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    • This happened approx 18 months - 2 years ago. I have not been out of pocket. eBay instantly paid the money to me and then investigated once the buyer claimed the item did not arrive. They favoured towards the buyer and therefore made my ebay account minus £9000. Subsequently the ebay account got suspended and I since cut ties with it and no longer have access to it.  
    • Regarding "No breach of contract" where they have used E instead of F and that incorrect post code has always been there in subsequent PCNs including the first one,  does that not make it a valid point? because contract shows different postcode then PCN,  also if valid can this be moved under different section such as "No Locus Standi"? Since there is no mention of EV charging bay or its abuse in contract,  can same fact in point 3.1 be used under "No breach of contract"?  does the grace period of 10 minutes needs to be mentioned in terms and conditions signage?  
    • I am looking to help my father who has received a court summons for a RTA S87 (1) offence for not having a licence when requested to produce it by the police in December 2023 At the time of the alleged contravention my father was in the process of having his licence renewed following him turning 79 years of age in September 2023 (the licence is due for renewal every 3 years as i understand it). On the renewal application my dad disclosed a medical condition (Sleep Apnoea) and naturally, this resulted in a lot of follow up between the DVLA and his doctor, however his Doctor was not aware of any medical reason why he should not drive, and he continued to drive under S88 of the RTA. At no point was his licence revoked by the DVLA, however the DVLA did write to him in December 2023 to advise that they have been advised of another potential medical issue and asked him to provide details within 14 days or his licence may be revoked- he replied with the information and within 6 weeks his new licence was issued (the issue was not current, and is not affecting him now)   The alleged offence took place while the DVLA were processing his renewal, and given my father knew that he was fit to drive, he continued to do so. I am in some ways surprised that this has even progressed to court, because surely the fact that his license was eventually renewed in Feb-24 validates his belief that he was always fit to drive- nothing changed in his medical condition between September 2023 and the licence eventually being renewed in Feb-24.  Does anyone have any advice for how to handle this one? I have written to his doctor with a SAR to request the details disclosed between them and the DVLA, and for any other information that will help his defence. I was considering writing to the court to ask if the case could be held local to my Father, as the alleged offence took place far from his home- is this something likely to be granted?  
    • We tend to square the circle here rather than go along with the general consensus and what the media would have you believe  
    • And incidentally, the fact that you sell things and it's not your main source of income is not so far as I understand it, the legal test of whether or not you are trading.
  • Our picks

    • 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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