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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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      • 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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Scottish Power Bailiffs/Locksmiths warrant - broke in, bill had been paid - i was in! & asleep!! woke up to find people in my bedroom!!


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Hi welcome to CAG, who is the supplier? You might need to start a complaint with them,  initially to get a paper trail, and the reason they like Direct Debit over Standing Orders is they can unilaterally increase a DD but not a SO. You have had no communication from them as to the bailiff coming with a Locksmith and electrician to change the meter at all.  If you could tell us who the supplier is others will be along soon with further advice.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I would escalate your complaint to Scottish Power, Head as Formal Complaint, Might be worth copying your MP and OFGEN.  Others will be along soon to advise other actions you can take.  the Bailiff actually did nothing wrong they had to execute the Warrant Scottish Power obtained, on what looks like dodgy evidence that calls their systems into question. It's Scottish Power who are at fault, as their system obviously cannot deal with Standing orders, but you should have had several letters about this, so that will be part of your complaint, also they will probably have  added the costs of getting the Warrant and bailiff to your account, so check if they have.  All will form part of any complaint and coipy in OFGEM and MP.

We could do with some help from you.

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Yes DB let Scottish Power mess it up first then involve OFGEN and MP

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We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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 Good point BA If they didn't repair the lock or replace it and give you the keys, that will also be part of the Complaint.

We could do with some help from you.

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  • dx100uk changed the title to Scottish Power Bailiffs/Locksmiths warrant - broke in, bill had been paid - i was in! & asleep!! woke up to find people in my bedroom!!

They might well give you the runaround on the phone so if you can record any call, a Formal Complaint in writing by email with a hard copy in the post with a free proof of posting from a post office counter. And get that SAR off todyY, its now free under GDPR regulations.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 2 weeks later...

Thanks for getting back, £80 seems paltry for such a mess I would hold fire until more of the team have stopped by as there will be suggestions for you to consider, looking for ones that will be of benefit to you.  I thought they would add the cost of their warrant to the account, and good on you for remembering and challenging, they would have just left it there if you hadn't.  At least you now have some control over the situation and  they are on the back foot.

 

Not too sure about GDPR, but if the whole Court Application was wrong, and therefore the transfer of your data to Bailiff and locksmith was not covered as a legitimate legal purpose, due to warrant was wrongful through application and Execution there might have been a GDPR breach that would be worth about £500 to yourself.  However that is not certan, so others may have thoughts

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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