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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Penalty referred to debt collectors without any attempt to contact me


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Hi folks,

 

I had a classic mini up until about 4 years ago when I gave it to a garage for a restoration.

 

Long story short

they tried to shaft me by charging double the agreed fee for a job less than half done.

I still haven't managed to save up enough to take them to court to get the car back

however have continued to register the car SORN up until this year.

 

I rang the DVLA a few weeks back and advised them of this story

and they said to send a letter in and the car would be recorded as no longer in my possession.

I did this and today have received a letter back that has completely astounded me.

 

It starts:

 

Thank you for your response in respect of the Late Licensing Penalty issued to you for failing

to relicence your vehicle as required

 

Say what?

This is the first I've heard of any penalty.

I'm certain the DVLA have my phone number and address as I have made sure things are kept up to date.

 

I haven't had a single letter all call from the DVLA regarding this.

 

Further down in the letter I get

 

The case has now been referred to a debt collection agency

 

I tried to call to find out what is going on,

but the phone number of the letter is a fully automated phone system.

 

You get the option to pay or a recording that ends in

"Thank you for your call, goodbye" no matter what option you pick.

 

Perhaps that is a good thing because I am thoroughly sick to death of the government.

They've screwed up every part of my tax records recently

(I've had thousands appear out of nowhere from self assessment earnings 5 years back that

they "forgot to bill me for", shortly after that they did the same with NIC contributions from 7 years ago.

 

I've had about a grand and a half of working tax credits yanked back from me

and I'm still paying that off. I didn't think there were any more government departments

waiting to screw me over but apparently I missed one :mad2:

 

Anyone have a phone number for a human that I can talk to?

I don't want to scream and shout, I just want to know actually find out the details

of this fine seen as they haven't bothered to send me anything about it up until now.

 

I'd also like to ask why I haven't had any text notifications

about the renewal of a SORN if it did indeed expire.

I'm certain I signed up for that on the website some years back.

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stay off that phone!!

 

DCA's are not BAILIFFS and have NO SUCH LEGAL POWERS.

 

if you owe the DVLA

 

you PAY the DVLA not some speculative fleecing DCA.

 

its a Gov't debt..

 

NEVER EVER pay a DCA for one of those.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the reply and warning - I could have been clearer. I did not call the DCA I called the DVLA on the number for their "enforcement centre".

 

I have since done a bit more investigation to figure out what is going on.

 

Turns out the DVLA have got the wrong records on file for me (2 1/2 years out of date).

 

I did send the logbook off to them when the address changed including an explanation of no longer having possession of the vehicle

- this is why I hadn't continued to make any further SORN notifications.

 

I've prepared a letter stating this, restating the current situation regarding the car

and stating their failure to properly notify me if they thought there was an issue on the tax status.

 

I phoned the DVLA previously regarding the car and the person I spoke to made no mention that their was an overdue license penalty

on the registration from more than a year ago.

 

I've cited my sending the original red logbook off to them in Dec 2012,

referred to Section 07 of the Interpretations Act 1978 and that I have fulfilled my obligations to notify them.

 

I've then included a paragraph referencing court cases were the DVLA have attempted to assert that the IA doesn't apply

and they have lost along with cases they've tried to wangle out of by saying the registered owner should have followed up

having not received an acknowledgement (and lost).

 

The only reason I am aware of the penalty at all is because I became aware that I had not had the acknowledgement

(in June this year) and contacted them to get one.

 

I finished off by telling them to remove the fine and call off the DCA, providing written confirmation.

 

So place your bets, do they back down or dump another unsigned stock letter on me?

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