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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 
      • 81 replies
    • 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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Harassment warning


l1awrie
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While the Police may have acted incorrectly in this case, you would have to ask the question as to whether people living in these neighbouring properties are behaving normally. There has obviously been a problem between neighbours and the Police do not want to be involved at all. I suspect the Police Officer concerned was p*ssed off having to deal with this, as it is not their job to sort out squabbling neighbours. Taking a CCTV picture of a courier van and then contacting the courier company is just silly. If you don't want courier vans coming onto your driveway to deliver to neighbours or yourself, then put a sign up or see a Solicitor about how you deal with nuisance neighbours using your driveway.

We could do with some help from you.

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Other ways of dealing with this. Do they own their property ? If not, through land registry find out who owns the freehold and contact them about the business being run from the property. Are the council aware of the business being run from their property ? If not, perhaps the council may be able to look into this ? Is there any potential of any illegal trades being carried out from their property ? If so, perhaps an annonymous tip off through Crimestoppers. Someone I know had a problem with a neighbour, had suspicion of drugs being on their premises, so they contacted the Police annonymously via Crimestoppers. A few weeks later the Police raided the place and obviously found something, as the neighbours were taken away in a van, never to return.

We could do with some help from you.

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At some stage you will realise that it is not worth it and will just let this go. If this has been going on for years, it will be so ingrained that you will be thinking about this all the time, taking over your life. Do you really want this becoming a major part of your life ? If that happens, the selfish neighbour has won. They may eventuallly sell their house and they will move on.

 

If I were you, I would ignore the neighbour and hope that they sell their house soon. Perhaps you should also think about moving, if the situation of having this shared driveway is such a pain in the *ss.

 

I think you have a genuine complaint about the Police, as to issue the harrassment warning without looking into this, sounds to be wrong. If they apologise in writing and withdraw any harrassment warning, then that should be sufficient.

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We could do with some help from you.

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Why is this thread no longer in the main forum

 

Same place as yesterday. Legal issues folder !

We could do with some help from you.

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  • 1 month later...

This is taking over your life. Is it worth it ?

 

It is not going away. The problem is the house having a shared driveway, which proves to be a pain in the *ss. I don't think you will ever solve the problem, unless you win the lottery and buy up all of the neighbouring houses.

 

The longer this goes on with complaints and legal issues raised, the more difficult it will be to ever sell the house. So you will be stuck there forever dealing with this.

We could do with some help from you.

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As you new neighbours have just moved in wouldn't it be sensible to be nice and explain rather than go straight to a solicitor?

 

You're going to be living next to them so why sour the relationship straight away?

 

I am not sure we are looking at a rational situation. If you have read the thread, about CCTV cameras, arguments about them and the OP threatening delivery companies who park temporarily on the driveway.

 

This has been going on for years and the OP sees the neighbours as his enemies. The OP thinks he can solve the situation, by getting the rights of way clarified legally, so neighbours know the limitations of the use of his driveway. I am not sure how easy this would be and how long it would take or if it is possible. The neighbours might well refuse any change.

 

I think I would keep quiet, ask neighbours nicely not to block the driveway if it happens again and then look to move. It would be better to gain the neighbours understanding/cooperation, so that when you complete the information to buyers, you can state that the problems regarding the driveway have been resolved amicably.

We could do with some help from you.

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Try to think about things from the new neighbour's perspective. If your new neighbour does not know that the bitterness stems from your old neighbour's attempts to park on the property, then tell him!!! How will he know what you want to resolve the dispute if you don't tell him?

 

You cannot assume that the solicitors fully explained the covenants. But I think you can assume that your old neighbour has told the new neighbour bad things about you. If you don't go and talk to this new neighbour he won't know any better. If your first contact with him is a formal legal letter you will put him on the defensive and he will probably think you are a nutcase.

 

Just knock on his door and talk to him. I know it takes a bit of courage but it is worth it. Best case scenario is that you resolve the issue, worst case scenario is nothing happens.

 

Wise advice here Lawrie.

 

Perhaps take the new neighbours a bottle of wine or a bunch of flowers as a welcoming gift and you can mention the issues you had with the previous neighbours. You might just turn this around, with the new neighbour thinking that the previous owner of their house was an anti-social idiot.

We could do with some help from you.

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steampowered and unclebulgaria67 I appreciate your comments, you seem good people with warm hearts.

I would in the normal course of events be nothing but polite and cosiderate towards my neighbours.

Never have I come across people like this, I have always, before this house purchase, had really good neighbours.

I don't want to get into a conversation with somebody who is going to quote what the third neighbour has said to him or go over the past.

My letter is not couched in legal terms but invites him to write and advise me of any problems he has that does not involve a third party.

I have also quoted the covenants that he is breaching and suggested that in need he take the matter up with his solicitors.

I also suggested that he get his solicitor to explain the meaning of the clean hands doctrine.

My dad used to say never trouble trouble 'til trouble troubles you, then either walk away or fight your corner.

I have no other option but to fight my corner.

 

You are going about this in totally the wrong way, but I don't think you will appreciate anyone telling you this.

 

If I were your neighbour and I received your letter, I would ignore you. Your letter will only confirm what the previous neighbour has said about you, however it is written. If you don't like face to face contact with a new neighbour, why not send them a welcome card, in which you can mention in a light hearted way that you are glad to have a new neighbour, as the previous neighbour was a nightmare, always blocking your driveway.

We could do with some help from you.

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CCTV covers my drive and my row, doesn't cover other properties

 

Do any of your neighbours have CCTV?

 

Is there a local burglary risk or did you have it installed due to the problem with the previous neighbour ?

 

You do realise that your Home Insurance legal expenses cover won't help you beyond giving advice. Coming from an Insurance background and dealt with such situations, the Insurers usually don't want to get involved, especially as it has been going on for the last 7 years. Home Insurance legal cover is usually very basic. The staff that answer the phone calls are not all legally trained. They may have Insurance qualifications that have a legal part to them, but I doubt they have any legal qualification. The advice they provide can be pretty general and probably comes from a manual the staff have. i.e when you have a problem with a neighbour, send them a letter asking whether they have any issues with you as their neighbour.

We could do with some help from you.

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You really need to go and have a word, nip it in the bud.

 

Getting to the point that I feel like coming over and speaking too them .

 

Get the kettle on ;-)

 

I know how you feel :!: Lawrie seems to be carrying on her war with the new neighbour, which is a tad unfair. This new neighbour is probably thinking that everything they have been told by the previous owner of their house is true. If I were the new neighbour, I would appreciate being told of anything that I was doing to irritate neighbours, so I could stop doing it. If this was parking on Lawries drive, I would stop doing so. Unless you are told what the problem is how would you know. I don't think I would like a letter from a neighbour asking whether I had a problem with them. I would think this was very unfriendly.

We could do with some help from you.

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  • 6 months later...
The parking does not occur occasionally the neighbour parks permantly on the right of way.

 

I, for medical reasons do not drive at the moment, but my visitors can not park on my property.

 

Selling the house will be difficult, covenants relating to both properties state that the right of way should be left clear.

 

This neighbour has more than enough room to park on his own property.

 

Neighbour also doesn't restrict his parking to the right of way but parks on my property to when the mood takes him.

 

Get hold of some traffic cones or other notice to say no parking.

We could do with some help from you.

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