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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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TV Series: "Can't Pay? We'll Take It Away!"....a discussion thread


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On programmes like Cant Pay/Sheriffs are coming, do they actually have a legal right to film the debtors, including continuing to film the debtors after being asked not too?

 

On Sheriffs when a Debtor kicks off the narrator proudly announces that they have continued to film from the public pavement, and the EA's/HCEO's get quite stroppy too when the debtors try and block the cameras claiming the film crew have a right to do so, but is this true?

 

As I understand it, from various guides on public photography etc, it is legal to film a general "street scene" for example, but if you focus on an individual, even after they ask you not too, then it becomes harassment. Even where the Debtor has asked them not to continue filming, they often broadcast the footage but with the debtors face pixillated - again how does a commercial television enterprise have the right to broadcast footage taken where they clearly have not had permission and have been told to stop filming. Not to mention that they enter both personal and corporate private property with cameras filming before even getting permission, this does not seem right to me, and should you or I behave in a similar way would likely have the old bill at the door, and I don't mean the lovely chap on this very forum!! :wink:

 

I know the Police get away with doing this on their many, many fly on the wall shows as they claim under the admin of justice act or something, "justice being seen to be done" even though much footage as narrator often says is taken of people who were never charged. Does something similar apply because the debtor is subject to civil legal rulings?

 

Just something I have been thinking about after watching some footage on youtube where people were filming EO's who took umbrage and complained themselves that the filmer was "harrasing" them.

 

I have no real issue with EO's themselves wearing onboard cameras as it is both for their own protection and the debtors as it acts as proof where something wrongful is claimed, but again I would take issue should that footage then be broadcast without the member of the public filmed's permission.

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On programmes like Cant Pay/Sheriffs are coming, do they actually have a legal right to film the debtors, including continuing to film the debtors after being asked not too?

 

On Sheriffs when a Debtor kicks off the narrator proudly announces that they have continued to film from the public pavement, and the EA's/HCEO's get quite stroppy too when the debtors try and block the cameras claiming the film crew have a right to do so, but is this true?

 

As I understand it, from various guides on public photography etc, it is legal to film a general "street scene" for example, but if you focus on an individual, even after they ask you not too, then it becomes harassment. Even where the Debtor has asked them not to continue filming, they often broadcast the footage but with the debtors face pixillated - again how does a commercial television enterprise have the right to broadcast footage taken where they clearly have not had permission and have been told to stop filming. Not to mention that they enter both personal and corporate private property with cameras filming before even getting permission, this does not seem right to me, and should you or I behave in a similar way would likely have the old bill at the door, and I don't mean the lovely chap on this very forum!! :wink:

 

I know the Police get away with doing this on their many, many fly on the wall shows as they claim under the admin of justice act or something, "justice being seen to be done" even though much footage as narrator often says is taken of people who were never charged. Does something similar apply because the debtor is subject to civil legal rulings?

 

Just something I have been thinking about after watching some footage on youtube where people were filming EO's who took umbrage and complained themselves that the filmer was "harrasing" them.

 

I have no real issue with EO's themselves wearing onboard cameras as it is both for their own protection and the debtors as it acts as proof where something wrongful is claimed, but again I would take issue should that footage then be broadcast without the member of the public filmed's permission.

 

Persistent or aggressive photography of a single individual may come under the legal definition of harassment

 

Why is it though that most would advocate the filming of bailiffs but that they themselves should protected? If you are in a public space, then you may be filmed and you have no choice in the matter. And if its being filmes for a public interest story or a private matter, thets entirely up to the recorder.

I think you will find that usually, a debtor will only be blured when the filming was done and they were on private property or have proven some reason why they should not be indentified. For instance a witness protection program, and an adult hiding from the babies father, or just someone filmed that turns out to be a child...many reasons.

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Persistent or aggressive photography of a single individual may come under the legal definition of harassment

 

Why is it though that most would advocate the filming of bailiffs but that they themselves should protected? If you are in a public space, then you may be filmed and you have no choice in the matter. And if its being filmes for a public interest story or a private matter, thets entirely up to the recorder.

I think you will find that usually, a debtor will only be blured when the filming was done and they were on private property or have proven some reason why they should not be indentified. For instance a witness protection program, and an adult hiding from the babies father, or just someone filmed that turns out to be a child...many reasons.

 

The same argument over Police Officers could well apply, that as Officers of the Crown, and indeed uniformed parking wardens, and council enforcement officers when on duty then the taxpayer has a right to hold them to account.

 

How many incidents of Police brutality, or indeed unlawful/illegal behaviour by EA's have been caught and been dealable with thanks to people filming/whistleblowers with hidden cameras. If you are a normal member of the public, then continuing to focus in on and film you without permission is harassment, photographers/filmers have been done for it. Look how when the EA's on these programmes show up at a residential property, and find the door open, they walk in and "invite" the film crew to follow, I cannot see what legal right on earth a commercial film crew has to enter the property, the EA certainly does not have the right to "offer it".

 

I am still amazed the two cuddly HCEO's on Cant Pay havent at the very least been "invited for questioning" regarding the unlawful detention and theft of personal property (a mobile phone) they hapilly carried out on Camera (the african chap who turned up at the flat with a box full of fake US Dollars)

 

The right of Any Persons Arrest did NOT Apply and they have absolutely no protection under that right - they did not eye witness a crime taking place, they merely had suspicions a crime *may* have happened, and you cannot citizens arrest on suspicion or indeed heresay - if someone runs into your home and shouts a man out there has just assaulted/mugged me, and you ran out and citizen arrested them, you could end up in the crapper.

 

The famous case of the businessman and two employees "arresting" a third they believed had been stealing cheques and tied him up and marched him through town to the nick and then getting prosecuted (though iirc in the end they did not face criminal charges but had to pay a lot of money to the "victim", I bet the fact they did not witness the crime taking place, just believed it had held badly against them too.

 

Even a PCSO can only detain for 30 minutes until a real police officer turns up, these 2 HCEO's stole the victims phone off him, did not know who he was, or even if he actually did live in the property and detained him for around an hour and 20 mins!!

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Indeed. The man in question would have had, I believe, a valid defence of using reasonable force against them to remove himself from the situation and reporting his phone as stolen by means of robbery (and identifying the people responsible) as well.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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