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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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Earnings Arrestment


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In short no, once an earnings arrestment has been served your employer is legaly bound to make the deductions. Council Tax is a Statutory debt and once a Summary Warrant has been granted there is really nothing that can be done.

 

I accept that this is not what you wanted to hear, but I am afraid that you are caught between a rock and a hard place.

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I don't know your full circumstances, however I would suggest that you look at the Debt Arrangement Scheme (DAS) through a free advice service as it is possible that this would solve your problem as Council Tax could be included and the arrestmentl lifted. This would not be possible in DMP and furthermore some of your money would be lost in fees. DAS has many advantages as it is set up and managed free of charge so long as you go through an organisation such as CAB, unlike DMP DAS automatically freezes interest and charges upon acceptance, it also protects you from enforcement action and protects the property if you own your home.

 

For more information go to Money Scotland.Gov

 

GOOD LUCK

 

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Yes, upon acceptance of the proposal the arrestment will be lifted, (So long as it is not conjoined) this simply means that there should not be more than one creditor sharing the proceeds of arrestment)

This will give you the opportunity to address all your debts over a reasonable period(normaly not exceeding 10 years) I would also strongly advise that you meet your ongoing Council Tax Liability to avoid further difficulties in future.

 

I would also suggest that you make a joint application with your wife / partner as Council Tax is joint and several.

 

This suggestion is based on the limited information I Have, therfore I would suggest that you visit Money Scotland. Gov and look for yoiur nearest FREE DAS agency. Depending on the number of debts and the complications of obtaining balances, the process can take a number of weeks to set up.

 

I hope this information is of assistance.

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