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    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
    • Please read and complete the following posting your responses back here for further advice.  
    • Thank you. I'm going to say that the photographs really don't say very much and once again it's a real shame that you didn't take lots of photographs of all the issues including the Windows and the state of the inside of the room. You can certainly bring a claim here if you want and we will help you but I'm really not sure of your chances of success. It sounds to me as if the manager you spoke to was dismissive and nothing was particularly agreed or admitted. If you want to bring a claim then I would start off by establishing a paper trail where you point out the things that were wrong and the fact that you discuss this with the duty manager who appeared to be dismissive. You could ask them then in general terms if they have any proposals to make. I think you're in weak position. I don't think you should start threatening them with legal action or anything at the moment and even if you did bring a legal action for the full amount I would probably advise you to negotiate a settlement of maybe 50% – if you're lucky – at mediation. Have you tried putting up Google reviews and reviews on trust pilot? This could also be a good way to start. I'm very sorry but when you deal with these kinds of issues then you need to collect evidence as quickly as possible. It is the first thing you always do when there is a poor hotel, a stone in your cornflakes or a motor accident. I'm afraid that you have to think this way and maybe it doesn't come naturally – but having run the consumer action group for 18 years, this is rather second nature. If you have any phone calls with them then you should read our customer services guide first and then confirm any admissions they might make in writing.
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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 
      • 81 replies
    • 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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Bladder infections


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Sitting in his own urine is not good for him but would not normally cause a bladder infection as the infection would have to track the length of the urethra (I am saying not normal not that it would be impossible)

 

There are other problems far more likely like skin problems and pressure area problems (if he is not being moved or moving himself enough)

 

Bladder infections may be a sign that he is not drinking enough - or not emptying his bladder properly - sometimes a problem in older men who have problems doing so due to enlargement of prostate.

This may also be the reason that he always seems to be wet - instead of using the toilet maybe half a dozen times a day - he cannot void his bladder and therefore it is constantly dribbling.

 

I would personally ask to speak to the matron of the nursing home and ask why he is so often wet (when there are other options such as sheaths which could carry the urine straight to a bag, although these come with their own issues)

 

In the first instance, were I in charge, (am a RN of many years experience) i would begin a fluid balance chart to monitor his fluid intake, and start a regimen of regular toileting (perhaps hourly to begin with and then increasing period to suit) and see what effect that has on a) his incontinence and b) his bladder infections.

If he appears to be having difficulty passing urine (provided his fluid intake is sufficient) then I would ask the GP to examine him.

 

My suspicion is, having done some shifts in NH, that the carers are not able to spend the time ensuring that he drinks enough, and toiletting him regularly, and that is the root of the problem.

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Sorry aviator but this is a particular soap box of mine (probably brought on by my mothers nagging to wear a jumper) but there is NO infection in the world that is caused by a chill (or any kind of cold)

 

Infection requires bacteria.

 

You CAN become more susceptible to catch an infection if your bodys natural defences are lowered by cold or other problems, but cold - in of itself is completely unable to do anything to you with regard to infections or viruses.

 

(cold can obviously kill through hypothermia but thats not an infection)

 

Right - feeling much better - rant over :D

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I spent a good many years in the NHS as a nurse - and worked at every level from junior to night manager.

 

I found that the culture in our hospitals changed so much over the last 15 years that I had had enough and now work in claims management.

 

The response to the "what do you see" poem was at the time true but is not true now - things are far worse now.

 

I could write a litany on the problems with the NHS but not all of it is as a result of lack of funding. In fact there is argument that it is better funded now than ever before.

 

It is the mentality with which the Health service is run that is at fault. You cannot run a hospital like a business and yet they try.

 

Services are sourced out to the lowest bidder with little thought for quality and yet companies bid for contracts and make millions in profit.

 

There should be no profit from the health service and while there is - millions of pounds that should be spent on patient care is being syphoned off into the private sector.

 

However it is not just the politicians that are to blame.

 

Take the nursing profession.

 

They have increased their acedemic requrements for entry and made nursing a "degree" profession.

 

This sounds like a great idea - better patient care - but is this really happeneng?

 

The answer is no. All this has achieved is to exclude many people who would have made outstanding nurses but do not have the inclination aptitude towards academia. Consequently we have a lack of UK trained nurses.

 

Also some (not all) of the nurses that we do train - feel that basic nursing care is beneath them, and that they are too highly qualified to wipe a bottom when required.

 

This has left us importing foreign nurses (and I have no beef with them) but their systems of nursing in their countries vary wildly from ours and this makes maintaining standards difficult.

 

Then we have MRSA!!!

of course if a patient contracts MRSA then it MUST be the Doctors/Nurses fault.....

 

As a bed manager in a district general hospital - if a patient came in who was known to be MRSA +ve I had to find them a side ward - even if this meant moving a patient at 3am to accommodate them (for which complaints regularly came in)

 

The problem was then - that the next day I would meet this patient in the hospital shop or canteen. We can Isolate - but we cannot imprison so therefore the MRSA was spread by the patients themselves.

 

(I do not totally vindicate hospital staff - they do have a part to play without a doubt)

 

More and more nurses are expected to fill in for Junior Doctors whose hours have now been capped - Siting IV's, giving IV Drugs, Administering drugs thought central lines - Confirming Death - all used to be the job of the junior doctors - and many nurses are now carrying on this role to take the pressure off them.

However Nurses are still expected to completel their own tasks, looking after patients, nursing cares, administering medicines, dressings, supervision and training of junior staff and HCA's (who themselves are vastly abused and without whom the NHS would have collapsed)

 

And then when the food is cold - or the ward is dirty - who is to blame, the Government who have set impossible targets? The trust who have contracted out catering and cleaning to the cheapest provider who pay peanuts to children to complete the work? no its obviously the nurses fault as he/she has nothing better to do than damp dust all day.

 

Finally the attitude of the patients has changed.

 

It used to be that patients who were grateful for what you did for them, far outweighed patients who complained.

now it is completely the other way around.

 

Too many times in A&E I would be faced with a drunk chav - who would loudly proclaim that "he was paying my wages and I had to do what he said" - when in reality it was MY taxes paying for his drunkenness via various benefits that he claimed...

 

Too often you save a life and then get complained about or even sued for the loss of a cardigan or a PJ top, or because you looked at someone in a way they didnt like - or used a politically incorrect word.

 

I trained to be a nurse because I wanted to help people, I left nursing because I needed to save myself.

 

I am not even going to mention pay.......

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