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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.  

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      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.

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      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.
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      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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Care act advice


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I'll try and keep this to bare facts, given that if I try and explain it fully I will struggle.

 

I have multiple medical conditions, mix of mental and physical.

I have suffered some problems in the local area - threats, thefts, vandalism etc

My health has deteriorated to the point I don't go out, or have contact with people, ever.

 

I want to move, new start, somewhere else - to a different area completely.

Medical professionals agree that a move is good and support it.

I can't join housing lists, afford to buy or even travel alone to look at private rental.

If I did even attempt private rent, I may not be able to look after the property properly.

There is no mechanism for me to join, transfer or swap to a different area (aside from mutual exchange, which isn't getting anywhere)

 

Went to council for advice, given some help and social worker.

Council attitude goes from "yes we will help" to "it's not our problem" in the space of a week

Their reason is that because I don't want to stay in this area, they don't have to do anything.

Council refuses to even make a referral to the one housing association I could register with (it provides supported/sheltered accommodation but requires a social worker referral).

 

I can provide more details if necessary!

 

My question is twofold.

 

I know the care act says the council are supposed to take into account housing and preventing deterioration. How far does that apply? Especially given that I have medical support for moving. Can they really just leave me here until I don't know what happens?

 

Secondly, is there a housing option I have missed? I have tried CAB, SHELTER, MIND, MPs, councils, housing associations and everyone else I can think of. I can't afford to buy even a shared ownership or attempt the HOLD scheme.

 

I'm so far past the end of my tether in this situation I can't even see it behind me :|

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Have a look at s41 and s42 of the Care Act 2014

 

 

S41 states :- 41 Financial adjustments between local authorities

 

(1)This section applies where—

(a)a local authority has been meeting an adult’s needs for care and support, but

(b)it transpires (whether following the determination of a dispute under section 40 or otherwise) that the adult was, for some or all of the time that the authority has been meeting the adult’s needs, ordinarily resident in the area of another local authority.

 

(2)This section also applies where—

(a)a local authority has been meeting a carer’s needs for support, but

(b)it transpires (whether following the determination of a dispute under section 40 or otherwise) that the adult needing care was, for some or all of the time that the authority has been meeting the carer’s needs, ordinarily resident in the area of another local authority.

 

(3)The local authority concerned may recover from the other local authority the amount of any payments it made towards meeting the needs in question at a time when the other local authority was instead liable to meet them under section 18 or 20(1) (as the case may be).

 

(4)Subsection (3) does not apply to payments which are the subject of a deferred payment agreement entered into by the local authority in question, unless it agrees with the other local authority to assign its rights and obligations under the deferred payment agreement to that other authority.

 

(5)Any period during which a local authority was meeting the needs in question under section 19 or 20(6) is to be disregarded for the purposes of this section.

 

 

 

 

s42 states

 

42 Enquiry by local authority

 

(1)This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there)—

(a)has needs for care and support (whether or not the authority is meeting any of those needs),

(b)is experiencing, or is at risk of, abuse or neglect, and

©as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

 

(2)The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult’s case (whether under this Part or otherwise) and, if so, what and by whom.

 

(3)“Abuse” includes financial abuse; and for that purpose “financial abuse” includes—

(a)having money or other property stolen,

(b)being defrauded,

©being put under pressure in relation to money or other property, and

(d)having money or other property misused.

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