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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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Landlord witheld deposit.


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I will try to keep this as short as possible.

My husband and I moved into a house in March 2012 into owned by a private landlord

Never really had any trouble from them, we didn't give them any either. We always paid on time. 

We knew he was a bit dodgy though.  

In January 2017 my husband died suddenly.  I didn't leave until March 2020.

I didn't get my deposit back, it was £2100.

We were on friendly terms with the two brothers who owned the house. By varous means we knew that their mortgage was not buy-to-let, and I know that our deposit was not kept in a TDP (I checked).

In the run-up to my leaving, my landlord was very helpful with helping me with the garden and he sourced a skip for me, so I do appreciate that.

In February 2018 I asked my landlord for a new front door, and he agreed.  It should really have been replaced before we moved in but my husband didn't want to make a fuss. Still without a front door, a visitor (former friend of mine) kicked 4 panels glass panels out of the front door in a fit of rage. I reported it to the police who wouldn't do anything about it.  This was January 2020. 

As i had already been promised a new front door, I just patched up the panels, thinking my landlord would come and sort it.  I told him immediately.  He didn't replace the door until I had gone, so left me in the height of winter, living on my own with cardboard patching up and already flimsy door.  

The new door he had put in, taken out of my deposit, was definitely not 'like-for-like' and I know it cost about £1800, and if I had known this would happen I would have got my friend to put some glass in the panels for me.

Even since before I left I had asked him to keep me informed of anything he deemed necessary to replace and charge me for and he only kept being vague.  I never saw any receipts and he never asked me if he could do anything and I didn't see any evidence of work completed. 

I wrote to him once demanding evidence and he just rang me and fobbed me off. 

I have numerous texts messages, requesting this information also.

It has now been almost a year since our last contact.  I have been wanting to threaten him with court since the beginning, but I am scared of how much it will cost me, especially if I lose. I read somewhere I have 6 years to take action.

I'm just looking for some advice about what to do next please, and what chances I may have of winning, and also what is involved in legal action against a landlord?

Many thanks.

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Thanks for your replies. Yes, I did ask all three of the TDSs - deposit protection Service, My Deposit, and Tenancy Deposit Scheme - I believe they are the only ones, but I did it over the phone. I will do it again and ask for it in writing this time, the email I used at the time is no longer in use.
 

Thanks

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