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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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Urgent Help Needed Now Baliff At Door


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Hi Is Anyone Awake And Can Give Me Advice My Husband Has Got A Baliff Here From Log Book Loans And He Wants To Take Car , Said He Doesnt Have A Court Order And That He Doesnt Need One Help Please Anyone

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Hi cococo - probably too late, sorry. - This man is not a bailiff - he's a recovery agent. He has no more rights or powers than you or I.

 

If he hasn't taken the car already - Is it possible that you can get enough money together to stave him off for a while and get the account sent back to Logbook Loans?

 

If he has taken the car, he should have given you a figure that you can pay to get the car back. If the car is worth more than this figure, then try and pay it. If not - Let it go.

 

They will sell the car in 10 days at auction - and be charging you storage. So if you can/want to pay up, do it asap to minimise charges.

 

After that, you probably need to look at reclaiming charges etc, but that's a fight for another day.

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First of all , is this too late ?

 

Ask the person is a baliff and ask him to show you a certification and ID.

 

(It is an offence for a person to act as a bailiff without certfication from the county court, Law of Distress Amendment Act 1888, s7.")

 

If he is not a baliff , he must have a document to say that he has the right to take your goods , and this must be properly executed. If he does not, he can go away - end of story.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks for the posts guys , the guy has took the car we gave him key because he said if we didnt he would call the recovery truck to come and get it which they will charge us more for.

This guy didnt show any id or proof that he could take the car , it was quite intimadating they knocked at door at 5.55am woke my husband , and 2 small children and myself they said they will give us half an hour to empty car the had the car surrounded by 2 vans so we couldnt drive away and they stood and watched my husband empty car . it was quite a frightening experience , we will certainly learn from this whole ordeal not to borrow money from SHARKS which people like this are . They have no feelings at all to peoples situations.

Sorry for rant but im so angry ,but dont suppose i can do much about it now.

Thanks guys

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sorry to hear all this coco, you should have called the police to forcibly remove these people. They did not have the right to remove the goods at all. They also called upon you at an unsocial hour.

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Is there anything coco can do after the fact re the rules and regs mentioned? I hate the idea of people getting away with this sort of behaviour.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Right now that my husbands car has gone , logbook loans have the logbook i cant afford to pay the outstanding balance of £1991.50 to get car back , so husbands is still registered keeper but without the car we want to know what happens now because technically he is still the owner do we need to notify DVLA or anything in case car gets caught speeding or anything like that .

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under the Administration of Justice Act 1970 it is an offence for someone to harras another in relation to a debt claimed. It is also an offence for him to falsely represent himself as someone in an official capacity or to show documents claiming the same.

 

It is difficult to say, within the meaning of the Act, whether or not you have been threatened or coerced or intimidated. Contact ConsumerDirect whol will look into this in more detail. As it is a criminal offence, Trading Standards should also become involved if necessary. It may be worth as said before to contact the police.

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  • 3 weeks later...

cocococo, I have just managed to claim back over £1600 from Log Book Loans! Last year they tried to take the car away twice because of the arrears on my account due to late payment charges. The first time they were succesful and took the car to an auction pound but my Dad bailed us out by paying the costs the next day and we had to travel 30 miles by train to get it back! The next time they tried they weren't so lucky, I had read up on Log Book Loans on this forum so I read them the riot act! But LBL still charged me for the visit.

I took them to court, they failed to reply, so I was given judgment on the 10th May. A cheque was delivered by hand this morning for the whole amount!

If you need any advice, pm me.

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well done charlotte they are a bunch of t***s , i would love advice off you but i honestly dont know if i will get any where they have already took car it was at auction 2 weeks ago dont even know if it sold , if it did dont know how much and I couldnt afford what they wanted at the time to pay £2000 to keep car , so dont really think i can put up a fight or can i ?

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Hi charlotte, when they came round 2nd time to take your car, what did you say to them to make them go away empty handed, we are only selling our car to get these sharks off our back , because if they take it we will be left with hardly anything after their charges but if there is a chance we can keep it , that would be great.

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Hi Mariette

Basically, I told them that I wanted to see a court order. I told them that I knew they were not baillifs and they had no right to take the car. We had paid all of our loan back, they were told to take the car back just on the arrears of the late payment charges and repo charge from the first time. I hope you can get your problemw ith them sorted then take them to court for the money they've charged you!

Good luck!

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