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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks 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 concenquences 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?
    • 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
  • 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 
      • 81 replies
    • 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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legally binding at age 16?


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Hi

My daughter signed up to a gym online, 2 months on and I am unable to use the gym due to a foot operation and therefore she is also unable to access same. as she is 16 can they still tie her into the 6mth contract as they are saying she cannot cancel at this time. mine has been cancelled as i have been a member for a longer period

thanks in advance

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Hi

I emailed the gym to point this out and received this response:

 

'I understand [name] is 16 but when she signed into the contract she accepted the terms & conditions which do include signing into a six month contract.'

 

 

In order for the contract to be cancelled they are saying that a bulk payment of £119.80 can be made (29.95 per month) for the 4 mths outstanding. As my daughter is in full time education she can't afford this and should never have signed up initially!!!!!!

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Thank you, I've emailed them to inform them that the contract is not legally enforceable and to cancel the membership with immediate effect so shall await their response and then if necessary contact their complaints dept (although from past experience these do not offer a very good service either!)

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PMSL, like it when they clearly disregard the contents of your email and continue reading their script!

 

A little like a petulant child holding their hands over their ears stamping their feet 'la la la la I can't hear you.' :lalala:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Flibberty,

 

Can you tell us what gym and/or admin company you're dealing with here. That'll help us to get them off YD's back.

 

I agree with the posts above - if YD was a minor when she joined, the agreement is not binding or enforceable.

 

As regards their demands for payment, YD will not have to pay anything more and we'll help you write a suitable letter.

 

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I agree with previous posters. Just to clarify, no adult counter-signed the contract or guaranteed payment?

Your daughter didn't misrepresent her age? (Was she asked / did she reply truthfully if asked?)

 

If they still persist with their "but she signed a contract with terms and conditions" ask them how they intend to enforce this. Since she is not "sui juris" ; ask them who they intend to sue, since you don't feel she was able to commit to a legally enforceable contract.

 

They are "chancing their arm ". Likely they know it, but sadly for them, you know it too!

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Thank you

the company is dw sports fitness.

The direct debit has always gone out of my bank but other than that it's all in her name and she didn't have to claim she was older or anything like that to open the account

 

Did you (or another adult with authority to sign for that account) sign the direct debit mandate?

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Yes, it may have been in YD's name but who signed the m/ship application and/or the DD mandate.

 

Do you have copy documents to show exactly who signed what.

 

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  • 3 weeks later...

Hi

I've not heard anything back yet from DW in relation to my email

The application was done online in my daughters name but the direct debit was in my name, I didn't physically sign anything but I presume completing in online is a substitute for this. Am I still liable for any payment if the direct debit is in my name?

Thanks for your help-

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Hi Flibberty,

 

If YD signed up, going through the process herself and used your bank details for the DD mandate, I would say you can still argue that the agreement is in her name and that she cannot be bound by it.

 

There may be an argument that you effectively countersigned the agreement by allowing the bank details to be used, unless YD used the bank data without your knowledge or permission. In the latter event, YD would be fully responsible and consequently not old enough to be bound by the agreement.

 

As long as the ball is in their court, you need do nothing further for now.

 

:-)

We could do with some help from you

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Thank you

It wouldn't surprise me if they don't contact me and I end up with a debt collecting letter of some sorts, they haven't been very good at communication so far!

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Hi Flibberty,

 

If you ARE contacted by any DCA, just let us know and we'll help.

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thank you I will do

I owe for the final month of my membership which I accepted and asked them to invoice me which they haven't as of yet, the payment was due 1st May. (I couldn't get into the gym to pay as I am on crutches at the mo following a foot op and so am unable to drive!!). I presume they will send some sort of letter before long!

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