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    • Member of the Question Time audience asks Richard Tice about Donald Trump.    
    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
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      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.

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      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.

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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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Candy Washing Machine


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Hi,

 

We bought a washing machine at Comet via a charity Family Fund voucher in May 2012,

it went faulty 11 months after which The Warranty Group repaired

and have been doing every couple of months.

 

They've now said they are going to replace the washing machine for a new one (different make)

but they will not honor the remaining 3 years warranty,

it says nothing in the T&Cs.

 

Can they do this?

 

The payment of £169.00 was made for the extended warranty, which was a requirement of the Family Fund voucher.

 

Should the Warranty Group honor the remaining 3 years or part refund the Family Fund?

 

Ian

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so effectively you got stung for £169 when therewas no need to

under SOGA goods are covered for free.

 

if you've still got the documents that state you MUST take out that warranty

 

i'd be putting in a reclaim for the sum + interest @ 8%.

 

if the warranty group are supplying a new machine

 

then that to is covered free under SOGA, and they cant get out of it.

 

as they become its retailer

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the reply.

 

It was a condition of the charity that provides the Family Fund voucher not Comet.

 

Family Fund issue a voucher (store card) for a washing machine which is £500

but must include a 5year warranty (eg. washing machine £299.00 + £169.00 warranty, you don't get the change)

 

Another condition of the Family Fund voucher is that you have a disabled child - I'm not blaming Comet for this :jaw:

 

Just a bit annoyed at the Warranty Group saying they're not going to honor the remaining 3years

(I know now about the SOGA so its shouldn't be a problem).

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have a word with that charity about this

 

don't like the idea they/you are being 'short changed'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the charity has made it a condition of their help that you had to purchase the warranty - then there is nothing you can do about it - although DX is right - it is very unfair.

 

Now I understand that you are being supplied with a new machine under the warranty but the warranty supplier says that this is as far as their liability goes. Is that right?

 

That also seems very unfair but I suppose that you will have to look at the terms of the warranty to see if they covered for a three year period regardless of problems - or whether the warranty is event-based and that they provide for a single replacement machine.

Have a look and let us know.

 

Whatever, you must accept the new machine - it would be crazy not to - and if you already have certain rights, then accepting a new machine will not void those rights.

Of course the whole thing is unfair. You were covered by SOGA but of course Comet went out of business - no surprises there. They were shocking.

Even if the warranty is event based and you are no longer covered, you are still entitled to protection under SOGA and if the new machine is being provided by the warranty supplier - then they will carry the responsibility - whether they like it or not.

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