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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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Formula for assessing Care Home Funding


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I don't really think this is anything to do with the NHS but this seems to be where the Care Home funding issues are. I am sorry this is long-winded but am hoping it saves you having to ask questions.

 

My mother has been cared for at home for many years by me and by carers. She is 98 and has been diagnosed with Alzheimer's for seven years. It is not getting any better as you may guess.

 

After one fall of many caused a broken ankle last year she ended up first in our local hospital, then in a Rehabilitation Unit, then in an interim stay in a care home for assessment and re-enabling and finally in a permanent care home.

 

To transfer her from the Rehab Unit to the Interim Care Home she was assessed and found not to have the mental capacity to make that decision and she was, after a Best Interest meeting moved very quickly to the interim home. We went through the same process when discussing her care after leaving the Interim Home, Mental Capacity Assessment where it was found she would not be able to decide in her own best interest and Best Interest meeting where it was decided she needed full-time permanent care as the LA would not be able to put in enough care at home.

 

At this time I explained that although mum owned a bungalow she had an equity release mortgage, taken out before my father died 15 years ago. I took on PoA about eight years ago. Mum has been assessed for the payment for the Interim Care Home stay which I understand and will pay (when an invoice finally arrives) and for the first 12 weeks in the Permanent Care Home again, I understand the formula they are using and will pay it when billed.

 

They could not find a home that could meet mum's needs for the rate the LA chooses to pay but the room she is in is at what the home calls Local Authority Rate. She has been assessed as needing to pay the full amount once the 12 weeks are passed. I have been asked as PoA to sign a form requesting a Deferred Payment Loan against the future capital from the bungalow. According to the formula in the "What is the Deferred Payments Scheme" paper they sent me they would calculate Mum to be in negative equity once the bungalow is sold. They are still asking me to sign but I am not a solicitor nor do I have any knowledge of the Care system other than what I have gleaned on the way. I think they will give mum/me this loan but it feels very unsafe to take it out. I feel we could end up with a debt we cannot pay if the house sells for what has been estimated as the value or less - especially with March and Brexit, etc. I have asked for a reassessment of what mum has to pay after the 12 weeks as the figures have been updated since the original assessment which was really a best guess at what the bungalow would sell for. At best she will only be able to fund a few weeks and I really could not have made it clearer that this was the situation from the outset.

 

How can they charge her when their own figures suggest negative equity. I am quite prepared to pay whatever the law says she should but I feel very out of my depth with this.

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Hi.

 

I'm so sorry that you're faced with this as well as worrying about your Mum. 98 is an amazing age but brings its own problems of course.

 

This is beyond my personal experience but I'll flag your thread for the site team in case anyone can add some input.

 

Hugs, HB

Illegitimi non carborundum

 

 

 

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Hi.

 

I'm so sorry that you're faced with this as well as worrying about your Mum. 98 is an amazing age but brings its own problems of course.

 

This is beyond my personal experience but I'll flag your thread for the site team in case anyone can add some input.

 

Hugs, HB

 

 

Thank you so much.

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