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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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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.

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      Many thanks 
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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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Medical Disclosure


LordSnooty
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A few years ago I was diagnosed with a medical condition. Unfortunately, due to many other serious family things I had on my mind at that time, I omitted to inform the DVLA.

 

I fully realise that I should have advised them and intend to do so now.

 

Since the original diagnosis it has never been suggested by the consultant that my ability to drive was adversely affected by the condition although I realise that it was my responsibility to enquire and disclose.

 

In informing the DVLA does anyone know how they will react?

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A few years ago I was diagnosed with a medical condition. Unfortunately, due to many other serious family things I had on my mind at that time, I omitted to inform the DVLA.

 

I fully realise that I should have advised them and intend to do so now.

 

Since the original diagnosis it has never been suggested by the consultant that my ability to drive was adversely affected by the condition although I realise that it was my responsibility to enquire and disclose.

 

In informing the DVLA does anyone know how they will react?

 

Depends. What is the condition?

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Apparently I have to have 30 posts before I can pm Glaucoma

 

Glaucoma doesn't feature in the guidelines / Medical standards as an individual diagnosis (so don't expect to find it under "G" in their A-Z).

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457961/aagv1.pdf

 

Instead you will find it under "VISUAL DISORDERS", and then under

"VISAUL FIELD DEFECTS" (sic) [one wonders who proofread that document, and if they were being ironic]

"Disorders such as bilateral glaucoma, ... and other disorders producing field defect(s) "

 

For a Group 1 entitlement (so car, not HGV / PCV):

Most glaucoma is bilateral. If you only have one affected eye, make sure you can demonstrate your good eye meets the required standard and you should be fine.

 

If your glaucoma is the more usual bilateral (affecting both eyes), you'll need to show them you meet their standards relating to visual fields, which are in an appendix at "FIELD OF VISION REQUIREMENTS FOR THE HOLDING OF A GROUP 1 LICENCE ENTITLEMENT"

 

If you can't do this (sending in the evidence with your notification), expect them to revoke your license forthwith "pending medical enquiries"

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To let you know you really shouldn't PM members for advice unless they are orange (site team) due to the fact it makes it harder trying to guess what has been said. Try to keep questions in the main forum...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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