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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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Ultra brief tenancy agreement - where do you I stand?


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Whoever wrote that lease is an idiot - but nobody ever said one had to be a neurophysicist in order to be a landlord.

 

1. It's an Assured Shorthold Tenancy (AST) - for a term of 10 months, and you have the option to renew at the end of the initial tenancy period

 

2. No idea - it doesn't say, though see 3.

 

3. Seems like the intention is for you to rent a room in the flat, though the tenancy agreement says nothing in regards to that.

 

4. The lease is missing LOTS of information - however, leases do not have a determined form, people are free to sign contracts of any content. The difficult comes when they try to enforce such leases in court.

 

5. Point 6 means if you want to change the tenancy (booking) you have to tell the LL as soon as possible. Point 7 states that you have to leave by 31st july 2015. However, this is not legally binding. If you don't leave, the LL will have to take court action to get you out. (As I said, the LL is clearly an idiot.)

 

6. You can simply agree to the lease via an email - it's no less binding than if you signed it in person with a witness.

 

I would strongly suggest you find somewhere else to live - or if you do intend to take up this lease, that you ask the LL to issue you with a proper one (he should be able to find one for free online, or at very little cost from a website or even from a solicitor). It is in yours, and the LL's, best interests to ensure that the lease is accurate - including where he will hold your deposit (he is obliged to put it in a government scheme), and to clarify whether he too expects to live in the property (which would change your agreement from an AST to a licence).

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If the LL has expressly stated that he will be staying in the property sometimes, then you do not have an AST, you have a licence.

 

It might be why the LL thinks his 'lease agreement' is adequate.

 

There must be other places to rent, rather than concerning yourself with trying to add things to this LL's tenancy agreement. He's unlikely to agree to any changes you make.

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