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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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    • 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.
      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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I am currently staying with my parents and I have received a hand delivered letter from Jacobs Bailiffs. I am terrified that they will remove my parents goods to pay off my debts. What can I do as I am currently unemployed and receive only JSA each week. The letter says 24 hours notice of another visit by bailiffs.

Can they take my parents car?

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More Information

Sorry, my first post was written in some panic, so here is some more information.

 

The debt is for non-payment of Council Tax some 5 years ago. At that time I was on Disability Allowance and in a bad way.

The debt is £530 and I do not have the money. I have a car outside my parents house, but it doesnt run and the value is negligiable. Aside from that I do not have any assets, I lost everything when I lost my house about 2 years ago. I just have my clothes and a few books. Nothing of any value.

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The bailiffs will have a liability order nothing else no court order,warrant whatever they want to call it

 

There is no right of entry for the bailiffs no locksmith no arrest no nothing

Keep the bailiff out do not let them in

 

Contact the council to find out the correct amount owing as bailiffs lie and increase the price

 

you do not need to deal with the bailiffs any form of payment should go direct to the council

You will need to sort the council tax debt as it wont go away although no blood in a stone

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If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thanks for that. So what will happen to my car. I cant move it, it doesnt run, will they take it?

What about my parents goods outside the house (their car and things like furniture and mowers in the garden sheds). What about the garage? Can they go into the garage and take items?

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They can not levy goods that do not belong to the debtor

As for the car it would not cover the fees never mind the debt so could be classed as invalid if they done so

 

never pay the bailiff

if you can pay the council direct online what you can afford each week something is always better than nothing

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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When you say it could be classed as invalid is there any way that I can make sure that it is classed as invalid.

And how do I ensure that they are aware that none of the other goods belong to me? I am worried that they will just come into the garden and take my parents mower and garden furniture if there is nobody around. And if they take them, how can I get them back for my parents?

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Move the car so the bailiff doesn't see it, then get your parents to swear a Statutory Declaration to the effect that you are living with parents after becoming homeless, and all Goods and chattels in on and around the premises are theirs, there are no goods of value belonging to the named debtor at the address, get 4 notarised copies, send one to the office at jacobs, one to the council who are owed the debt, along with a covering letter offering £x per week off the arrears, and keep a couple spare, one to show the numpty from Jacobs when he comes back and clamps your parents car(s) Jacobs are great at theft and unlawful interference with third party cars.

 

Above all don't panic.

 

As a matter of interest and to help Caggers give best advice you mentioned disability. Are you disabled and suffering form a long ternm heakth issue ? If so you may come into the vulnerable category of the National Standards which render bailiff action inappropriate both Jacobs and the council should adhere to this so send proof of the disability and appraise them of the situation when sending the Stat dec.

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.

9

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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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What you need to do is contact the council you owe the money to. They need to be aware that you are on JSA and there are issues of vulnerability. Councils have to take these council tax debts back from bailiffs, if there are issues of vulnerability. They have no choice in the matter.

 

So get on the phone to the relevant council and ask to speak to someone about council tax arrears for vulnerable people. They may ask you to send in details of JSA claim and possibly a note from your GP about disability issues you have suffered from. Ask the council to contact Jacobs to put matters on hold, while this is sorted out. Once the council are satisfied that you need to make a payment arrangement with them directly, you will be asked to pay them x amount per fortnight or per month.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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How do Isign a Statutory Declaration? What is it and where do I get one. Apologies for so many questions but I am pancked about this, my parents are terrified of car being taken and I need to act quickly.

Edited by NC1963
misspelled
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Thank you everybody for your help. I have been able to make an arrangement with the council and they are going to contact the bailiffs today and " call them off".

Thank you very much for all of your advice.

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As they recalled it make sure they remove the fees as well.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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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