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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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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. 

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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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How to defend myself against a claim

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Background. My Mum was being cared for by a local authority using contracted out care. The copany did not always turn up on time, stay the required time, or even turn up at all on many occasions. To compund the problem they falsified records to suggest they had.

I complained but nothing was done to resolve the problems.

I stopped paying the care bills to make them take notice. They didn't notice until I pointed it out.

Mum passed away and I was the executor of her estate.

Mum's bills consist of many elements of care, only one part (the subcontract part) which I have an issue with. I want to pay the rest and discuss/negotiate the bad element. The local auithority refuse to separate out the bills saying I owe all the bill. I have offered several times to pay the parts and discuss the rest.

I'm being taken to court, the Chancery Division no less, for the whole bill, ~£5k.

I have applied to defend the claim and have now got papers suggesting that it wil be fast-tracked.

I'm not sure what my next step should be, any help gratefully received.


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I'm mystified why their solicitors issued the claim in the High Court in London. Its been awhile since I've had to look at the detailed rules surrounding this stuff but generally speaking a case has to be worth at least 50k to be heard in High Court.



Is there some other aspect to this, e.g. a mortgage or property dispute?


Was there a contract between your mum and the local authority? If so what does it say?




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Mum's bills consist of many elements of care, only one part (the subcontract

part) which I have an issue with

Is the claim against you personally? The claim should be against your mother's estate. Yes you need to deal with them as executor but you cannot be held personally liable.

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The claim is against me personally as I was the executor of Mum's estate. Mum's estate consisted almost entirely of her property which was sold and then the value dispersed according to her will.

Mum did not have a 'contract' as such with the local authority (LA). They were providing assorted care services for her. Mum was regularly in and out of hospital. For a while her care was provided by the LA personnel directly. But when she had a stay in the hospital once of over 2 weeks this effectively cancelled this care package and so a new one was set up when she came out of hospital. This was provided this time by a subcontract company to the LA. This is when the problems started. Mum's care package consisted of a number of elements. 1. Home Care, ie a care visitor turning up for a specified amount of time to do specific duties. 2. Family based care, a visitor turning up once a week for a chat. 3. Telecare. A system that had a smoke alarm and a pendant button linked to the telephone for emergency use. 4. Respite care. Residential care stays when Mum had been in hospital or similar. The ONLY part of the care package that was a problem was the Home Care. The team were late, lazy, short time visits, no visits at all. They falsified records to suggest they had visited according to the schedule. Because of the repeated problems and the lack of interest in resolving them by the LA I stopped paying the bills. I had control of Mum's finances via a Power of Attorney document. The LA did not notice until I, out of frustration, pointed it out to them, approx. 8 months after stopping. It took another 6 months to get a meeting together to discuss this. At this point the LA just 'ran away' and stopped providing home care. they then delegated a budget of £0 to me to find my own. I did and it ran successfully until Mum's eventual death.

The claim is for the whole amount of the cost due to ALL the elements of the care. I have offered to pay ALL of the parts that are not disputed and then discuss or arbitrate over the remainder. The LA have refused saying they cannot split the bill down. Its all or nothing. Therefore I have not paid.

They also say that the whole bill is due anyway as Mum would only have been paying a 'contribution' to her care costs and not the whole amount. My point is that she didn't get the whole care package due to poor service from the subcontract care team so why should she pay the total bill. The service promised was not delivered.

When Mum passed away I applied for probate so I could sort out the estate. The LA placed a Caveat against the estate which prevented the probate grant. I applied for a Warning against that and the LA withdrew their caveat before it got to probate court.

I have repeatedly asked for a bill breakdown so I can pay the parts of the bill which are not disputed.

The LA have repeatedly refused saying its a whole bill.

The amount was initially over £7,000 but is now a little over £5,000 as one part was separated out and has now been paid.

I do not understand the legal process enough to understand why I've been put through the High Court route and not the small claims etc.

It is via the 'Chancery Division' of the High Court of Justice in Chester. The LA is Cheshire West & Chester.

I live down in Staffordshire.

I have submitted a defence stating that I dispute the amount, not that I dispute the whole claim. I have also stated that I wish to pay the undisputed elements but am being prevented from doing so.

I have asked for arbitration and a discussion in the form of a pre-action protocol from the LA but they have refused. They recon a Pre Action Protocol is not appropriate.

The court has written back to me following my defence submission suggesting the fast track. But as I say, this is all foreign to me.

Any quality advice and help accepted please.

Happy to answer more questions if needed.

Sorry this is a bit wordy!

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How much is the amount of the claim then? If less than 10k you need to be pushing for small claims track. This would be much better for you than fast track, as it greatly reduces the risk of having to pay the LA's legal costs.


I am a bit mystified as to the legal basis for all of this. You say there was no contract, but surely there must have been some sort of documentation in place in relation to the home care arrangements. These kind of three party arrangements, where the LA contracts a sub-contractor to provide services to you, but the contractor fails in its duty, can be a bit complicated and difficult to advise on without being able to sit down and read through all of the documents.


Can you post up the Particulars of Claim, word-for-word if you are comfortable doing this on a public forum? Or at least give a clear summary of the POC?




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