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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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Interview under caution


MARCMIWURDZ
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Hi. Can any one help or advise me about this.

I have been for interview today and they claim that i am living with someone and i'm not. The situation is i have a very close female friend who has not had a permanent address for several years and has been using my address as a mail drop.

She stays over sometimes three or four times a week and sometimes not at all.

I could tell they diddnt believe me and i am extremely worried.

She works full time and has struggled for years to get out of debt. She has finaly managed this and the week before i recieved my letter for interview she got her own place. The benefit investigator said that was a conveinient coincidence. But they can check that the deposit was paid for the house a week before i knew about my interview.

If they dont believe me and i am charged with defrauding the benefits system could she also be in trouble and lose her job.

I was also coming off my benefits within the next three weeks to go and live with her. If she loses her job after about thirty years service it means we will both be on benefits and no-one wins.

Any help or advice greatly apprediated

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You might find it hard to prove otherwise. The problem is your address used for her mail. Her staying over regulary(they could have observed her)

 

The fact you are also planning to become a couple shows that there is some relationship there

 

She would need to provide proof that she has been living elsewhere for some time, utility bills in her name, bank registered to her address.

 

It is a definate no no if you want to protect yourself as a single person on benefits, that even as a favor you should not entwine your address with others who could be seen as living with you. They only need to show a liklihood that you were living together.

 

If neighbours were asked do you think they wouls say she lives there?

 

It used to be asumed that there was a three night rule, as in as long as did not exceed that amount you were okay, but this never existed, you have said sometimes she stayed over for four nights. Also did you go food shopping together, did she eat at your home?

 

Proabably a good idea to get a solicitor who specialises in benefit law and get together as much proof as you can that the person lives elsewhere.

 

If you cannot prove lives elsewhere to be fair it has to be said it looks bleak and they would in all likelihood be asking for all the monies back too.

 

Others will post when can xx

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Thankyou for your time.

This is absolutely killing me. She has had other addreses in the past few years where she has paid her poll tax, rent,etc.

I have never broken the law and couldnt go to jail i'd probably end up topping myself.

She has never contributed to the house and we dont go food shopping and very rarely out together socialising.

I am worried that this will lose her her job as she hasnt done anything wrong at all, and if i have, i have done so unwittingly.

This is so scary and i feel constantly sick.

She finaly gets her own permanent address and then this happens. I cant believe it.

Thankyou for your time and advice anything further would be much appreciated.

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Hi,

Sorry to hear of your problem. You say your friend has paid rent/council tax elsewhere, well get her to ring up the landlord who could give her a letter to prove she lived there or maybe contact the council tax office who will have evidence of her paying. Then you can take this with you as proof.

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Hi marc

 

You really need to calm down, worrying is a waste of energy, just get all the evidence together, so you can prove they are wrong, thats what you need to do. Did you take anybody with you?

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Hiya l.g.o.

I just told them the truth. She dosnt live here. She spends a lot of time here and with me but thats it.

I feel like i'm being punished for being ill and having a close friend.

I'm totaly lost. I do alot of charity work and also alot of things for the pensioners around where i live and they respect and trust me. It just seems so unfair.

Thanks. L.g.o. For your time.

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Hiya rebel11

no i diddnt take anyone with me. I dont know what evidence i can get apart from my word.

At the interview i was in a lot of pain which made it hard to concentrate. And as the interview was happening i was sat in front of a large window with gangs of young teenagers outside jumping up at the window shouting and banging on the glass. It was very embarrasing and intimidating.

Thanks rebel11. I do appreciate you taking the time.

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Marc,

The trouble is that you don't have to live together to be classed as a "couple" they do look at other things as well. EG.. post; the address bank accounts are in etc.

 

The rules they use in deciding if she is a partner is the balance of probabilities, so the more evidence you get the better.

 

EDIT (just seen your reply)

 

You need your friend to gather as much info as she can she was living elsewhere.

Has your place got one or two bedrooms

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Evidence about your friend starting a tenancy even before you knew about the IUC etc.

 

Hiya rebel11

no i diddnt take anyone with me. I dont know what evidence i can get apart from my word.

At the interview i was in a lot of pain which made it hard to concentrate. And as the interview was happening i was sat in front of a large window with gangs of young teenagers outside jumping up at the window shouting and banging on the glass. It was very embarrasing and intimidating.

Thanks rebel11. I do appreciate you taking the time.

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Hiya.

I've just read through your reply again. When i say that i am moving in with her, i am, but i will have my own bedroom. We are not together as a couple and she has a boyfriend.

She has not had a permanent address for a few years and so used my address for her mail.

She spends quite a lot of time with her boyfriend in one of his properties but for reasons on his side we cannot disclose who he is.

There would be massive consequences & scandal.

She cared for my mother when she was ill until her death in 2008 and lived with her for about 9 months but we cant prove this, she also spent alot of time with my father who was in a care home badly disabled he died in 2009, she then cared for me at home last year when i was very seriously ill. So you see i cant betray her loyalty to me and my family and the close friendship between us.

Thanks again for your time. Mmwdz

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Hiya l.g.o.

She never has been a lodger, she's been a friend with no permanent address. She dos'nt stay all the time. Sometimes i might not see her at all for a week or two. If she has mail i call her and she picks it up on her way to work.

The interviewers never asked if she stayed in a different room.

I did tell them i was coming off benefits but diddnt discuss the living arrangements.

This is killing me. I cant eat sleep or even think of anything else.

Thanks again l.g.o. I hope i'm not taking up too much of your time. And i do appreciate you taking the time.

All the best mmwdz

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Her staying in another room is the kind of evidence you need to put together.

Also you need to make it clear to them you will be having your own room at the new address.

 

You're welcome to any help I can give

 

EDIT

Sometimes at IUC they asks only the questions that will make it look as guily (EG not asking about other rooms)

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