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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
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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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Advice for USA


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Hi all,

 

2004, I received a community service order for a criminal offence, at the time of issue, I had a pre booked holiday to the USA.

 

Following my punishment, I applied and attended the US Embassy in London and was granted a 10 year visa.

 

Last time I visited the US was 2010 when my visa was still active, I've renewed my passport since then, so, do I have to reapply for another visa?

 

I'd like to revisit the US, however, given how strict immigration are on arrival, would I need to reapply for another visa, or would I be OK on my current one?

 

From previous experience, it's time consuming and expensive applying for a visa to the US, if I have to go through this process again, so be it, just curious whether I have to reapply for another visa.

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If you were granted a 10 year visa in 2004, it is no longer valid.

As you have had a criminal conviction, you can no longer rely on a visa waiver.

The only way to be sure of entry is to apply for a visa.

If you try to use the visa waiver programme to enter without a visa you risk being refused entry.

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One thing has been bugging me on this. A community punishment order will have become spent under the rehabilitation of offenders act

 

So technically he can put no as to any previous convictions being that conviction is spent under UK Law

 

Not saying this is correct but an interesting question as the yanks do not have access to the CRB in the UK to confirm any previous convictions

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One thing has been bugging me on this. A community punishment order will have become spent under the rehabilitation of offenders act

 

So technically he can put no as to any previous convictions being that conviction is spent under UK Law

 

Not saying this is correct but an interesting question as the yanks do not have access to the CRB in the UK to confirm any previous convictions

 

America do not have a rehabilitation of offenders act, Convictions never become spent as far as they are concened

 

They have their "moral turpitude"

 

 

https://en.wikipedia.org/wiki/Moral_turpitude

 

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

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apply for the waiver if you want. The USA screening process only checks major crimes. Although since you applied for a visa previously, it will be on record. It would be a very good idea to check with the embassy though. You may be granted the visa without the embassy, get on the plane, travel to the USA

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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America do not have a rehabilitation of offenders act, Convictions never become spent as far as they are concened

 

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

 

Correct. Rehab of Offenders applies to how employers in the UK can act, not how the individual can act towards governments outside the UK.

Also, what of an eDBS : in some situations ‘spent’ doesn’t apply in the UK.

 

 

apply for the waiver if you want. The USA screening process only checks major crimes. Although since you applied for a visa previously, it will be on record. It would be a very good idea to check with the embassy though. You may be granted the visa without the embassy, get on the plane, travel to the USA

 

Travel under the VWP and the entry clearance officer can refuse you, for whatever reason, no appeal.

What if their system has recorded “visa granted after declaring minor conviction”, and then the OP tries to use the VWP......

Entry officer refuses entry not due to a minor past indiscretion but the current more major issue of making a false declaration (that they have no convictions). No appeal, next flight home.

 

If the OP gets a visa having declared the past conviction, why would the entry officer say ‘No’?. Even if they did (& they still get ‘final say’ at point of entry), it isn’t absolutely “final”......

If it did happen, the refused then has right of appeal to an immigration judge, which they don’t have if they don’t have a visa.

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I was talking about visa waiver. The officer does have the final say.

 

With a full visa the embassy overrules the officer

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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With a full visa the embassy overrules the officer

 

It doesn’t. The officer at the border has the final say AT THAT TIME.

The embassy doesn’t overrule the officer, who can refuse on a number of grounds, one of which is if they decide the visa was applied for using false or inaccurate information.

However, because this then constitutes cancelling of the visa at the border there is the right of appeal to an immigration court.

 

If travelling on a tourist visa the border officer can refuse entry without cancelling the visa (again the embassy doesn’t overrule the officer!).

This could occur, for example, if the border officer decided the visitor had inadequate funds to be visiting as a genuine tourist (so that the low level of funds indicated the visitor intended or would have to work in the USA, work not being permitted on a tourist visa).

 

Since the embassy doesn’t make any assessment of the funding AT TIME OF ENTRY, how can they overrule the border officer on that day?

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