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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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Noisy Neighbours, Who's In The Wrong?


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We had some new neighbours move in about 3 months ago. At least 3 times per week they're banging, drilling, etc with power tools. They are fair to start and stop within working hours except once (so far) when the neighbour's Dad was making a fence in the back garden on a Sunday. I asked them to keep the noise down, they looked at me like a wan?@r and said "It's finished now anyway".

 

They have parties once a fortnight where they have friends around for a drink and loud talking in the back garden until 11pm when they go indoors. To be fair it's not like I hear much when I'm in my lounge but when I go into the kitchen the noise is disturbing. I am often awoken around 1am after these parties by them slamming doors.

 

I've complained to them a total of three times, that one time to the neighbour's Dad on a Sunday, and twice to the neighbour. Each time I've felt like I'm the bad guy, I guess after all they are working on their house and the parties could be a lot worse.

 

Yesterday the neighbour's Dad came round and told me they'll be having a party that night and tonight (Friday night and Saturday night) and that it would end at 11pm. I thought fair enough until he said he'd told me this because he "Wont have my daughter intimidated". Intimidated? "By you going around complaining about the noise". I said "There are laws about noise".

I think I have been fair, it's not like I went around there shouting about it, the times I've complained I've kept it pretty laid back so I don't see any intimidation, on my part at least.

 

So now I'm thinking maybe the Dad thinks he's the hard man and he's basically telling me not to complain about the noise.

 

Who's the d?ck here? Me for being a Victor Meldrew??

 

What level / timing of noise is "reasonable"?.

 

DIY on a new (at least to them) property? Probably.

On a Sunday (daytime)? probably.

 

Noise from their garden that doesn't disturb you in your lounge, but can affect you in your kitchen..... probably reasonable.

Until 11 pm (and then they move indoors), probably reasonable.....

 

Awoken at 1 am for slamming doors ... pretty unreasonable by their guests......

 

Decide what is reasonable, and only complain about unreasonable noise. Make the complaint about why the noise (level / timing) is unreasonable.

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Make the complaint about why the noise (level / timing) is unreasonable.

 

Yeah, and how do I complain without being accused of intimidation?

 

By focusing on why the complaint is about unreasonable noise ...........

 

If you wanted to avoid any chance of a confrontation or any allegation of being intimidating, a polite note (keep a copy) through the letter box might help.

 

Doing so by (polite letter) is good advice too, as is keeping a copy (so that others can judge for themselves if it is intimidating, if they choose to follow that path ......)

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A polite note would do no more than I've already done. They are clearly selfish people. They had parties Friday night and Saturday night; this weekend is bank holiday so I expect all three weekend nights this time.

 

I wouldn't say I am intimidating, I'm 5'11", 14 stone so I'm average. When I did knock and complain I never saw the daughter, just the guy. I talked to him about the noise, I may have seemed a little ****ed off but I was not threatening, indeed, after I'd talked about the noise I asked him about the kitten he had in his arms.

I could invite my friends around for a party in our back garden, some of them are very intimidating. But I just want a peaceful life, bit of quiet, I don't pay rent to live next door to a night club.

 

As for "do you want someone to intervene", I don't know what you mean?

 

By

I'm wondering if you want to deal with this yourself or are looking for someone else to intervene. Are both houses privately owned, incredible?

HB

 

I suspect HB was looking for if you wanted to resolve this informally, or on a more formal basis involving an agency such as the police, the council's (anti!) anti-social behaviour unit, or (if both houses were e.g. Housing Association houses where the tenancy usually had a term regarding causing disturbance) the Housing Association.

 

Knowing HB's usual posting style I doubt she was suggesting "snipers in the bushes, with orders to open fire at 23.01 if the enemy doesn't retreat indoors at 23.00"

 

Involving (an official) third party will need you to re-focus on the reasonable vs. unreasonable noise aspect, and collect evidence of unreasonable noise. Complaints from you about noise that is reasonable will just make you look daft, and risk the complaint being dismissed.

 

You've already decided not to try the 'polite letter' approach? you are talking about "getting your very intimidating friends" around?

Expect the police to become involved as things escalate, but I don't think the neighbours will be the focus of the investigation.....

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