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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted.
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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.

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Big Motoring World – Nissan juke PE65XVZ Paid by Debit Card @BigMotoringWrld PETERBOROUGH FENGATE


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Please help

My daughter purchased a car along with extended warranty from Big Motoring World in June 23. She paid 7K for car and 2K for warranty and has had nothing but bother trying to reject the car. Within days of driving the car warning lights were displayed.  She eventually got to speak with someone from warranty 2000 who advised her to get car to local garage it appeared the car had an oil leak (this was an advisory on MOT March 2023) the car was also had misfiring issues. The oil leak was fixed but the misfiring still continued again my daughter tried to contact BMW via telephone this was extremely poor service phone not being answered then automated message saying you've requested a call back (this never happened). After numerous attempts she got through to someone and she was told that she needed to do all the donkey work like arranging recovery as the car was totally dead. Daughter refused to do this as she paid warranty for the likes of this. The car sat on the drive for around 3 weeks then went to original garage who fixed the oil leak. They come back to us saying it was an electrical fault and no one at the garage had the qualifications to fix it and the car would need to go to main dealership. The car sat on the grounds of the local garage for about 5 weeks before recovery was arranged. The car went to main dealership for diagnosis and they've said the car has multiple issues and needs a new engine the cost of that repair was £7500. We took this information back to BMW they then said they needed to do their own diagnosos. The car sat at the main dealership from 29th November til 12th January. We have heard nothing from them since. My daughter initially told them that she wished to use her consumer rights and reject the car BMW told her she couldn't do this as she was over the 30 days. They have been given every opportunity to resolve the whole experience has made my daughter very ill. She had just become a 1st time mum to a premature baby 6 weeks prior to this. She can't talk about this without getting upset my husband and other daughter had taken over communications with BMW they are forever ignoring emails or taking a long time to reply. 

 

Please help

My daughter purchased a car along with extended warranty from Big Motoring World in June 23.

She paid 7K for car and 2K for warranty and has had nothing but bother trying to reject the car.

Within days of driving the car warning lights were displayed. 

She eventually got to speak with someone from warranty 2000 who advised her to get car to local garage it appeared the car had an oil leak (this was an advisory on MOT March 2023) the car was also had misfiring issues.

The oil leak was fixed but the misfiring still continued again my daughter tried to contact BMW via telephone this was extremely poor service phone not being answered then automated message saying you've requested a call back (this never happened).

After numerous attempts she got through to someone and she was told that she needed to do all the donkey work like arranging recovery as the car was totally dead.

Daughter refused to do this as she paid warranty for the likes of this.

The car sat on the drive for around 3 weeks then went to original garage who fixed the oil leak.

They come back to us saying it was an electrical fault and no one at the garage had the qualifications to fix it and the car would need to go to main dealership.

The car sat on the grounds of the local garage for about 5 weeks before recovery was arranged. The car went to main dealership for diagnosis and they've said the car has multiple issues and needs a new engine the cost of that repair was £7500.

We took this information back to BMW they then said they needed to do their own diagnosos. The car sat at the main dealership from 29th November til 12th January.

We have heard nothing from them since.

My daughter initially told them that she wished to use her consumer rights and reject the car BMW told her she couldn't do this as she was over the 30 days.

They have been given every opportunity to resolve the whole experience has made my daughter very ill.

She had just become a 1st time mum to a premature baby 6 weeks prior to this.

She can't talk about this without getting upset my husband and other daughter had taken over communications with BMW they are forever ignoring emails or taking a long time to reply. 

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Thank you for this.

Please notice that I have introduce spacing into your story in order to make it accessible – especially to people using small screens. It's really important that you space and punctuate your posts properly in order to make it easier for people to help you. Otherwise people who might be prepared to make a contribution are likely to be discouraged.

How much of all of this story have you got in writing?

Have you got evidence of the faults et cetera that have been found or has everything been done by word-of-mouth?

How did you pay for the car? Was its refinance or did you pay by cash or do you pay by bank transfer?

I understand that your daughter is ill as a result of it. I'm not at all surprised – but I'm afraid that you will end up having to bring a legal action against big motoring world and it will have to be in her name and she will have to do it.
We will help all the way. We will help to draft letters of claim and claim forms et cetera but it will have to be in her name as she is the customer.

Do you think she can manage this?

It will also help if she takes a close interest in this thread and maybe even takes over from you.

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Thank you for replying and advice

We have the all the paperwork from both garages. 

Daughter paid using debit card left it too late for change back as we gave them the opportunity to fix

Taking legal action is what I'm preparing her for. I'm sure she will find the strength from somewhere. They just want her to give up.

Edited by Will keep up the fight
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Okay well we may as well move quickly.

It will be helpful if you could scan up the documents that you have in date order. Nicely scanned please – not just photographed so that we can see what you have.

Redact them for identifiers – this would be a prudent thing to do.

The a good idea to see exactly what there is with a view to sending a letter of claim next Monday and then beginning the claim 14 days afterwards.

You also have a copy of the advertisement to which you responded when you bought the vehicle?

