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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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Negligence? nhs major mishap


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back in 2004 I was seriously ill - I was only 26 at the time so very young. I had a blood clot in my head and also had a haemmorhage (bleed) in the head. I was initially in my main Local hospital in an intensive care unit where undoubtedley they saved my life and am most grateful. I was then transferred to a specialist hospital which I shall keep nameless as i know they do a very good job. I was initially on a small ward of about 8 people, I was coherant and mobile enough to use the loo so off I went and took myself off to spend a penny which incidentally was directly opposite the nurses station by about 3 yards. Whilst attempting to negotiate my clothing to sit I felt funny and was about to have yet another fit. Have you ever seen those orange emergency cords which you pull in an emergency? well I pulled on it and guess what? It came OUT of the ceiling and I was left on the floor helpless fitting. When I came to I could hear my dad, boyfriend and a nurse outside shouting my name but I couldn't speak and my hand wouldn't move towards the door, they eventually got in and iot also transpired that the nurses had told my dad and boyfriend I was downstairs having a scan!! i'd already had the scan in fact earlier and I was helpless in the toilet whilst they sat waiting by my bed whilst I was having a scan!!unbeleivable. The nurses said we could make a complaint but we chose not to incase it compromised my level of care. I still have nightmares about this and I would dread for it to happen to my worst enemy let alone anyone else. Can i stll complain and where do I stand legally on this can anyone advise?

Thanks

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I'm not an expert on anything, but I think I can give you some advice...

you talk about complaining, but what is it that you want? If you just want to alert someone to a problem, to do with organisation or the safety of the emergency help cords, then you will have no problems if you keep sending letters to people with authority until they agree to look into the problem. (If you really wanted them to do something, and they were being really stubborn, you could threaten to, or really go to, a national newspaper with your story.)

 

If you want compensation, then you'll need to follow a different route entirely. You would need to show that the negligence of the hospital (and/or its staff) had caused you to lose out in some way. You don't mention needing extra time off work or anything because of what happened, although if you did need extra time off then you could try to make a claim. It seems that the worst aspect for you is having nightmares about the incident, in which case for compensation you would need to argue that they had caused you emotional distress, or something similar. For this I guess you would need a doctor/ psychologist's report, which stated that you had nightmares and that they affected your mental health detrimentally. If you go to your doctor stating the nightmares as a problem and asking to see a psychologist, then you might be referred, in which case a general report would be free. Otherwise, these kinds of reports can be costly, and they often only state the very minimum information. Although if you won the case, you would probably be able to claim the cost of the report back.

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thanks for that. I guess its just been so long - 2 years that I don't really feel I have a leg to stand on but I will write a letter to the authority involved to highlight the problem I encountered. many thanks for the advice!

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  • 3 months later...

Hi

 

If the incident happened 2 years ago unfortunatly the hospital does not have to listen to your complaint as the time limit for making complaints has well passed.

 

If you want to persue the hospital for compensation (which i think you should get solictors advice for this) then you have 3 years from the date of the accident or last treatment.

 

If i was you i would contact a solicitor that deals with these kinds of cases but make sure that you get one that does no win no fee.

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  • 1 year later...
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