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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
      • 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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Advice needed regarding Eviction

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I've been living in a Housing Association property for the last 3 years.

I've had problems with Anti Social Behaviour in 2022 which were reported several times but were not dealt with.

Also, no matter whether its winter or summer the whole place gets infested with mould, in over 20 years of renting, ive never seen anything like it.

I've cleaned it off so many times and used all sorts of things on the walls and repainted more times than I can count, this place has also become rusty. Its impacted my health whilst I have been here and again it wasn't resolved.

The Housing Association have form for not dealing with people's mould and damp issues.

Recently I received a hand delivered letter from the Housing Association giving me a Notice To Quit and 4 weeks to leave.

Apparently the reason for this is that they've done an investigation and suspect that this isnt my main residence, this isn't correct, I have witnesses to prove this and my Daughter stays here regularly.

I'm not challenging the notice because in a way they've done me a favour by evicting me, as its affected my health living here.

Can I leave when the notice ends? I feel I can't stay here any longer, and also I don't want the costs from a Possession Order being thrown on me.

I am pretty baffled by the Housing Associations actions though.

I am trying to secure private rented accommodation but this is proving tough.

Thanks for reading.

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If you have written witness statements about living there then get those sent off to the housing association? You may be able to stop the eviction there and then if you can prove they're wrong (unlikely though).

Generally a landlord is responsible for court costs for eviction and not the tenant unless the tenant has acted unreasonably. I don't imagine you've acted unreasonably so I can't see a judge awarding a possession order with costs. 

When does the 4 weeks expire? You legally have a right to remain in this property until midnight of that date, so yes you can stay until the end of the notice. 

I would highly recommend you remain the property until this date at the very least.

If you haven't found somewhere to live don't worry about it too much, just stay after the date. Just make sure you keep paying the rent on your normal dates so that you don't run in to arrears.

They'd need to go to court and you'd have a right to defend yourself anyway. If you leave before the date of the hearing, then the housing association will just have to eat the costs. They can't take this out of your deposit.

Get on to the council and see if they have anywhere as emergency accommodation as well, they have a legal obligation to help you find accommodation. You'll be bumped up the list if your daughter is still a minor as they'll need to make sure she has accommodation.


We could do with some help from you.



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Posted (edited)

Thanks for your reply, I have another 3 weeks before the notice ends.

I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs.

There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it.

I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back.

My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.




Edited by lolerz
Please see edits in red.
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Please see my comments on your post in red

We could do with some help from you.



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

If you want advice on your Topic please PM me a link to your thread

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Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go.

Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order.

As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise.

From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them.

You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:


Dear Sir/Madam


Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024

I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024.

I find the above actions absolutely disgraceful action by the Housing Association.

1. Why have I never been informed nor asked about this matter by my Housing Officer.

2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter.

3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court.

I now require the following:

1. Copy of your Complaints Policy (not the leaflet)

2. Copy of your Customer Care Charter (not the leaflet)

3. Copies of your Investigation into this not being my main residence. 


As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc.

The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO). 



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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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