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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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Can I recover this money?


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Hi,

 

I lent my son and his then partner (not married) £10k as a deposit to buy a house in 2014. A verbal agreement was reached between all 3 parties that once they were in the house, I'd give them 9 months grace and then they could pay the £10k back at £150 per month (between them).

 

My financial advisor produced a very short document which stated the £10k was a gift to both parties. This was signed by both parties. However it is very important to note that despite this it was always very clear the £10k was a loan not a gift. I did not sign this document nor was I requested to. I do not know the whereabouts of this document now and neither does my son.

 

The 9 month mark came and my son and his partner both set up monthly direct debits which deposited £75 (each) into my account.

 

At 12 months they separated and approx. 4 months later sold the house and were left with £3000 'profit'.

 

My Son and his ex-partner agreed this should go back to me as part payment. The £3k was transferred to my account after the sale completed.

 

They've now been separated 13 months and my son has continued to pay 'his' £75 Direct Debit each month.

 

During the first 4 months post-separation the ex-partner only paid her share twice (month 1 and month 4) and stated she couldn't afford to pay it back as her other commitments were to great.

 

We had dialogue via text and she stated she'd return to the £75 direct debit as soon as she was 'on her feet'.

 

I received nothing for the next 6 months despite 2 prompts via text to which she didn't reply.

 

I texted her again at the 10 month mark and she stated she would only be able to pay the £75 per month back once my son started to give her Child Maintenance as she had recently commenced a claim for this.

 

At the 11 month mark my son began to pay the child maintenance (£105 per month) so I contacted her again by text.

 

She replied that she was now unwilling to pay any of the remaining money back and that legally it was a 'gift'. 2 months down the line she has not made any further payments.

 

I can see her argument as the document states it was a 'gift'.

 

However, my argument is that if it was a gift why did she return 'her half' of the £3k profit? why has she made 2 payments of £75? and why has she sent texts stating she'll pay it once she's on her feet or when the child maintenance comes though?

 

I'm considering a small claims court application, what are my chances?

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I think that we need to know more about what the document was about. Why did they sign it? And why did you not sign it?

 

I think in principle you are right that the fact that money was repaid and that they were promises to continue repayments undermines the idea of a gift.

 

I think that you have a fair chance of recovering the money in a County Court – but for instance if it turns out that the document was drafted and signed in order to avoid some tax liability, for instance, then you will definitely lose because the court will not become involved in that kind of arrangement.

 

Even if you do win, are you sure you can enforce a judgement?

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There is a (rebuttable!) presumption that a transfer of money father to child will be a gift.

If you had a document setting it out as a loan : this could rebut that presumption.

 

I agree with BF's concern : why was there a document setting it out as a gift if it wasn't a gift?

If you are going to make a claim on grounds that it was a loan and it is equitable for a loan to be repaid, you will need "clean hands"!

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