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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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If a Vehicle has been seized by bailiffs....what you shouldn't do !!!


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BA case number 1

 

If there is a receipt for the payment of the vehicle, made by some one else ( not the debtor )

Why would the owner of the vehicle, have to prove if they taxed and insured the said vehicle.

The proof of payment should be enough.

the keeper of the vehicle is responsible, for tax and insurance.

so surely a receipt should be enough.

 

And if a receipt can be produced as proof of ownership

why should it have to go through the courts to accept who the rightful owner is,

The receipt should be enough proof

 

Seems to me that it has been swayed to much in the the favour of the EA.

If the proof of payment had been presented to the EA, and the took the vehicle away.

It should be reported to the police as a theft?

 

Leakie

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So what if that is the case a receipt can not be proof in any legal case

so what is the point of a receipt. in legal terms

The police accept this as proof of payment and ownership.

 

So the Ea should accept this as well

 

Can not be the case one or the other in law not both

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Thanks Grumpy for your reply,

I know the police would not always just accept a receipt.

 

Just to give an example

Family struggling financially, The old car becomes beyond economical repair,

They need a transport, for getting to work etc

 

Parents buy the car from a dealer, but let them use it, until they get back on there feet.

 

So the debtor has transport, but they must tax and insure

how would that work out.

 

What I am trying to say it is not always black and white.

 

Can you give your view on this Grumpy as you are an EA

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Thank you for that Grumpy

 

I understand what you are saying,

Good to get an opinion from an expert on the ground, as such

 

Shame most EA's are not the same as you and HESO

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I did not realise that for council Tax they can not check the registered owner,

So a receipt should be acceptable as proof of ownership, as long as it is not obvious it has been made to evade the debt.

well if that is the case the reg need to be changed,

It is becoming obvious to me that there needs to be checks before a levy is made

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