It would be a good idea if you assembled the documentation that you have in the form that we suggest when preparing your court bundle. (Follow the link – court bundle)

 

I think we would also like a chronology please of dates and number of weeks that the car has been off the road.
Present it in a tabulated format:
date – problem – time off the road

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  • BankFodder changed the title to Big Motoring World – avoiding consumer obligations again.

I will do my best to send clear images of what we have

I also think that the mileage counter is faulty as I noticed a discrepancy from one garage to  another. The car was towed about 8 miles but the counter has clocked over 60. How can this be possible if the car was recovered 

My daughter has also paid around 2k for car insurance for a car that's hardly been on the road since June 

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Ok well let's have all the details that we have asked for .

If you are worried about the quality of documents that you are going to put up then about 60 quid will get you an excellent scanner from Currys which will last you march longer than this particular problem.

Everything we do here is completely free but we do expect you to be able to engage properly and to let us have documents in a condition that you would like to receive them if you are helping somebody free of charge

 

 

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  • BankFodder changed the title to Big Motoring World – avoiding consumer obligations again @BigMotoringWrld

You should assemble them in good condition, in a proper chronological order – well scanned – and upload them to this forum.

You should probably redact your identifiers

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  • BankFodder changed the title to Big Motoring World – avoiding consumer obligations again @BigMotoringWrld PETERBOROUGH FENGATE

Incidentally, would you post up a picture of your vehicle – maybe from the advertisement but also from now and it would be helpful to have the registration number as well.
Don't worry about posting that kind of detail. It's not unlawful and it will help you and it will help other people and of course it will embarrass Big Motoring World. Oh dear!

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They have got the car in question at their Peterborough branch (Fengate).

It is a Nissan juke PE65XVZ.

Not sure if we have any photos and the ad was online so taken down once sold.

The main dealer said on report that a new engine was required.

Big wanted to do own checks and they've come back to us today to say car only needed new battery.

My daughter has not seen her car since October been undrivable since September and this is their response 

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Thank for this. Sort out the documents and then we will begin the process of making a claim

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  • BankFodder changed the title to Big Motoring World – Nissan juke PE65XVZ @BigMotoringWrld PETERBOROUGH FENGATE

It may well be what we are looking for but I'm afraid that we would need it in a single file.

We need in a single file multi-page format in order.

I'm sorry but we simply don't have the resources to start opening individual files and trying to understand that the chronology etc.

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pdfs merged

lots of repeats but i think i got everything.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi again

Daughter can't quite remember all the dates as it's been so long now. What she can roughly remember is

Mid June 2023 she reported the car as faulty to Big car was then booked into local garage 21/07/2023 for diagnostic  The car had the following issues Electrical - coil - causing a misfire. Electrical  - spark plugs - causing a misfire. Engine - sump gasket  - has an excessive oil leak. (This was noted as an advisory on previous MOT March 2023)

09/08/2023 the car was booked in for repair 

This work was carried out by local garage and paid by warranty company. 

After collecting the car the same issues were still happening. Contacted Big again car sat on drive for around 4/5weeks waiting on recovery.

Car went back to same garage 20th October 2023 who advised the car go to main dealer as no one there was qualified to fix the electrical faults.

The car was recovered from local garage to main dealer 29th November (car sat at local garage all that time). The main dealer advised new engine and detected various other faults.

This was then relayed back to Big who then wanted to do own diagnosis they arranged recovery again from dealership and took car to their own service centre on 12th January. Again the car sat at the dealership all that time. 

They came back to my daughter and said yes the car was still misfiring and the car only needed a new battery. To date they still have the car and we are not any closer to resolution 

Edited by Will keep up the fight
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Tell your daughter start keeping a diary of events.

Try to bring it up-to-date from the moment she saw the car advertised. She won't be able to do it all at one go but gradually she will be able to fill in the gaps and the dates as near as dammit.

You have probably told us already – but can we just understand once again, as she had any repairs carried out at her own expense? What were they?

She bought the car and she pay for a warranty. What was the total outlay on this?

It is time to send the letter of claim giving them 14 days to accept the car back or you will start a legal action on day 15.

If you are prepared to do this then draft the letter of claim and post it here.

Please understand that this is not a bluff. They are unlikely to respond positively and you probably will have to start the claim.
If you don't stop the claim on day 15 then you will lose all credibility and you may as well give up.

Just to reiterate:
she bought a car.
It has suffered multiple defects.
Some of the defects have been repaired under warranty.
There are still outstanding issues which have not been repaired and in fact it is now with BMW who dispute the faults which have been found by the independent garage which apparently says that it needs a new engine.

The car is now off the road. Your daughter hasn't driven it – how many weeks/months?

I think we will need a fairly accurate timeline of the dates and periods during which she has been without her vehicle.

If we move this forward I expect that we can probably send the letter of claim on Monday – by email and also by post and then begin action 15 days later.

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Hi

Daughter was going to look at a different car Nissan qashqai but realised it was out her budget and that's when  she saw the Nissan juke 

Initial repairs were carried out and paid for by warranty around £800.

