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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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Banks and Benefits


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I am assisting with this one

X's only income is incap benefit paid directly to their bank, Bank, is taking most of this in repayments of charges, add on charges etc etc.

 

Am I correct in assuming that the Right of Appropriation under the Social Security Act is fully lawful and the Bank must comply with a proper request letter ( I have seen the template) and can be reported to the DSS for failing to comply?

 

2nd, but related question, re Working tax credit, I presume this is calculated on earnings April 2008-April 2009 how does one go about it when wages have reduced in this year (ie from Jan 09) due to cut backs reduction of hours etc? as this year will be approx 25 % lower gross than last

 

Many thanks

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Theres no real clarity-besides the social security act on which there was thought to be reliance only covers certain benefits.

 

 

Basically its hit and miss- but nothing to lose by trying.

Often the banks have observed it simply because they are unsure if there is a legal requirement.

 

The FRoA needed to be made in writing to the bank before the events (it was not for backdating requests etc).

 

I would suggest that your X opens a new account with a bank not connected with their present one and take controle of their money again then start the process of reclaiming the charges back fromtheir present bank

 

 

Re working tax credits when our income changed dramatically during the last year (OH losing his job) I phoned the tax credits office and our award was altered mid year to accommodate the reduced income

 

 

Hope this helps

 

saint

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Thank you for that

 

I have recommended as you advise opening a parachute account for benefits payments, or requesting a giro and let the originalBank do their words in the fullness of time !

 

As regards WTC, last year I was earning too much to get anything and that was fair enough, but with the recession hours have been cut etc etc and income is less. I have just spoken to WTC and they have advised returning the renewal form, which will be based on last years income, this will be rejected and then telephone and advise lower wages etc which should result n something, even if its the free prescriptions thing !

 

Thank you again

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