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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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Hi everyone,

 

I'm asking this on behalf of my sister - she can't get onto the CAG website at work. She is frantic - any advice would be very greatly appreciated.

 

This is a long story but I'll try and summarise:

 

  • My sister and her other half bought a house from OH's parents 18 months ago, and her OH's parents moved out. My sis and BIL live there with their daughter, who is almost 2 years old.
  • Her OH grew up in the house - his parents lived there for over 20 years.
  • The next door neighbours have a long history of harassing her OH's family.
  • The neighbours are council tenants.
  • Past harassment includes verbal abuse (with lots of swearing, including against her OH's parents, and her OH and his siblings when they were growing up), playing very loud music at ridiculous hours of the night, and one incident where the neighbours were very drunk and tried to kick the door in. The police were called - the neighbours had gone home by this time. They denied everything. Nothing more was done.
  • The harassment caused distress to my BIL's family, but the council said it wasn't serious enough for them to step in.
  • The harassment did die down at once stage, and everyone hoped this was the end of it. This is the only reason my sis and BIL bought the house.
  • My sis and BIL try to ignore it and be polite when they see the neighbours. If someone knocks on the door with a delivery for next door, my sis will accept it and one of them will politely drop it off when the neighbours are home. They have never retaliated.
  • Last weekend the neighbours were playing very loud music, with lots of drunken shouting and screaming. At 3am this woke my niece. Considering the neighbours' behaviour when drunk, my sis and BIL were afraid to tap on the door and ask them to quieten down, so they asked the police to tap on the door. They emphasised they were not making a formal complaint, they just wanted a bit of peace and quiet.
  • The neighbours have now retaliated - they've called the dog warden claiming the dogs are left alone constantly and bark all day (not true), the garden is like a rubbish tip (not true) and they also called child protection and said my sis and BIL neglect and abuse my niece (obviously NOT TRUE).
  • The dog warden came round - when my BIL explained that he works nights and my sis works days, so there is always someone with the dogs (unless they pop out shopping for a couple of hours), he seemed satisfied and left.
  • Child protection visited to inspect the house - they left after saying there are no problems, my niece is well cared for. They are satisfied the allegations are false and were made maliciously.

 

My sis and BIL are extremely upset - as are all of our families. If these people will do something as serious as make formal accusations of child neglect and abuse, what else might they do? They obviously don't like the dogs - would they throw some poisoned meat over the fence? Will they start screaming abuse at my little niece, like they used to do to BIL and his sisters when they were little? They can't relax in their own home and are terrified for the future. I don't like to imagine how low the neighbours might go, when they see nothing wrong with attempting to get their child taken away by social services. :-x

 

My sis and BIL want to write a formal letter of complaint to the council but have no idea of the procedure, or how it should be worded. Do local authorities evict tenants who are harassing their neighbours? Is there a formal investigation procedure they have to adhere to?

 

Is there anyone here who may be able to help with this?

 

Any advice would be much appreciated.

 

EDITED TO ADD: And they've just had a 3rd official visit - BIL rang my sis to say someone from Environmental Health turned up to inspect the garden an hour ago. The Environmental Health inspector said there is no problem with the front or back garden, he cannot see how anyone could think there was a problem and said he's baffled as to why he was sent out. The gardens are fine.

Edited by PennyP123
To add up-to-date information.
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Hi everyone,

 

I'm asking this on behalf of my sister - she can't get onto the CAG website at work. She is frantic - any advice would be very greatly appreciated.

