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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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The correct procedure is to inform the DWP/others that there has been a change of circumstances if you are on benefits, including CT. With the CT issue you must let them know asap so you may get the single persons discount. This is a legal requirement as is for any other benefits you maybe receiving at this time...

 

 

With this in mind all future claims should now be in your name alone as you seem to be the carer of the children. You should remove her from all claims and make sure you get this in writing on this has been done then keep these responses from these depts. safe for future use should it be needed,, this will stop any possible misinterpretation that you are still a "couple".

 

 

The advice you should take is to make sure there are no financial ties with her including bank accounts and the like. This will show the relevant departments that you are not living together as a married couple (LTAAMC) the less you have financial ties with her the better, but if you do reconcile then you may consider ties again....

 

 

As for personal relationship advice relate is/would be best that could be given and talk as much as possible to her...

 

 

For a side note it may pay you to check your credit report to see if you have any bad debts that you may not know anything about, money could get tight for a while and that you may want to consider asking your creditors for a little extra time to pay your debts (if any) Noddle is free to use...

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It would be advisable to keep all of the texts both sent an received. As long as your sent texts show no animosity it will help at a later date.you may wish to consider recording your calls with her as well, just to be on the safe side they too could help..

 

As a father of 3 myself the only path available to you is the protection of the children. Their welfare is paramount. Have family members interact with them so they can see that you are doing all you can to protect their welfare.

 

They then can be called for your defence should it come to that..

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The Courts may insist on mediation. Have you applied to the Police regarding the access the new man has to your children yet?

 

There are ways you can start this since you are the the responsible parent. Have a read here Prohibited Steps Order under the Children Act 1989. You can also get more info on being the responsible parent here

 

http://www.legislation.gov.uk/ukpga/1989/41

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Each child should have their own bed to sleep in, you may need to speak to your ex to resolve this or apply to the Court to have over night stays excluded from her rights as a parent. It may seem strong to hear this but the right way forward is to get as much good/bad info that happens in writing and please start a diary about everything and anything.

 

 

Keeping a story book will be of use as well, a story book is like a diary that you and your children can write their thoughts in, you can add photographs to show how they are growing up, maybe letting your children write their feelings down if they are able, this will be of great use for you at a later date, this is highly recommended for you... More tomorrow...

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  • 2 weeks later...

It looks like you are keeping great records, but to be honest I would refrain from posting this on the forum, this is just in case your ex gets to read what is going on in your life as well as the children's. The fact you have kept her informed at the appropriate times the you have done the right thing.

 

 

The information I gave you earlier in your thread was to give you children a diary for them to write in have you done this? You should never influence what they write but ask them to write down how they feel, this really is a must for you/them as it could help you when you eventually go to Court. Family law is very complex and having diaries for everything is the best advice you will get. Don't forget to get the children to write to mum often scan copy and print these out as well, these can be added to your Court bundles if and when they are needed...

 

 

If you need specific advice then please do so very loosely and not too much detail due to the ex possibly reading your thread which will give her much need ammunition, I.E. taking advice on a free forum, and not legal advice from a professional, we will always help you where we can but please do consider what you post on here in the future, keep it short sweet and only what is necessary ok?..

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