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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Vet put down dog without owners consent, now chasing for money


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Hi All,

 

A friend of ours is in a huge amount of debt from her marriage, where her husband built up this debt, cheated on her and was also very abusive. Our friend had no choice but to go into a refuge with their 2yr old son.

 

Whilst in the refuge, her husband didn't give her dog the medication that it needed and it became ill. the husband took the dog to the vets in the morning, but the vet put the dog to sleep in the afternoon. The dog belonged solely to our friend, not the husband. The vet did not call our friend on her mobile phone to speak with, as the dog's owner), they were happy to speak with her estranged husband. The vets have sent our friend the bill and asked her to solely pay it as the sole vet account holder and dog owner.

 

She wants to know if they can do that? Someone takes the dog in ( who the vet knows) and destroy it without t=contacting the owner and also without checking that the vet account holder is happy to accept the charge for this treatment?

 

many thanks in advance

 

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Suggest your friend writes a letter of complaint to the senior Vet at the practice and suggests that this needs to be considered as part of the official complaints process, so it can be escalated to the relevant professional body as necessary.

 

Your friend did not authorise any treatment and therefore cannot be liable for it. Simply being the account holder at the Vets is not enough as no authorisation was provided.

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I'm no expert and what I'm about to say doesn't make sense to me, but a friend of mine took his dog (very old dog 18 yo) for a jab and was going to collect late afternoon.

Got a message on answer machine an hour later saying that they had to put the dog down because of complications.

He couldn't answer the phone and only heard the message around 5pm.

By that time they had put his dog to sleep.

He contacted a dog charity and they said that if the dog is suffering it is the vet duty to put it to sleep even without owner consent.

They can also charge a fee for this, however many do not do because they understand the heartbreak.

Again, I don't know how legal it is but the charity was independent and had no contact with the vet, so my friend took it for good.

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Every separate 'course of treatment' is a separate contract and your friend never contracted for this. She may own the dog, she may be the person who normally takes it to the vet but if the husband took it in without her authorisation then the husband became the client for that visit, not her.

 

http://www.rcvs.org.uk/advice-and-guidance/code-of-professional-conduct-for-veterinary-surgeons/supporting-guidance/communication-and-consent/

 

The first paragraph is pretty clear

Informed consent

 

11.1 Informed consent, which is an essential part of any contract, can only be given by a client who has had the opportunity to consider a range of reasonable treatment options, with associated fee estimates, and had the significance and main risks explained to them.

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