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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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Tenant withholding rent


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Hi

So the Tenants reported this leak which ended up being the flat roof felt and the tenants during that time did not mitigate any damage even to there own goods by removing from that affected areas within the property.

The Tenants should be aware that in any property whether it be Private Rented or Social Housing it is there own responsibility to have Contents Insurance.

The Tenants withholding rent in any circumstance puts them in a bad position and should never ever be done by the tenant as this places them in Breach of Tenancy and I would never ever advise any Tenant to withhold there Rent.

Your own actions as a Landlord during this have been very reasonable as you got  quotes and got the roof fixed within 3 weeks which is reasonable.

Has the internal of the property been inspected properly where the water damage was and any works needed carried out also if electrics were anywhere near this it may be advisable to get an electrical safety inspection done.

I have to agree them asking for 2 months rent free is a bit much for the disruption they have been through (doesn't help you advising they are always late with rent) also bear in mind you say there is a dehumidifier running in the property to assist drying it out so this cost will be on the tenant to run that which is unfair I think one month rent free is more reasonable.

I understand you are not happy with the Letting Agent but as you employed the services of this Letting Agent and have a Contract with them you need to make them fully aware of your issues and how you can get out of that Contract to find a better Letting Agent.

What you need to remember even though you Employed the Services of this Letting Agent or any Letting Agent you Employ they are only acting on your the Landlords behalf and the buck for anything stops with you the Landlord. So if you have an issue with the Letting Agent you need to inform them and have a paper trail to back you up with everything you do as a Landlord.

 

 

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi

As @BankFodder has suggested after seeing how much the rent is that is shocking that they want 2 months Rent Free so I have to agree with the recommendations suggested.

Also due to this are you considering going down the Eviction route and if so you need to bear in mind that you need to follow the Legal Process for doing this by initially sending your Tenant a 'Notice to Quit':

 

WWW.GOV.UK

Landlords need to follow certain procedures when evicting tenants - find out about eviction notices, harassment and illegal evictions, and going to court

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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