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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
    • Ultimately, when systems wobble, there is little that can be done - except wait for a fix.View the full article
    • The ready-made drinks are at the heart of a labour dispute that saw thousands of Ontario liquor board workers walk off the job.View the full article
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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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Harsh Ultimatum


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I was caught doing "64 mph" on a 70mph motorway at 23:30 in an "average 50mph due to roadworks" zone.

 

When I first received this fine, I was unaware of the terminology of being "caught" at a static speed in an average zone. I was under the impression that doing 64 mph is fine if it's balanced out by lower speeds later on to receive an average of 50mph.

 

I then sent a letter asking for the proof of this, to which I had no response. Now after the ability for me to attend a driver's awareness course and not receive points on my license has passed, the police have finally supplied the information, fully admitting they did not originally send the information requested - but due to the delay I am now no longer able to do this course and must receive the points.

 

My question: Why am I being punished for the delay/misconduct of replying to my initial letter, and do I have a right to complain about the points being forced upon me?

 

Here are the letters sent/received: imgur(dot)com/a/0ywU5 [sorry I'm not allowed to post links]

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My question: Why am I being punished for the delay/misconduct of replying to my initial letter, and do I have a right to complain about the points being forced upon me?

 

You are getting punished for doing 64 in a 50mph area not for anything else.

 

Thinking you can do 100 mph for half the roadworks and then do 1 mph for the other is a pretty stupid excuse

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Aside from the point, the road is normally 70mph - it's 50 due to the safety of the roadworks staff (who don't work at 11pm on a Saturday when I was caught).

 

The point is, I'm getting punished by not being able to take the course because of their delays. I admit I should pay for the speed I was doing, but I shouldn't be cheated out of the awareness course to prevent points being put on my licence because they didn't respond to my letters.

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Aside from the point, the road is normally 70mph - it's 50 due to the safety of the roadworks staff (who don't work at 11pm on a Saturday when I was caught).

Frustrating though that maybe, it would have been 50 for various reasons.

Including not just the safety of the workforce who knock off at night but for motorists at all hours.

I assume the carriageway was not to normal unobstructed motorway specification but had lane(s) closed or reduced in width, temporary lane markings, or incomplete central crash barrier, or with cones guiding through areas where there could be no surface or obstacles like materials and machinery close to the available carriageway.

Irrespective of valid reasons or otherwise, if the 50 was properly signed the limit is 50 and you have no cause for complaint about this point.

 

The point is, I'm getting punished by not being able to take the course because of their delays. I admit I should pay for the speed I was doing, but I shouldn't be cheated out of the awareness course to prevent points being put on my licence because they didn't respond to my letters.

There I feel for you, but cannot help. Others no doubt can, and will.

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You have no right whatsoever to any 'proof' or 'evidence' until your case comes to Court.

 

What you were offered is the opportunity to take 3 points and a fixed penalty instead of course. There is no requirement for any course to be offered and some areas don't do them at all.

 

The demand that you made for evidence when you had no right to it has caused delays on your part that has resulted in the withdrawal of the offer of a course. The authorities are time-limited in laying a case before a Court and any messing about by the accused simply moves everything closer to a Court appearance.

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