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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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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We had a council tax debt of around £700.

 

 

We offered rossendales £100 per month which they refused as we filled in an income/expenditure form

and we have extra money apparently which we don't!

 

 

We have now cancelled sky subscription and my mobile phone has been cut off.

 

 

They are requesting 250 per month.

 

 

We paid the first £250 then the next payment we could only afford 200.

 

 

I have been in contact with them throughout trying to explain we just cannot afford that much.

 

 

Now because we paid only 200 the agreement is cancelled and

 

 

if we don't pay the full amount left they are sending an enforcement agent out to our home

 

 

. I don't know where to go from here.

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you need to clarity these things:

 

 

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

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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what letters have you had from rossers and their titles please?

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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I can't find the original letter, the one I have is the payment arrangement which states it is for a liability order. All communication I have had with them is through email. I emailed them again yesterday trying to explain we have paid £200 and don't have the rest yet. We have paid a total of £450 in the last month not the £500 they wanted. The reply today was.... The full balance is now due and we have no further comments on the matter. The balance remaining is £356. I could understand if we wernt paying anything but we are doing everything we can to pay it.

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Can you please post back with details of the charges applied to the account.

 

I am trying to ascertain whether an enforcement fee of £235 has been applied.

 

PS: I am becoming increasingly concerned at the number of similar enquiries that I receive daily on this same subject. When the regulations were introduced last year it was made very clear that enforcement companies should be willing to accept a sensible payment proposal as long as this was outlined during the Compliance stage. What is considered 'sensible' is open to interpretation but generally, a proposal that would see the debt cleared within 3 -6 months is considered normal.

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Can you please post back with details of the charges applied to the account.

 

I am trying to ascertain whether an enforcement fee of £235 has been applied.

 

PS: I am becoming increasingly concerned at the number of similar enquiries that I receive daily on this same subject. When the regulations were introduced last year it was made very clear that enforcement companies should be willing to accept a sensible payment proposal as long as this was outlined during the Compliance stage. What is considered 'sensible' is open to interpretation but generally, a proposal that would see the debt cleared within 3 -6 months is considered normal.

Hi thanks for the reply. No the £235 hasn't been applied yet but they are threatening to apply this and send an enforcement officer if we do not now pay the full amount outstanding. I can copy and paste the emails?

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Becca,

 

Sorry, I've only been glancing at this board over the last couple of days and hadn't read any new posts.

 

If I were you I would be emailing the council to complain bitterly. Explain your circumstances and the fact you made a reasonable repayment offer which was the absolute maximum you could afford. This really should have been accepted given it would have cleared the debt within 7 months - they like 3-6 months, but peoples' circumstances don't always fit neatly into what they like, so they can't always have that.

 

I'd explain that this is now causing hardship and further debt issues which would have been avoided had the offer been accepted. I'd explain also that you have no intention of dealing any further with their Enforcement Agents, you will not be letting them into your property and then make sure that anything of value outside (usually a vehicle) is moved away, ideally onto private land belonging to someone else, or into a garage where they cannot lawfully clamp it. State you are happy to pay the debt, but can only reasonably do so at a rate which is affordable.

 

Remind the Council of their vicarious liability which means they are responsible for the actions of their EA's, and ask that as you have stated clearly you will not deal with the EA, that they take the debt back. They may argue they can't, but they can - it is as simple as that.

 

I'd email the CEO directly. If you start lower, the danger is it may be dealt with by someone who's been instructed to write back saying you must deal with the EA. There is no obligation to do this at all. Certainly keep doors locked and do not let them in. Ignore any threats - they are just that, threats!

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Copy the email to the Elected Leader and your local council member also. maybe your MP, so they can see how bailiffs are acting under the new regulations.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Writing to the person that was your MP may be a waste of a stamp at the moment.

 

People that were MP's until parliament was dissolved are now just members of the public (or at most, candidates for election) and your MP may or may not be the same person after May 7th.

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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Writing to the person that was your MP may be a waste of a stamp at the moment.

 

People that were MP's until parliament was dissolved are now just members of the public (or at most, candidates for election) and your MP may or may not be the same person after May 7th.

Good point so send it to whoever is elected in May.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 2 weeks later...

hi

 

we had terrible trouble with council tax, but we totally refused to deal with the bailiffs or debt collectors. point blank.

 

we then arranged to have a meeting at the council and we sorted it all out directly

and we are now paying £20 pm off a much larger sum than yours.

 

if you refuse to deal with the goons and just insist on your right to deal direct with the council - what can they do.

they cannot refuse to speak/deal with you to arrange a suitable plan of payment.

 

I have a friend who works for the council tax department in London and he told me that they will try

and force you to pay more than you can afford - but they cannot force you to.

 

as long as you don't refuse to pay - it should all be ok.

 

 

it just takes a bit of stubbornness to fight off the idiots in the bailiff companies and debt collectors.

 

best of luck to you

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