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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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Letting Agent Not Starting Deposit Return Process


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I would say that they certainly aren't entitled to recover the costs of normal wear and tear.

When somebody rents out a property then they have to expect that it is going to be used and of course their asset will deteriorate as a result – and that is partly what the rent is for.

If there is damage which goes beyond that then that should certainly be paid for.

It seems to me that the holes in the wall definitely need to be addressed. Damaged freezer drawer. Curtain track. But if the scuffing on the walls is simply part of the ordinary usage of the property then that may well be considered wear and tear.

I'm afraid that being rude while they've got your money and you don't have it – is not necessarily the best approach.

Did you take photographs of the property as you left it? Did you take photographs of the property when you first moved in?

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Just to add – I would suggest that the best strategy is to decide on which deductions you agree upon and then write to them and approve those deductions and ask them to pay those ever immediately and then put the others in dispute.

This will demonstrate goodwill and positive approach and also reduce the size of the dispute value which will be helpful later on

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I'm afraid that I don't know what the proper procedures are but although you filled the holes in the wall and painted them, it was obviously not good enough that they didn't notice it.

I'm afraid that I'm not competent to comment on the correct procedures which should be followed. Maybe somebody else will come along here and help. Also I can only advise you as to the principles of "wear and tear" as I understand them – but I haven't seen the marks that they are referring to. However it's not unknown for landlords to expect to be able to get an entire professional paint job at the expense of their ex-tenants.

You didn't take your own pictures going in and you didn't take your take own pictures going out – Big Fail.

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