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    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving.   The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence.   But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did.   As I explained, after his birthday he did not hold a licence that could be revoked.   In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive.   The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
    • I'd recommend getting a new thread started about this. Let us help!
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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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Hi, my sons car was written off - several cars involved so proving liability will take a while i suspect. I expect admiral to make their offer middle of next week and would like to be prepared with what i should accept. Does anyone have access to the glass's guide that insurance companies use as the online guide seems to value too high.

 

He has a 2002 fiat punto active 1.2 8v 5 doors - pre accident it was in good condition. serviced the day it got wrote off!! 11 months m.o.t ,mileage is high at 110000. I would appreciate any help on this.

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If no one has a Glasses Guide use autotrader and search for the same vehicle. Print off three from anywhere in country (preferably highest price ones) as this is amount you would need to pay to replace vehicle on a like for like basis

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do i need to take off a certain amount from what dealers are asking as they would have marked up a bit? Prices seem to range from 800 to 1200 and son paid 1000 a year ago. I was told on a rather abrupt forum yesterday i cannot ask for dealers price and would get 400-600 were pounds, they were quite visious so i thought i would ask a different forum.

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do i need to take off a certain amount from what dealers are asking as they would have marked up a bit? Prices seem to range from 800 to 1200 and son paid 1000 a year ago. I was told on a rather abrupt forum yesterday i cannot ask for dealers price and would get 400-600 were pounds, they were quite visious so i thought i would ask a different forum.

 

Basically a dealer includes a profit margin to cover trading costs so there will be a mark up above a private sellers costs. However on cars in the 1K price bracket it shouldn't be that much.........

But look for private sellers first but if unable to find a exact match then dealers - you're entitled to a like for like replacement so if only at a dealer then a dealer it is

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Don't accept any assessment of value until you check it out yourself.

Your insurer will try to get away with the minimum.

 

You are entitled to full replacement value of similar age and condition.

 

Do serious research on the internet and papers. Try to find a dozen or more cars which appear to fit the bill and take their average.

Then get ready for a battle with the insurers - but don't back down.

You will be within your rights.

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I agree that for a car of that age and mileage, he won't get a dealers price. It will be up for negotiation, as to the amount the Insurers will settle for. I suspect they will offer £600 ish and if you then argue that the car was only bought a year ago for £1000, the Insurers increase to £800ish.

 

Don't forget that the Insurers will deduct the excess and if the full annual premium has not been paid, they may deduct the remaining premium. As you probably know Car Insurance is an annual contract and once a write off claim has been made, the Insurers may then cancel the policy, with the full remaining premium being due. Speak to Admiral about this, as many people don't realise how these things work and are disappointed.

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try parkers as well they do free valuations

 

http://www.parkers.co.uk

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Just let the insurer know that you're expect nothing more than glass's retail and get them to confirm that is what they have given you, ask them for a screen print of the guide ( there will be no dpa issues over this) to prove their point. You can research as much as you like but with car like that if you were to take it to the FOS you wouldn't get higher than retail. Insurers make their customers run around in circels with the whole examples issue, which in most cases can be resolved by giving the guide price.

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