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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
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    • 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.
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      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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Council Tax and Bailiffs ref only - NO POSTS ALLOWED


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Ok, i thought i'd listen behind the sitting room door, to hear how he spoke and what his body language was like....

So my friend answered the door, stated that i had gone down to the council tax office and paid £100 off, he IMMEDIATLY said

"your lying, the council dont accept money once it's been passed to us, the baliffs, now let me in and we'll sort something out"

Of course, this is where i step in, his foot that was, again, between door and frame, so i promptly put abit weight behind the door with a little speed.....and he moved it, explained that's twice he's attempted to gain entry by force without a warrant, or police escort....then i stepped outside and shut the door, his whole attitude changed, aswell as his language towards me/her.... i asked what he'd feel like if i began to bully him ETC then got onto the real details....

 

I told him i'd just been down to the office and paid £100 cash to he cash desk (i did too) and he said the same as above "you didn't they can't..etc....". and grabbed his phone, "ok i'll call them" and he did, and they confirmed that i'd paid it, welll...that put him right in his place, i'd obviously called his bluff and won, now i had his tail between his legs, i told him to knock on the door all he wants, add all charges that he wants, but that i wasonly pyaing MY money to the council, and any charges he's made up....can be settled elsewhere/how.

he then asked to 'just write on my notepad' on the drawer set in the hall way, well i'd caught straight onto this "let me in ploy" and told him no before she had a chance to say ok.... he then said, look your the householder, you have to answer, she said no, and he walked away saying i'll be back wanting more money ETC.... i've again been down today and paid a further £100 to the council and had a word with the women behind the desk, gave her an outline of what my friends going through with post natal depression, lack of money and taking her down to benefits place, she said she'd consult her manager and see what she can do....

 

so now the baliffs will be coming o the door for a £250 debt.... i THINK it's cheaper for them to give this one up isit not?

 

any help again greatly appreciated as my backs starting to ache sleeping on her setee now lol

Cheers people

Geordie Aaron,

 

A total newcomer here but over the last few months I have been finding ourt a helluva lot about council tax and bailiffs actions - particularly Equita, but more of that later.

 

I strongly advise your friend to look at making a claim for an SMI, (severe mental impairment) exemption. A lot of people think to qualify for this they have to suffer long term mental impairment - not so! A letter from her GP will be required but I dont see that as a difficulty.

 

As an extra bonus to being totally exempt from council tax it is also unlawful for a bailiff to go after someone with an SMI exemption.

 

One more point, The exemption runs from when the GP states the ilness commenced, (is the baby's birth) so it will be backdated and she will get a full refund from that time.

 

Andy

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First off simply ring the council and ask, they must by law allow you to claim, (and btw whilst the claim is being investigated all recovery should be suspended).

 

To qualify for an SMI exemption the illness has to be of a type and intensity "to prevent the sufferer form carrying out a normal life" (my quotes, not law) but the principle is sound.

 

In nearly all cases a letter from the patients GP will suffice so really it comes down to persuading him/her that the illness exists.

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