Cost of car was £7000 warranty £2000 administration fee £299 insurance for a car that's been off the road continuously since August/September 2023 £2000 and road tax. She also had to pay main dealership £71.99 before big could collect the car. Car sat on drive for a few weeks before recovery was arranged to local garage. 

My daughter has not seen her car since 20th October 2023 when big arranged recovery to local garage. The car sat there until 29th November when it was recovered to main dealership for diagnostic check their findings was a new engine was required. Big arranged recovery to take to their service centre 12th January and as far as we are aware its still there 

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  • dx100uk changed the title to Big Motoring World – Nissan juke PE65XVZ Paid by Debit Card @BigMotoringWrld PETERBOROUGH FENGATE

Do you have a written copy of the diagnostic check which reported that it needed a new engine? Did you pay for this check?

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Okay, add the cost of the report to your losses.
Any other losses that we should know about? Don't start thinking that you will put up with this or you will accept that or it's not worth claiming XY or Z.
Go for everything.

Please set out a bullet pointed list of your losses beginning with the purchase of the vehicle.

Draft a letter of claim. Post it here and we will go through it and get it right and you will send it off on Monday. This assumes that you will be prepared to issue the claim on day 15.

As I've already said, if you aren't sure then you must will give up

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8 minutes ago, Will keep up the fight said:

Yes got report from dealership and yes I paid £71.99 for the check 

which dealership are you talking about which provided you the report? This is the one the paid £71.99 p for?

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Definitely ready to do this.

Report from Nissan dealership.

Also got reports from original garage. 

This indicates how long my daughter has given them to rectify the problems.

She has no confidence in big or the car. 

I believe the AA have been in contact with big motoring world regarding this car but they have drawn a blank with them too.

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Asked the AA for copies of any report that they have put together. If they say that they aren't allowed to share them with you then send them a subject access request. It's free. Do it immediately.

Post your draft letter of claim here

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Dear Big Motoring World,

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 06/06/2023, for which I paid £6700.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its engine, along with a multitude of other defects.

During the drive home once purchased, I felt the car shuddering a little but thought it was my driving as I drove automatic car for some time before this car. I wouldn't have expected a car that I just purchased from showroom to be faulty. 

I checked the oil at this point and noticed it needed topping up I did this. Due to having a premature baby I wasn't out much in the car after purchasing it. Went out for short drive and car broke down 7th July 2023 I managed to get someone on the telephone on 8th July2023 from big motoring world and told them of my concerns. I checked previous MOT and an oil leak was noted as an advisory 3 months prior to purchasing. 

Between big motoring world big warranties and warranties 2000 I was told to get my car booked into a local garage of my choice. The car got booked in on 21st July 2023 for initial diagnostic check at National tyres and autocare Corby. It was advised that the vehicle have a renewal of all ignition coils,all spark plugs, oil sump gasket and an interim service this was declined initially. 

However 25th July the warranties 2000 gave authorisation for National to complete the repairs. As the car was in an undriveable condition the car sat on driveway. 03/08/3023 the car was booked in at National tyres Corby waiting on official clarification from warranties 2000 prior to starting repairs.  

08/09/2023 the car was taken to National tyres for the aforementioned repairs with the exception of the interim service as this was not authorised. These were carried put on 09/08/2023. 

Had to call call out recovery on 12/09/2023 car was shuddering again mechanic topped up oil and managed to stabilise car

20/09/2023 whilst driving on an A road the car started malfunctioning the car became undrivable at this point. 

I tried on numerous occasions to make contact with big motoring world and warranties 2000 via telephone and email. These were all unsuccessful until 11/10/2023 when I spoke with someone named Harry.

18/10/2023 car was recovered again back to National tyres Corby it was then stated that an auto electrician would need to look at the car. This was done via warranties 2000 but not picked up until 29th November 2023. 

The car was taken to Nissan Kettering where a full diagnostic check was completed and it showed a significant number of faults relating to this car including a whole new engine for a cost of £7478.36. It was only then big motoring world wanted to do their own diagnostic after seeing the report. 

Upon completion, their professional advice was to have the dealership should be taking responsibility for the car and the condition on which it was sold. This inspection and full diagnostic review incurred additional personal expense to me to the sum of £71.99. In addition to cost of the vehicle I am looking to recover all other cost. This includes £299 administration fees £1051 warranty fee road tax £150 car insurance £2281.68 and the diagnostic fee. This totals to a sum of £10553.67.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defective engine and substantial issues in the car have been detected within the first 30 days of ownership, I therefore am rejecting the car and requesting a full refund in accordance with my statutory rights.  Should you wish to perform your own checks on the vehicle, do not consider this to override my rights to reject the vehicle. If I should decide to resile from my rejection of the vehicle then I would put this in writing to that effect.

Therefore, I request that you provide a prompt response within 14 days, clearly outlining the process for receiving a refund.

Additionally as Big Motoring World Fengate has been in receipt of this car since 12/01/2024 I will not be accepting any responsibility for it.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

 

 

 

Edited by Will keep up the fight
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