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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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My neighbour's tree


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I have had a bonfire site at the end of my garden for as long as I have lived in my house, 20 years+.

 

In that time my neighbour has planted a tree which has grown and now partially overhangs the bonfire such that when it flares up to a reasonable height

it scorches some of the leaves and branches.

 

The best sort of bonfire is the fiery sort which doesn't smoulder and produce nasty fumes.

 

He is now complaining that I am damaging his tree and wants me to move my bonfire.

 

The site is the only one in the garden which is not used for vegetables and at this time of year the rest of the patch is full.

 

I have agreed that when there is another patch available I will use it, but if there is not then I feel entirely free to use the regular site and just try to minimise the damage.

 

After all, the fire came first! I have said that it is better to damage a few branches than exercise my rights and cut them all off where they overhang.

 

As part of a larger dispute he is threatening action against me for damage to his tree.

 

Am I right? Where do I satnd?

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As far as google tells me, even though it overhangs your land the tree remains his property, and you may be liable for any damage caused to the tree by yourself.

 

However - you are entitled to cut the tree back to the boundary of your property, provided the tree is not subject to a preservation order. You will need to be careful if you do cut the branches back that you do not cause damage to the tree itself, lest you be open to liability claims.

 

Complete novice on this subject, hopefully a more experienced head will be along soon!

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Thanks. I was already aware of the points you have made. And besides, how do you define 'damage'. I could go up in line with my fence and carry out some 'sympathetic pruning' on everything off which is overhanging (being careful to give them to him).

 

My issue is that he has come along and grown a tree which is now a problem to an activity I have carried out in the same place and long before the tree was planted. I don't see why it is my problem.

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I can see your point but I suspect that compromise is needed here. It is a lot easier for you to control your fire than him his tree and I fear, (my opinion) his wildlife would triumph over your bonfire if ever it went further.

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Do leaves from his tree fall into your garden as you are quite entitled to dump them over his fence along with any overhanging branches you have cut off so maybe between the two of you a compromise can be reached instead of dashing off to the courts.

If you do go down the route of the cutting the branches, it may be best to have them done professionally and then to claim off the neighbour. That way if the tree dies, you cannot be blamed. If it is an Ash tree get it infected. LOL!

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