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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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NHS Dental Charges Penalty Charge Notice - Dentist at fault did not update system!!!!


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Layla, if the dentist no longer holds the forms then do a SAR on the NHSBSA. The PM will provide you with the address if you don't already have it. I'd also be inclined to ask to see your records at your dentist. On the systems we use in GP surgeries we scan all paperwork on before sending it anywhere. I don't know for certain if they do the same in dentistry but it's worth an ask.

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Layla,

 

you can see how to do a SAR by clicking on the link in your post.

 

I've just looked at the form and I need to draw your attention to the reverse of the form and in particular the patient declaration that you will have signed.

 

Unfortunately, the second line down states very clearly:

 

The patient is responsible for the accuracy of this claim, NOT the dental practice.

 

Full guidance on how to read / complete / decypher the form is here: http://www.nhsbsa.nhs.uk/Documents/DentalServices/Completion_of_form_guidance_-_FP17_-_England_(V4)_-_11.2014.pdf

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Layla / Mike,

 

here's where I hope I'm wrong but I've looked at the FP17 and in particular the patient declaration on the link I've provided above.

 

It seems that ALL responsibility for the correct use of the form and the services it provides is, as a condition of its use, placed on the patient and not the practice.

 

Now, I can't say that this is entirely what I'd expect or that I personally agree with it, but nevertheless it's clear that when signing that form that you accept all responsibility for it. It does detail (well this version at least) which benefits are acceptable and which are not and the last thing it says before the signature box is:

 

I understand that I will have to pay a penalty charge of up to £100 if it is not correct or I am not entitled.

 

likewise, the NHSBSA guidance issued to practices accompanies this by saying:

 

Please do not indicate where the patient should complete the form. It is the patient’s responsibility to make this claim. Please ask them to read the form and

complete the section that applies to them. Please do not advise them about their entitlement.

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double talk as one says one thing another para states another all catch 22, best never to claim anything un less you are an MP or have Duck ponds.

 

Just looking for the contradictions here and struggling a bit to be honest.

 

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