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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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Criminal Courts Charge to be scrapped!!!


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In March I started a thread on here about the introduction by the Ministry of Justice of a Criminal Courts Charge that from May this year was to be added to each Magistrate Court Fine.

 

The charge ranged from between £150 up to a maximum of £1,200. The charge is paid on top of the fine, compensation order, prosecution costs and victims surcharge. As can be seen in the following thread that I started, this charge has lead to the resignation of many Magistrates.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?443504-Criminal-Courts-Charge-to-be-added-to-all-Magistrate-Court-fines.

 

There has been an intense amount of lobbying from amongst others, the Magistrate's Association and the Howard League for Penal Reform for this charge to be scrapped and I am delighted to hear today that the Justice Minister; Michael Gove has agreed that the Criminal Court Charge is to be SCRAPPED on 24th December !!

 

http://www.bbc.co.uk/news/uk-politics-34993428

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Does this mean that those people who have already paid this charge, will get it refunded ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Does this mean that those people who have already paid this charge, will get it refunded ?

 

Do pigs fly? They will try their best not to repay, but maybe a Human rights case to reclaim might succeed.

We could do with some help from you.

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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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Does this mean that those people who have already paid this charge, will get it refunded ?

 

One magistrate asked the same question yesterday.....albeit it in a slightly different tone:

 

"Just hope that the poor sods lumbered with this crass and unjust impost get their money back. Ideally, taken from Grayling's paycheque".

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One magistrate asked the same question yesterday.....albeit it in a slightly different tone:

 

"Just hope that the poor sods lumbered with this crass and unjust impost get their money back. Ideally, taken from Grayling's paycheque".

 

Well said that man :)

 

Meanwhile, quite a few magistrates have left - will they be asked to return or will they replace them so the system is fully staffed ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Meanwhile, quite a few magistrates have left - will they be asked to return or will they replace them so the system is fully staffed ?

 

In fact only two weeks ago the Magistrates Courts advertised for new Magistrates.

 

Although the Secretary of State has cancelled the Criminal Courts Charge he nonetheless stated that he is looking at ALTERNATIVE methods whereby those convicted of a criminal offence pay towards the court costs.

 

There is a great deal going on behind the scenes regarding court fines. This is being completely overhauled and in particualr given, that the long awaited privitisation of court fines was cancelled last month.

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BA - Combined with what you PM'd the other day, regarding that other stuff in the works, this is fantastic news, and both a triumph and a timely reminder of just how important the existence of an Independent Judiciary is. And another example of how the Tory Government, or at least its senior ministers are continuing to legislate purely on ideological grounds without doing any research into the pro's, con's and indeed awkward things like facts and reality, and how a a particular bit of ideology would actually operate in the real world.

 

I suspect Community Payback is something in need for reform, that could perhaps be transformed into a better way of making Offenders "pay their way" The scheme is supposed to benefit the whole community, yet generally they appear to mainly be benefiting Charities with a very specific specialisation, so only benefiting a very small part of the community, not the community as a whole, and Not for Profit Organisations, but NPO's are not Charities, from what I have seen, a good many are Charities that gave up their charitable status and became NPO's in order to be able to pay senior management a lot more money with a lot less scrutiny, and so that a lot more of the cash being made can be shifted into those managers pockets.

 

Also, several regions CP Schemes are sending Offenders to work in private companies alongside paid staff, which would appear to breach the rules, they aren't supposed to benefit and generate profit for private corporations, and Offenders must NOT be used to replace paid staff, or allow a company to operate with less paid staff, yet if you know you have a steady stream of free staff, like Poundland/Tescos with the Workfare fiasco's, you are clearly not going to have on the books as many paid staff as you actually need.

 

Incidently, my Local Court would appear to be actually assisting people issued with a Court Fine, rather than setting them up to fail, so EA's can be sent after them and generate massive fees - I know a guy who was given a fine a while back, and the other day he showed me a special payment card he has - he said, when the fine was issued, the Court Staff approached him, and offered him the Card, onto which he makes an affordable payment every week out of his benefits, at Paypoints - since this scheme exists, you would think more Courts would be behaving in the same way, rather than washing their hands and letting it progress to Enforcement.

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We have to watch out for similar charges they may try to bring in by the back door.

We could do with some help from you.

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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...
Well said that man :)

 

Meanwhile, quite a few magistrates have left - will they be asked to return or will they replace them so the system is fully staffed ?

 

In fact, just this week Michael Gove announced in the House of Commons that he would like to invite all magistrates who had resigned to reconsider and revisit their decision. The following is an extract from a recent article in Law Gazette:

 

 

Last week Michael Gove announced the charge would be scrapped from 24 December and that the Ministry of Justice would review the entire structure of court-ordered financial impositions for offenders.

 

Gove told the House of Commons this morning: ‘Every single magistrate who felt for whatever reason they couldn’t sit on the bench as a result of that policy I would like to invite to reconsider and revisit their decision.’

 

The MoJ introduced the fixed costs under the last government, charging defendants convicted in the magistrates’ court on a guilty plea £150 and £520 for those convicted after a magistrates’ court trial.

 

In the Crown court, a conviction on a guilty plea costs £900, while those convicted at a trial on indictment pay £1,200.

 

When asked if he would review and waive outstanding payments from individuals who had incurred high levels of personal debt because of the charge, Gove said: ‘It is the case that people will have paid penalties under the criminal courts charge. That was the law at the time. It will be the law until 24 December. After that people will not be paying the criminal courts charge.’

 

Responding to a question on what advice he would give to people who were charged before 24 December, Gove said the ministry had ‘sought to take steps as quickly as possible after a proper review of the criminal courts charge and after the spending review to suspend the operation of the charge.

 

’Twenty-one days after the requisite statutory instrument was laid, that is the 24 December, then there will be no further imposition of the charge’.

 

PS: Since it was introduced in May this year, Criminal Court Charges of almost £28 million have been imposed.

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I wonder how much of this is down to the Powers that be freaking out at the likely unfillable magistrates shortage they are looking at, in a court system already falling apart due to lack of spending and total chaos from the CPS to Translation Services, and the realisation that with the collapse of the Privatised Fine Admin scheme, the Charge was going to make Gove and others look very, very bad since it would add millions upon millions to cash owed, but not collected...

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