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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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Body-worn cameras to curb aggressive bailiffs


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Body-worn cameras to curb aggressive bailiffs

 

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People in debt will be given greater protection from rogue bailiffs as the government today announced the introduction of compulsory body-worn cameras.

 

-- Body worn-cameras to be made compulsory for bailiffs

-- Further findings and action on bailiff behaviour to be published later this year

-- Part of wider Government efforts to improve how people in debt are treated, including 60-day ‘breathing space’

 

While the vast majority act professionally and within the rules, there are concerns that some bailiffs continue to employ intimidating tactics that put both themselves and often vulnerable consumers at risk.

 

The Government is taking decisive action and making body-worn cameras mandatory to ensure debt is collected in a fair and safe manner – with those who fail to do so held to account.

 

READ MORE HEREhttps://www.gov.uk/government/news/body-worn-cameras-to-curb-aggressive-bailiffs

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many have been using them since 2014, but issues remain like losing footage, alleged tampering, and of course the CH5 DCBL debacle where Ch5 owned the cameras and therefore copyright.  Might be a positive step though.  Enforcement of itself is archaic and brutal.

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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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  • 2 weeks later...

It will be good news if they do make it mandatory as at the moment, although almost everyone involved, including most debtors, the advice sector and the enforcement industry themselves want the filming to happen, the ICO has expressed concerns over the widespread use of this intrusive data processing. At the moment the legitimising purpose for such filming from Article 6 of the GDPR is "legitimate interests" and this means there needs to be a balancing exercise between the rights of the data subject and the enforcement agent. It the debtor (or another data subject that is caught on camera) does not want filming, the enforcement agent needs a good reason to ignore their request to stop filming. The simple reason that the council might want to see it in less than 0.1% of cases does not mean the filming of the other 99.9% of visits is not excessive. If it is made a legal requirement, the legitimising reason can be "processing is necessary for compliance with a legal obligation" and filming will be done as the new legislation requires.

I do hope they express the legislation clearly and fully after talking to the ICO.

 

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The ICO might well squish it or severely restrict it  as they are not happy with DCBL and Ch5.  They are also looking to ban or restrict the use of car dashcams on GDPR and consent as they regard pedestrians and other vehcle occupants as Data Subjects so users might need to register as Data Controllers. 

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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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  • 1 month later...

I hope that the 60 day breathing space will be brought into force and soon. It has always seemed particularly unfair to me that people who are already having financial problems should have the added burden of bailiff fees  to pay on top of their existing debts. Not helped by certain bailiff companies adding preemptive fees for which there appears to be little in the way of admonishment when they are exposed. Thus there is little incentive for those ignoring the correct  fee structure to discontinue their ways. Indeed, it may encourage some of the others to copy.

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