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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
      • 160 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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Brexit, the Leavocrats


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A programme is coming up on BBC Radio 4 that sounds as if it will be genuinely informative about Brexit. It's "Brexit, The Leavocrats". In it former head of the Civil Service, Gus O'Donnell, goes behind the scenes at the Department for Exiting the EU to find out what's going on. The programme airs on Wed morning (31 Aug) at 11.00 a.m. http://www.bbc.co.uk/programmes/b07qbcb6

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To be honest it will mean nothing in reality. The UK cannot negotiate any trade deals etc until Article 50 has been triggered as that is Treaty Law

 

Can you put in a link to that law please ?

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That's not a link to the article ?

 

That is just the initials of the "Reform Treaty", the one welcher Gordon Brown promised we could have a referendum on and then refused us.

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Under the terms of the T.F.E.U a member state cannot negotiate its own seperate trade deals as all member states are equal. Similarly, individual member states cannot make trade deals with third countries on their own.

 

Because the UK will remain a full member of the EU throughout the negotiating period set out in Article 50, it could only formally sign trade deals with other countries once it has left.

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Thanks legalistic at least someone knows what a link is.

 

I see nothing whatsoever in there about it being law you cannot negotiate a trade deal:

 

Article 50

 

 

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

 

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

 

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

 

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

 

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

 

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.

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Incidentally, there was a trail of Brexit the Leavocrats on Radio 4 yesterday. Gus O'Donnell was interviewed.

He was of the opinion that we need a firm idea of what kind of entity we wish to be outside of the EU before we start negotiating.

 

He basically said that we don't yet have a clue as to what we want !

That makes sense given that Brexit was essentially an "I hate all foreigners" campaign.

 

Apologies for the way my text won't come out in paragraphs. I've tried everything.

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Theresa May is in a very difficult position of knowing that the Brexit process will prove to be very difficult and there will be many heated arguments. She has to try to keep as many people as happy as possible and at the moment she has no alternative but to say they are going ahead with Brexit to support the democratic vote. When anyone says that Parliament will attempt to block it or suggests another referendum, she has to get no.10 officials to make a statement saying it won't happen, Brexit is proceeding ahead etc. She has no choice.

 

My opinion for what it is worth, after reading a number of different articles, is that Brexit is unlikely to happen before the date of the next election in May 2020. Article 50 may not be triggered until late in 2017, if they wait for outcomes of elections in several EU country elections. It may not be triggered until 2018 or at all. Government have got quite a lot of work to do, looking at their negotiating positions on a huge number of issues. They have to understand the needs of businesses and rights of people etc. It is going to be very complex, once they get down to looking at the details. It is going to take much longer than the 2 years that article 50 initially allows. Why trigger article 50, until you have a clear position of what you want to achieve that meets all of your objectives ?

 

They might eventually get to a position, where circumstances mean that a government has to offer another referendum. No one can rule this out.

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Another cause for debate is that in my opinion another Referendum will be needed by statute. That statute being the European Union Act 2011 and the referendum lock.

 

That stipuates that any renegotiation of any new Treaties with the EU before ratification will require a referendum.

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Have a look at http://www.eureferendum.com there exit options are explored. Far more sensible than the chuntering coming out of the Westminster and Brussels bubbles.

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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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To quote Donald Rumsfelds famous press conference.

 

" Reports that say that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – the ones we don't know we don't know. And if one looks throughout the history of our country and other free countries, it is the latter category that tend to be the difficult ones "

 

I think the current Brexit position is pretty well summed up by this.

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You nailed it to a tee UB.

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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Gina Miller's legal challenge on the whole Brexit matter, which is scheduled for a hearing in mid-October, should be interesting and might go to the Supreme Court: http://uk.reuters.com/article/uk-britain-eu-legal-idUKKCN10119V I'm also wondering whether, before the referendum, the government complied with s7(1) of the European Referendum Act 2015 by supplying all the information the electorate needed in order to make its decision: http://www.legislation.gov.uk/ukpga/2015/36/section/7/enacted

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