 

This is a long story but I'll try and summarise:

 

  • My sister and her other half bought a house from OH's parents 18 months ago, and her OH's parents moved out. My sis and BIL live there with their daughter, who is almost 2 years old.
  • Her OH grew up in the house - his parents lived there for over 20 years.
  • The next door neighbours have a long history of harassing her OH's family.
  • The neighbours are council tenants.
  • Past harassment includes verbal abuse (with lots of swearing, including against her OH's parents, and her OH and his siblings when they were growing up), playing very loud music at ridiculous hours of the night, and one incident where the neighbours were very drunk and tried to kick the door in. The police were called - the neighbours had gone home by this time. They denied everything. Nothing more was done.
  • The harassment caused distress to my BIL's family, but the council said it wasn't serious enough for them to step in.
  • The harassment did die down at once stage, and everyone hoped this was the end of it. This is the only reason my sis and BIL bought the house.
  • My sis and BIL try to ignore it and be polite when they see the neighbours. If someone knocks on the door with a delivery for next door, my sis will accept it and one of them will politely drop it off when the neighbours are home. They have never retaliated.
  • Last weekend the neighbours were playing very loud music, with lots of drunken shouting and screaming. At 3am this woke my niece. Considering the neighbours' behaviour when drunk, my sis and BIL were afraid to tap on the door and ask them to quieten down, so they asked the police to tap on the door. They emphasised they were not making a formal complaint, they just wanted a bit of peace and quiet.
  • The neighbours have now retaliated - they've called the dog warden claiming the dogs are left alone constantly and bark all day (not true), the garden is like a rubbish tip (not true) and they also called child protection and said my sis and BIL neglect and abuse my niece (obviously NOT TRUE).
  • The dog warden came round - when my BIL explained that he works nights and my sis works days, so there is always someone with the dogs (unless they pop out shopping for a couple of hours), he seemed satisfied and left.
  • Child protection visited to inspect the house - they left after saying there are no problems, my niece is well cared for. They are satisfied the allegations are false and were made maliciously.

 

My sis and BIL are extremely upset - as are all of our families. If these people will do something as serious as make formal accusations of child neglect and abuse, what else might they do? They obviously don't like the dogs - would they throw some poisoned meat over the fence? Will they start screaming abuse at my little niece, like they used to do to BIL and his sisters when they were little? They can't relax in their own home and are terrified for the future. I don't like to imagine how low the neighbours might go, when they see nothing wrong with attempting to get their child taken away by social services. :-x

 

My sis and BIL want to write a formal letter of complaint to the council but have no idea of the procedure, or how it should be worded. Do local authorities evict tenants who are harassing their neighbours? Is there a formal investigation procedure they have to adhere to?

 

Is there anyone here who may be able to help with this?

 

Any advice would be much appreciated.

 

EDITED TO ADD: And they've just had a 3rd official visit - BIL rang my sis to say someone from Environmental Health turned up to inspect the garden an hour ago. The Environmental Health inspector said there is no problem with the front or back garden, he cannot see how anyone could think there was a problem and said he's baffled as to why he was sent out. The gardens are fine.

 

The agencies visiting won't reveal who complained.

 

They will, however:

a) supply you, on request, with notes regarding the visit, and their assessment,

b) have their internal notes regarding the 'case' which will list the circumstances of how the complaint was raised.

 

I'd write to each agency, asking for a letter documenting their findings and the fact they found no case to answer.

Ask them to keep their notes regarding the complaints as you feel this us part of an orchestrated campaign of harassment.

 

If things "blow over", fine.

If they escalate to the point you need to go to the police or take out an injunction : they'll have the notes which may show a pattern of behaviour likely to cause alarm, or distress : the definition of harassment from:

 

http://www.legislation.gov.uk/ukpga/1997/40/section/7

 

(2)References to harassing a person include alarming the person or causing the person distress.

(3)A “course of conduct” must involve conduct on at least two occasions.

 

At least all three agencies were "from the council", so the notes of the complainant (if not anonymous) should be available within the council!

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  • 4 weeks later...

Most councils have some form of commumity officer who with the police /community wardens etc will deal with anti social behaviour which cause alarm harrassment or distress. The council is responsible for the behaviour of its tennants and while none of these agencies want to get into a tit for tat issue they will act they often can provide you with a diary which you keep details of the incidents in and community wardens etc can act as witnesses on you behalf in certain circumstances. Have a look on thier web site try community safety and also under housing. In my authority we had a dedicated department working with Enforcement officers ( I was One) community wardens housing and police to deal with this the atmosphere has changed and most authorities are very proactive.

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