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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.

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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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UN slams UK Tory for planning to scrap Human Rights Act


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UK ruling party’s plan to scrap the Human Rights Act has sparked harsh criticism from the UN arguing that the act would be disastrous for victims of abuses and ruin the UK’s commendable record.

 

UN High Commissioner for Human Rights Zeid Ra'ad al-Hussein said the threat by the UK’s Conservative government to replace the act with a British Bill of Rights would leave many people unable to remedy the abuses they suffer.

 

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAAahUKEwjcgPfEo8XIAhWJXRoKHZYlAHc&url=http%3A%2F%2Fwww.theguardian.com%2Flaw%2F2015%2Foct%2F12%2Fun-official-warns-against-uk-plans-scrap-human-rights-act&usg=AFQjCNHLFJNSZcX3Iq9RMC9HDnAPoPybRg

 

 

http://www.presstv.com/Detail/2015/1...-UN-criticism-

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There is a control freak tendency in some parts of the Tory and Labour parties. They fear citizens having rights, which have been fought for over a long period of time. Why penalise the majority, when it is only a few who use Human Rights laws to frustrate the commonsense application of law.

 

If they don't want to offer prisoners a right to vote, they can amend legislation to offer only limited rights of a few prisoners to vote. France did this and the ECHR ruled that France had applied law which was fully compliant with Human Rights.

 

There are a few terrorists who have used Human Rights laws to frustrate the process of them being deported from the country. As was proved with Jordan, UK government can negotiate full Human Rights protections, so someone wanted by another country can be deported. France seems to manage to deport people they don't want.

 

The Tory party have been taken over by extreme right wingers who hate anything that contains the word Europe. They are mostly small minded island people, who see the world in a very narrow way. It will be the same people who try to drag the UK out of the EU and cause the United Kingdom to split apart. Scotland will almost certainly vote to leave the UK, so they can join the EU as an independent country. Cameron could go down in history as the PM who isolated England from the world, because of the Tories being taken over by English nationalists.

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What is absurd is that a British Bill of Rights will only apply to England.

 

Such legislation will not apply to Scotland and Northern ireland. They have stated they will refuse to implement such legislation as it goes against their own constitution and Parliaments. The Welsh assembly has stated the same

 

The ironic thing is that we already have an English Bill of Rights 1689

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There are a few terrorists who have used Human Rights laws to frustrate the process of them being deported from the country. As was proved with Jordan, UK government can negotiate full Human Rights protections, so someone wanted by another country can be deported. France seems to manage to deport people they don't want.

 

Absolutely.

 

It would seem the Tories want to drive the separation of Scotland and N.Ireland from the UK, and the UK from the EU,

presumably as that would leave them in an unassailable position as political rulers of England (+maybe wales).

 

I think even the English would soon tire of that and all those people who don't vote, would start voting and the Tories would end up out of power even in that scenario - just too late.

 

Even Camerons American masters seem to wonder what he is playing at.

The Tory Legacy

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Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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As somebody who has never voted Tory I think the party misses out on a lot of voters who would vote for them as they seem to be too far to the right...

 

There seems to be no real middle ground in UK politics now and all these Human Rights 'abuses' are getting silly.

 

We are going the way of America in this, did you see the case lately which got thrown out where a lady was suing her young nephew as he had jumped up at her to cuddle her and she ended up with a broken wrist?

 

Perhaps some Tory MP will use Human Rights to claim that their privacy is being violated by the media because they are a Tory MP.

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Much of what we see is down to human population numbers and a fear of what is happening in the world. The European Court of Human Rights does not look at very many cases from the UK as it is very expensive for people to pursue. The cases that are looked at, mostly go in the favour of UK governments position.

 

But going back to population numbers and fear, there is growing anxiety being fed that Britain is under attack from all sides. Much of the media and some politicians would have you believe it was foreigners who were using HR laws to undermine British (English) values. Hence British bill of Right or English laws for English votes.

 

When you dig a bit deeper, it starts to look like pandering to a part of the population who are nationalists. They somehow believe that Britain would be a stronger economy if it separated itself from the EU and some international organisations like ECHR. Look at the newspapers over recent days with articles quoting some very rich British businessmen, who see Britain as some offshore paradise with lower taxes and trading with the world. But they miss the point that UK will still have to apply most EU regulations and HR requirements, because it comes as a condition of trading with other countries.

 

I personally don't want to see the UK isolate itself and become inward looking. I want UK government to take a commonsense view that Human Rights are essential to maintaining a fair equal society and that pandering to nationalistic views is potentially damaging. The UK has a real mixture of people from many different origins, with different religious and political views. If you feed some nationalists, they will see it in a different way to most people, with increased hostility to those they see as not British or English. Human Rights law is there to prevent discrimination and to allow a diverse society to exist. Trying to wrap Human Rights in a Union Jack sends the wrong message.

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With the ECHR 27 other member states and half a Billion people have no issues with the convention. It is only the British Media and right wing government that whipp up this nationalistic fervor

 

Does history teach us anything as to why the ECHR was originally conceived??

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With the ECHR 27 other member states and half a Billion people have no issues with the convention. It is only the British Media and right wing government that whipp up this nationalistic fervor

 

Does history teach us anything as to why the ECHR was originally conceived??

