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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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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We own a property which we rent out and a Property Management company collects the Ground Rent each year and inform us in writing when it’s due. In February 2009, we informed them in writing of a change of correspondence address which they did not receive. (Unfortunately I did not keep a copy of the letter ). Though we do have a mail redirection service set up to pick up anything sent to us at the address and we also visit the property occasionally and pick up anything that has been sent to us there. We received a reminder for payment of Ground Rent in October of that year which was picked up by the mail redirection and haven’t received anything from them since either at the property itself or via the redirection facility.

 

In January we received a letter from a debt collection agency addressed to the rental address informing us they’d been instructed by the Property Management company to recover the outstanding amount of Ground Rent for the rental property and demanding something in the region of £350 for an outstanding debt of £85.

 

Now bearing in mind we’d received nothing from them re outstanding ground rent either by post, e-mail, phone or text – details of which they have, question is, can they claim they’ve made every reasonable effort to contact us about the outstanding amount before referring it to the debt collectors? I find it extremely hard to believe that entire year’s correspondence about outstanding ground rent, correctly addressed to the rental property has gone AWOL when a letter from the debt collection agency addressed to us at the rental property turns up no problem.

 

I immediately wrote to the property management company to complain asking them to send copies of the letters they have sent us and also sent them a cheque for the outstanding amount. This morning I received a reply from them basically saying they had no record of our change of address, they only send reminders by post and that it's not their fault if the letters haven't turned up and to take the matter up with the Royal Mail. They also haven't cashed the cheque for the outstanding amount.

 

What I need to know is, if we haven't received the letters, how does this affect our liability for the outstanding ground rent?

 

Are we only liable for the outstanding ground rent or do we have pay the extortionate fees to the debt collection agency?

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