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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Namz
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By Namz · Posted

      Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • HanaK
      Multiple speeding tickets

      By HanaK · Posted

      I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  

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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
      • 81 replies
      BankFodder

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      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      BankFodder

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Benefit sanction figures expose Tory lies

Gay_guy1986

By Gay_guy1986
in Benefits and HMRC

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Fuzzgin

Fuzzgin

Posted
Posted
Why go through all of that? The DWP/Jobcentre directive might appear stupid and illogical but those are the rules - do what they tell you when they tell you!

Why argue with them - you won't win - you will only, as you say, put yourself in a position of having a 'doubt' raised.

 

If I was in your husband's shoes and I was told to apply for a job as an electrician and didn't know a red wire from a black one, I would still apply just to keep everybody happy. Only then would I raise the matter with the jobcentre and ask why I was being told to apply when I clearly didn't have any experience or qualifications for that particular job.

If you behave yourself and do as you are told they can't create a doubt.

 

Did you even read before commenting. No you didn't. She explained why her husband didn't apply for the job, because he would like a job and would prefer not to ruin his credibility with a potential future employer. Which would be a good thing in your world view? Right?

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mr_mastiff

mr_mastiff

Posted
Posted

 

 

 

I'm a little worried that with that attitude, you seem to be finding reasons and excuses instead of ways to find a job.

 

A very old friend of mine who used to be a stevedore at the old London Docks. He was never guaranteed any work but turned up every morning on the off chance he was one of those picked for a days work. Living as he did in the East End of London, he used to walk miles every morning asking everybody and anybody if they could give him a days/nights work if he wasn't picked that morning. Invariably someone somewhere would give him some work to carry him through to the following day.

 

Times have changed, get real your statements only encourage a black economy and exploitation of a desperate part of the population. Is that your answer cash in hand jobs, pay no tax how does that help the country?

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Fuzzgin

Fuzzgin

Posted
Posted

Imagine this... you're sick. You've been awaiting an operation. Your doctor has told you that you must not work as you will cause more damage. You get sanctioned.... what do you live on?

 

I'm lucky that I can work. That's not to my credit it's pure luck. I have several long term health conditions and have struggled on numerous occasions. It could happen again. But then I could be in an accident tomorrow and never able to work again. Who knows. Don't take your immense good fortune for granted silverlight.

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silverlight

silverlight

Posted
Posted
Did you even read before commenting. No you didn't. She explained why her husband didn't apply for the job, because he would like a job and would prefer not to ruin his credibility with a potential future employer. Which would be a good thing in your world view? Right?

 

Of course. But given that the Jobcentre have issued a directive that her husband must apply for the job in question they have the choice of either ignoring that demand and possibly having to face a sanction or apply with or without the 'Sub Contractors Certificate'.

 

Their choice, not mine and not yours.

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silverlight

silverlight

Posted
Posted

Times have changed, get real your statements only encourage a black economy

and exploitation of a desperate part of the population. Is that your answer

cash in hand jobs, pay no tax how does that help the country?

 

I was trying to explain the mind-set involved. Given that there are few jobs available, the ones that are there will go to those that go the extra mile looking for them. I never mentioned anything about working in the 'black economy' which is illegal.

Or maybe you are of the opinion that it is only right that people should be allowed to choose who they work for and where. That was OK 10/15 years ago, but today it is a different ball game - such as it was in the 50's and 60's.

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silverlight

silverlight

Posted
Posted
I'm just about tolerating your behaviour, but I will not accept this sort of personal insult directed towards another member. Cut it out.

 

I'm sorry if you are offended with what I posted and that you are just about tolerating my opinions. The post in question was not intended as a personal insult to anyone, more so an opinion of what I see every day. I can't understand why it is acceptable for society to find excuses and reasons not to do something when it is just as easy to do it. I read somewhere recently that you cannot be made to look for a job that is more than 90 mins travel away. Is that by car or public transport? It may well be the case that there is a job 2 hours away by public transport or 55mins by car - but from what I read, many would argue that they cannot be mandated to apply for that job. I just don't understand the world today - maybe I am an old has been and still live in the past.

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silverlight

silverlight

Posted
Posted
Imagine this... you're sick. You've been awaiting an operation. Your doctor has told you that you must not work as you will cause more damage. You get sanctioned.... what do you live on?

 

I'm lucky that I can work. That's not to my credit it's pure luck. I have several long term health conditions and have struggled on numerous occasions. It could happen again. But then I could be in an accident tomorrow and never able to work again. Who knows. Don't take your immense good fortune for granted silverlight.

 

I don't, I respect hard graft and a more than willing employee. I further respect an employee that gets up hours before others and travels a great distance just to be there on time. I also respect and admire those employees that against all adversity health wise, still manage to put in the hours at work.

 

If you think that the DWP made a mistake and placed you in the wrong group, there is no point moaning about it, the answer is clear - an appeal should have been lodged the day the decision notice was received.

 

Given what you have said you would have good grounds for being put in the Support Group on the basis that finding you fit for work or being placed in the Work Group would be injurious to your health.