 

If only the original conceptions of ECHR were adhered to it might be more acceptable, but

Labours " open door " policy flooding the UK " economic migrants" and opening putting

migrants before our own citizens caused immediate problems.

 

Why on earth should immigrants from anywhere have " rights" to access the UK welfare

and benefits having contributed nothing whatsoever, it's wrong and needs top be stopped .

Opt out of the ECHR now. Put the UK first.

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You need to Google "Margin of Appreciation" on how human rights legislation is interpreted on its signatories

 

The ECHR convention has nothing what so ever to do with EU Treaty law and the issue of free movement of people and goods

 

The ECHR came into force in 1953

 

The EU (EEC) in 1957- Treaty of Rome

 

The myth of migrants accessing our welfare state has already been settled by the compulsory Habitual residence Test that any non UK national has to satisfy before gaining access to our welfare system.

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If only the original conceptions of ECHR were adhered to it might be more acceptable, but

Labours " open door " policy flooding the UK " economic migrants" and opening putting

migrants before our own citizens caused immediate problems.

 

Why on earth should immigrants from anywhere have " rights" to access the UK welfare

and benefits having contributed nothing whatsoever, it's wrong and needs top be stopped .

Opt out of the ECHR now. Put the UK first.

 

Migrants have been moving around the world for thousands of years, so the current situation is no different.

 

Migrants are the same as people born in the UK i.e a mixture of people, some who will generate wealth for the country and some not. Jewish people who migrated to the UK before WW2 have contributed a lot to the country. The Asians who migrated to the UK during the last 60 years have also contributed a lot.

 

The National Health service would not be able to run without foreign Doctors and Nurses. At a local Hospital they have Doctors and Nurses from all around the world. When i badly broke my ankle many years ago, the consultants were Indian.

 

If the UK left the EU, the government would still allow hundreds of thousands of migrants per year to come to the UK to live. It would not make much difference and might make matters worse, as British people living elsewhere might face having to return. If you are a pensioner living in Spain, you receive local healthcare free at the point of access, as it is paid for by UK government under EU agreements. If this funding was withdrawn, some of these pensioners will face having to return. Also many EU nationals looking for work may come to the UK before any exit date. The population would increase very quickly.

 

People who are against ECHR should explain exactly what rulings have affected their lifes. I suspect it has nothing to do with ECHR, but relates to existing British law.

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There have been some posts on this short thread that are inappropriate and have been dealt with.

 

It is possible for people with differing opinions in politics to have a sensible debate without getting into personal insults.

 

If you cannot deal with differing opinions without being respectful, I have to ask, "Why come to CAG?" One of the reasons people come here is that we don't (generally) judge them. We help!

 

Sensible discussion is fine.

 

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Why on earth should immigrants from anywhere have " rights" to access the UK welfare

and benefits having contributed nothing whatsoever, it's wrong and needs top be stopped .

Opt out of the ECHR now. Put the UK first.

 

As a general rule, immigrants do not have "rights" to access the UK welfare system. Some non-EU immigrants can receive benefits once they've been given ILR, and EU immigrants can receive certain benefits subject, generally, to reciprocity. It's not particularly easy for non-citizens to claim benefits, lurid tabloid stories notwithstanding.

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As a general rule, immigrants do not have "rights" to access the UK welfare system. Some non-EU immigrants can receive benefits once they've been given ILR, and EU immigrants can receive certain benefits subject, generally, to reciprocity. It's not particularly easy for non-citizens to claim benefits, lurid tabloid stories notwithstanding.

 

The lurid tabloid stories may be over stated, but immigrants are entitled to benefits although the Tories are (rightly in my opinion) reducing and restricting those entitlements

 

http://www.nidirect.gov.uk/benefits-for-non-uk-nationals-do-i-qualify

 

... and lets face reality, the reciprocity is very one sided in most cases.

 

I'm not for demonising immigration but do think areas need addressing.

 

In fact, lets say we'll take every Syrian and Iraq nurse they have - right now.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Can we please stop this debate lowering itself into yet another immigrant bashing or anti EU thread

 

We need to concentrate on the real reason why the tories want rid of the act

 

Look at all the decisions our courts have made against this Government, especially on welfare reform as an example.

I can remember detention without trial, the Diplock courts etc

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We need to concentrate on the real reason why the tories want rid of the act

 

Look at all the decisions our courts have made against this Government, especially on welfare reform as an example.

 

You are right, it gets in the way of too many Tory policies, practices and intentions, but we should be opposing the change it because it prevents any one government from easily abusing peoples internationally recognised rights.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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There are certain laws that no Governments should touch or interfere with. The ECHR is an international convention. The tories are usng our legal system as ther own political play thing. They are the Peria of the western world at the moment with their nationalist isolationist policies

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Yes, I know that there are circumstances under which immigrants can receive benefits. Indeed, I have experience of this from both sides: I used to work for the DWP, and my wife is an immigrant (the "good" kind - she's a white native English speaker :-)) and we had to claim benefits for a while a few years ago.

 

Note that the link you've given only says "may be eligible" - it goes into no detail about Habitual Residence, Right to Reside or immigration status.

 

My point, really, is that there seems to be a widespread myth that just about anyone can wander in to the UK and start claiming benefits. This is emphatically not the case.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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