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    • America is a republic, (and) not a democracy - not quite there yet   Trump is a corrupt felon, not a president - yep
    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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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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PC World sales staff u gotta luv em


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purchased a new laptop from pc world last friday, paid for laptop cash and was then asked by the salesman, 'as not all of the parts on the laptop are covered under the 12 months manufacturers warranty would I like to purchase their most wonderful PC world warranty insurance' Which parts would a manufacturer like to try NOT putting under the 12 month warranty? I enquired, 'well you know things like the battery'... tell u what mr salesmen I would argue in every court in the land that I am entitled to a 12 month warranty on brand new goods and that includes every bloody part of it!!...

I''ll give you the first year free' he cries,as I head for the exit,... NUMPTY I've already got the 1st year covered under the manufacturers warranty, but no worries as he's gonna give it to me for NO CHARGE what a service!!

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Depending on the make, the battery may only be guaranteed for six months, and in some cases three. So the salesman may be right. Otherwise, it is covered for manufacturing defects occurring in the 12 months, not accidental damage which is covered in the extended warranty. So you are getting more. I don't think the battery is covered under PCP though.

 

Read the paperwork, see what isn't covered and what is, if you don't like the plan take your free year and cancel it.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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oh I agree accidental damage is a different kettle of fish, but would have that covered through my own contents insurance, though it must be a brave manufacturer not to have all parts of machine covered for standard manufacturers warranty for 12 months

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and is it?

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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ignore #5, misread #4

sorry........im a numpty

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Id say that if any of it didn't last 12 months then the words "Sale", "Goods" and "Act" would be ringing in their ears for a good few minutes after being read the riot act (well, SoGA)

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Forget about the manufacturers guarantee a minute. Batteries are classed as consumables which come under a separate agreement then the Sale of goods act.

 

There is no set 3 month, 6 month, 12 month, 6 year rules under sales of good act for batteries. There may however be a certain monthly amount stated under manufacturers guarantee's. Please remember guarantee's and SOGA are separate.

 

however there is a life expectancy on all batteries which state times such as thousand hours of use, a thousand recharges ETC. Doing some maths, lets say that the battery is only suppose to last for 1000 hours. Thats about 41 days of constant 24 hour use. If the battery states that it's life expectancy is 1000 recharges and each recharge lasts 3 hours then thats about 125 days of constant 24 hours a day use.

 

The average person uses a computer for between 15 minutes to 8 hours, so it is hard to dictate and state a official timescale for consumables.

 

Each case has to be individual and worked out properly. So please do not suggest that a consumable has a 6 year SOGA coverage or a 12 month manufacturer's guarantee as standard. This is just one products guarantee, please be careful as each manufacturer has different life expectancies and timescales.

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Forget about the manufacturers guarantee a minute. Batteries are classed as consumables which come under a separate agreement then the Sale of goods act.

 

There is no set 3 month, 6 month, 12 month, 6 year rules under sales of good act for batteries. There may however be a certain monthly amount stated under manufacturers guarantee's. Please remember guarantee's and SOGA are separate.

 

however there is a life expectancy on all batteries which state times such as thousand hours of use, a thousand recharges ETC. Doing some maths, lets say that the battery is only suppose to last for 1000 hours. Thats about 41 days of constant 24 hour use. If the battery states that it's life expectancy is 1000 recharges and each recharge lasts 3 hours then thats about 125 days of constant 24 hours a day use.

 

The average person uses a computer for between 15 minutes to 8 hours, so it is hard to dictate and state a official timescale for consumables.

 

So as a generalised guideline for people with batteries that have a 1000 recharge capacity and use it every day at work 9 to 5 then it is expected to last a year.

 

Each case has to be individual and worked out properly. So please do not suggest that a consumable has a 6 year SOGA coverage or a 12 month manufacturer's guarantee as standard. This is just one products guarantee, please be careful as each manufacturer has different life expectancies and timescales.

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What? Sorry, but that shows a complete lack of understanding of legislation. There is nothing in sale of goods act about 6 years. The 6 years comes from the Limitation Act which puts a time limit on how long one has to make a claim.

 

Sale of goods legilation merely implies terms into a contract - reasonale durability, fit for purpose as described etc.

 

no-one has suggested what you say they have suggested. You have completey mixed up teh two different aspect. Oh and on th maths - the average person uses a computer between 15 minutes and 8 hours. I think that covers just about everyone who uses a computer!

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Oh and another thing. SoGA is not an "agreement". You cant opt out of it, change it, avoid it (unless you dont actually buy anything) or in anyother circumvent it. It is there in every business to consumer contract of sale of goods.

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  • 3 weeks later...
Id say that if any of it didn't last 12 months then the words "Sale", "Goods" and "Act" would be ringing in their ears for a good few minutes after being read the riot act (well, SoGA)

 

Ha ha gyzmo. complaints retail isnt me. but i love how you insult and accuse people who have a different idea then you to be me.

 

yes im back!!

 

lets quote you, from a post you said against me from any moons ago.

 

"please do not confuse guarantees with the sale of goods act"

 

in a court of law, batteries ARE consumables.

 

ever read the packaging on the side of torches, clocks. hey ill give you a clue, its a movie..ever seen the movie. 'batteries not included'.

 

under manufacturers guarantee they ARE guaranteed for 12 months. which is great,

but in a court of law using sale of goods act you have to show proof of usage allowed, etc.

 

OK so the battery has a 12 month guarantee which as described should last 12 months. blah blah blah. so under the sale by descriptions the battery can be replaced.

 

"please do not confuse guarantees with the sale of goods act"

 

can i add that i know of people that use a computer for under 5 minutes to print out a single email. and server users, hard core gamers and hospitals that use a computer for over 8 hours.

 

so 15 minutes to 8 hours is a average user not a EVERYONE user.

 

your limited knowledge needs expansion before posting what you feel is correct

 

Oh and yes im back!!

 

one last thing to add. SOGA does not mention the 6 year rule actually in SOGA but if 6 years is the limit.. THEN ITS THE LIMIT!! get it.. its the LIMIT

 

so 6 months to 6 years is the limit. its not stated its just general knowledge and fact. if statute to limitations ever changed then so would the 6 year limit.

 

expand your knowledge and read between the lines, understand one act may affect the other. one act may limit another. and one act may help another.

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