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mr_mastiff

mr_mastiff

Posted
Posted
I was trying to explain the mind-set involved. Given that there are few jobs available, the ones that are there will go to those that go the extra mile looking for them. I never mentioned anything about working in the 'black economy' which is illegal.

Or maybe you are of the opinion that it is only right that people should be allowed to choose who they work for and where. That was OK 10/15 years ago, but today it is a different ball game - such as it was in the 50's and 60's.

 

 

The only problem with your example is that the DWP/JPC would not except you walking the streets looking for work they would demand proof and probably sanction you for not doing it their way

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antone

antone

Posted
Posted

 

I'm sorry if you are offended with what I posted and that you are just about tolerating my opinions. The post in question was not intended as a personal insult to anyone, more so an opinion of what I see every day. I can't understand why it is acceptable for society to find excuses and reasons not to do something when it is just as easy to do it. I read somewhere recently that you cannot be made to look for a job that is more than 90 mins travel away. Is that by car or public transport? It may well be the case that there is a job 2 hours away by public transport or 55mins by car - but from what I read, many would argue that they cannot be mandated to apply for that job. I just don't understand the world today - maybe I am an old has been and still live in the past.

 

If you didn't intend a personal insult, well, fair enough, but be more careful.

 

As to what I'm tolerating - I'll make the point again, as I often do, that we permit a small amount of political discussion as long as it is not disruptive and remains civil. Merely refraining from the use of four letter words, incidentally, is insufficient to qualify as "civil". You do not get to march in here and treat the members like a sullen posse of juvenile delinquents. If you wish to complain about present government policy or believe that the JSA/ESA rules are too lax, take it to the Bear Garden. And yes, I know the OP was also overtly political, that's the only reason I've let things go this far.

 

The factual answer to your question is that the travel time is 90 minutes "by your usual method of transport" - car if you have one, public transport otherwise. A person who has no car cannot be mandated to apply for a job that is 2 hours away by public transport.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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fletch70

fletch70

Posted
Posted

Oh my god I do not know where to start

In the 50's we had pretty much full employment so it was easy to walk out of one job and into another

 

If someone is placed in the Wrag and appeal they are still in Wrag and the appeal can take a year or more, if appeals were quick and fair then we could all have a different argument.

 

Silverlight, I notice that since been shown to be wrong on the winter fuel payment thread you have moved to this one.

IMHO the benefits cap and the way the government is running it is wrong, lies dam lies and statistics.

Oh course my belief is that if you disagree with something you try to change it even if it's just by way of voting

 

If I had my way there would be social housing available for everyone who needed it and everyone able would be in work. The money generated would not be going to shareholders but back into the country

Any opinion I give is from personal experience .

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silverlight

silverlight

Posted
Posted
Oh my god I do not know where to start

In the 50's we had pretty much full employment so it was easy to walk out of one job and into another

 

If someone is placed in the Wrag and appeal they are still in Wrag and the appeal can take a year or more, if appeals were quick and fair then we could all have a different argument.

 

Silverlight, I notice that since been shown to be wrong on the winter fuel payment thread you have moved to this one.

IMHO the benefits cap and the way the government is running it is wrong, lies dam lies and statistics.

Oh course my belief is that if you disagree with something you try to change it even if it's just by way of voting

 

If I had my way there would be social housing available for everyone who needed it and everyone able would be in work. The money generated would not be going to shareholders but back into the country

 

Communism is the word!! Hey but look what happened in Russia and is happening now in China. The first is one of the biggest capitalistic countries in the world and the other is getting there!! All for one and one for all they shout!

 

By the way I am very rarely wrong, others may have a different opinion to mine!

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hallowitch

hallowitch

Posted
Posted
Of course. But given that the Jobcentre have issued a directive that her husband must apply for the job in question they have the choice of either ignoring that demand and possibly having to face a sanction or apply with or without the 'Sub Contractors Certificate'.

 

Their choice, not mine and not yours.

 

who said he needed a Sub Contractors Certificate I said he needs a safety passport ticket safety being the name of the game in the construction industry if you want to live to a ripe old age

 

pervious employers or company's that know him by reputation wont touch him without this ticket as I said prospective employers would think he was an idiot or his C.V. was a lie if he applied for a job without this ticket

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silverlight

silverlight

Posted
Posted
who said he needed a Sub Contractors Certificate I said he needs a safety passport ticket safety being the name of the game in the construction industry if you want to live to a ripe old age

 

pervious employers or company's that know him by reputation wont touch him without this ticket as I said prospective employers would think he was an idiot or his C.V. was a lie if he applied for a job without this ticket

 

At the end of the day he will have to apply for the job or be sanctioned with or without the certificate.

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antone

antone

Posted
Posted
At the end of the day he will have to apply for the job or be sanctioned with or without the certificate.

 

Only if he's given a Jobseeker's Direction in writing. And those can be challenged as unreasonable, although yeah, good luck with that.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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antone

antone

Posted
Posted

Screw it. Enough of this.

 

If you want to help people, help them. If you want to scold or lecture them, do it elsewhere. I suggest Yahoo Answers.

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PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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