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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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philips debt recovery bailiffs - re tv licence fine


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My girlfreind recently received a letter from philips debt recoery agents

stating that the county court had given them a debt of £600 + £100 cost,s

and that she had to pay in full within some many days

 

 

she manged to get them to aceppt £31 a week + £2 charge when paid at the post office

for some reason or another the fine was for non payment of televison lisence

 

 

she paid two payment,s of £33 then missed two weeks due to our arrival of our 4 child 11weeks early as she had to stay in hospital with young one and i had to look after the other three

 

 

it was not paid for two weeks as we had some much going on as u can imagine

 

 

she paid it again £33 and rang them up to expalin that it was a honest mistake that it was missed twice

she tried in vain to get them to except any further payments

 

 

they now say that the have passed it to a bailiff

and the would be attendin the property with a locksmith to remove goods to the value of £695

so the bill had not even come down the £90 odd pound we had already paid

with grate diffuclty it had gone up some how due to missin two payments

 

 

now she is so scared of them turnin up it is makinher ill

i honstly think she will end up with some sort of deppersion

if i cant sort this for her

 

 

ive contacted the local c,a,b but cant get a appoinment till the 22nd

so plz if any one has any ideas id be very gratful thanks

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Ring your local county court to ask if they have a form to vary a CCJ. Then pop along there ASAP, fill it in and send it recorded delivery. Put a covering letter explaining your circumstances with the form and also contact your MP who may be able to intervene and help at short notice.

 

In adition to the above...

 

The form will have a section to fill in I &E details and you may have to pay a fee but certain people are exempt so ask at the court for the exemption fee. This all them needs to be sent to the original issuing court. If you don't have the full postal address your local court will have it, just ask. Send it by SPECIAL DELIVERY and mark it urgent.

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You could apply to the court for a 'variation order' because of your change of circumstances. If you ring your local court offices they'll be able to give you the info you need & cost (I think it's £35 but if you're on certain benefits it can be waived).

 

See; N245 Court Service Application Form

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ok ive rang the court that delt with the fine

and they say that its out of there hands nothing they can do after its passed to philps

 

 

alos she said that she would but our details on philips computer system staitin our circumstances

and that we would like to resume payments and

 

 

i have to ring philips in a hour and a half to see if they will accept that

but other than that she said theres nothing she can do :(

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My girlfreind recently recived a letter from philips debt recoery agents staytin that the county court had given them a debt of £600 + £100 cost,s and that she had to pay in full within some many days she manged to get them to aceppt £31 a week + £2 charge when pain a the post office for some reason or another the fine was for non payment of televison lisence so any way she paid two payment,s of £33 then missed two weeks due to our arrival of our 4 child 11weeks early as she had to stay in hospital with young one and i had to look after the other three it was not paid for two weeks as we had some much going on as u can imagine any way she paid it again £33 and rang them up to expalin that it was a honest mistake that it was missed twice she tryd in vain to get them to except anyfurther payments they now say that the have passed it to a bailiff and the would be attendin the property with a locksmith to remove goods to the value of £695 so the bill had not even come down the £90 odd pound we had already paid with grate diffuclty it had gone up some how due to missin two payments so now she is so scared of them turnin up it is makinher ill i honstly think she will end up with some sort of deppersion if i cant sort this for her ive contacted the local c,a,b but cant get a appoinment till the 22nd so plz if any one has any ideas id be very gratful thanks

 

 

 

re the locksnmith thing:

 

I would ring the police immediately stating that you have children in the house and that Philips are threatening to break in

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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csb also said that it is very rare that they do but csb have delt with them alot and normaly not open to negoition and weve been put on a list if some one cancels a app well get a ring so we can go down the office as the early,st app was the 22nd i wish i just had the money to pay them off we could quite do without this at the moment

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televison lisence fine £600 + £175 charges

no they have nt been in before

and no i havent singed nothing

 

If they cannot get in, then they cannot take your goods.

 

The rule of thumb with bailiff companies

 

You cannot be sent to prision for not co-operating with a bailiff. You do not have to let them into your house.

 

A bailiff must not threaten you illegally, force entry to your home or use offensive language. If you are concerned about a bailiff's behaviour, you can complain either to the creditor or to the court that sent them.

 

The bailiff can call at your house at any reasonable time to seize goods, but you do not have to let them in.

 

The bailiff cannot enter your house by force, but they can legally enter your property through open windows or unlocked doors, so make sure all your doors and windows are locked or closed!

 

Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods.

 

When seizing goods the bailiff must leave the premises safe.

 

When in your house the bailiff has the right of access to all rooms and can force their way into other parts of the property.

 

A bailiff acting on a County Court Judgment cannot seize clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs.

 

Generally, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business. However, a bailiff acting for Poll Tax, Council Tax, VAT and Tax may be able to do so.

 

No bailiff can seize goods belonging to anyone other than the person named on the distress warrant.

 

A bailiff cannot seize goods subject to a hire purchase or rental agreement

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