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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Leak from upstairs flat brought down ceiling


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But are they wet electrics in their flat or in yours?

And what you say about them saying that it is your responsibility to carry out the works? You told us originally that you gave them a deal because they undertook to carry out the repairs. You haven't responded to this question

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Wet electronics are in my flat. 

If you can imagine a terraced house. So their bathroom is directly above mine. Basically between their bathtub and my ceiling is 18mm timber floor and then 12mm plasterboard. If their bath leaks upstairs all water falls directly below onto the ceiling. The plasterboard above the taps area of the bath has fallen. The rest of the water is running on the plasterboard and finding its way to the lowest place which is the hole is for the ceiling lights. 

My reply to them was - 

See pictures attached of where the leak is coming from and the ceiling which fell down earlier today. 
 
If you don’t resolve this within 24hrs from now I will have to get the work done myself and claim the expense through you. As you can see the water is coming from the bath upstairs so how can this be my responsibility?
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I may have misunderstood. You are saying that their position is that they are not allowed to carry out work on your property – only on theirs.

Submit the H & S form straightaway.

Send them an email separately

 

Quote

I have completed the H & S form as requested by you.

However, I would point out to you that we are on the verge of a bank holiday weekend. I'm happy to comply with all formalities and I have done so.
However, I hope we can work together on this because the persistent and recurring leak which has caused problems on at least four or five occasions needs to be fully addressed as a matter of urgency.
At the very least, the downstairs flat which has been affected by the leak from the premises controlled by yourselves is now in a dangerous condition because the electrics are wet, there is a fuse which is constantly being tripped as a result of moisture and although I am attempting to put repairs to the downstairs electrical system in hand, I need to commission works to deal with the source of the moisture which is the leak in your property.

I'd be grateful if exceptionally as a matter of urgency, you could grant me immediate permission to have leak on your premises inspected and to receive quotations for a full repair.

As you can imagine, this matter needs to be dealt with quickly and I'd be very grateful for a rapid reply to this email.

Signed

check this email above. See if it misses anything, if anything is incorrect, whether you want to add anything – let us know. Once we have seen what you are going to send them, then you should click it off straight away

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And we have crossposted.
I have just seen the message which which you say that you have sent to them. I have already made it clear that you should not be confrontation with them at this stage and yet you have done precisely that.

The idea is to get in and get the work done and sort out the claims later on. Now you have sent an aggressive and challenging message and of course the chances of getting any kind of goodwill out of them is substantially reduced.

You need to get into a new mindset about this. It's about being stealthy.

Don't send any more messages until we see them if you want us to help you

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Ok. Understood 👍

I have sent off the H&S form. Also told the tenant upstairs not to use bath till its fixed but they aren't listening. Am I allowed to turn off the water if they use the bath again before its fixed?  I realise that water is a necessity but I am more worried about the wet electronics as that could cause more serious issues. 

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No I wouldn't turn off the water. I wouldn't take any more action which ends up in a confrontation.

I would only think about turning off the water if I had a qualified electrician who came in and gave me a notice which certified that the elections were dangerous as a result of the leak.

If you want to put this in hand and this will give you some leverage. However I do think that the likelihood is that your conflict oriented message to them has set you back very badly.

  

15 hours ago, BankFodder said:

Don't get into an arguement about who is going to pay the money .

Your objective at the moment is to get the independent quotations and then to put the work in hand.

Don't rock the boat

 

 

I'm not sure which part of this advice you didn't manage to understand

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Okay – sorry for being grumpy. I hadn't realised

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BankFodder, grumpy?

Never!

It never ceases to amaze me that all this detailed stuff can be done on a forum without some serious fallouts...

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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No, by fallouts, I meant between forum users...🙂

 

Keep going, BankFodder will steer you right...

Edited by Nicky Boy
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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

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The point that I'm making is that they must be lulled into a sense that you are going along with it and that you will put the repairs into effect and that you will pay for them and that you will pay for the damage downstairs.

The important thing is to get the damage properly quoted for by various sources and then to get the damage repaired.

Later on we can demonstrate that you have done everything you can to communicate with them, to make sure that you have selected the best repair solution in a fair and transparent manner – and that you have either chosen the cheapest or at least the most effective.

Once you have the quotations, we will show the quotations to them and ask them to comment. The important thing is that you must be able to show that they were informed at all times as to what was going on.
This kind of transparency will pay dividends later on.

As soon as you start getting into conflict, they will pull up drawbridges and you will find things very much more difficult and you may then have to enter by force in order to abate the nuisance. This is permissible in law and if they make it impossible to carry out the repairs then this is what I'm going to advise you – but for the moment, let's try and do things gently and with an air of friendliness. In other words, let's get things done by stealth.

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