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    • All righty, seems I know why it was so quiet, basically the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
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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
        • Like

New Proposals for Driving Tests


Conniff
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New proposals to improve the driving test including incentives to be better prepared form part of a consultation launched by government today.

 

Driving test

 

•biggest shake up of the driving test in a generation

•proposals for a ‘cashback’ incentive for the driving test, introducing in a deposit which is returned to the driver if they pass, encouraging learner drivers to take their test when they are ready

•government wants to hear your views on how to improve the service offered by DVSA and DVLA

 

The Department for Transport (DfT) has launched proposals to improve the driving test as part of a wide ranging review of motoring services in Great Britain.

 

Only 21% of driving tests result in a first time pass. The majority of tests are repeat examinations.

 

Reduced driving test fee

 

Under the new proposals the driving test fee would be reduced by requiring learner drivers to pay a deposit when they take their test, which they get back if they pass.

 

This will help make sure learner drivers are:

•better prepared for taking their test and driving independently

•less likely to have an accident in the months following the test

•taking their test when they are ready and confident of passing

 

An incentive to be prepared

 

Transport Secretary Patrick McLoughlin said:

 

“We want to make learning to drive safer and more affordable. This change will give those who pass first time some money back and provide an incentive for learners to be more prepared before they take their test. These common sense proposals mean that all learner drivers can feel the benefit.

 

“This consultation is a really important step and we want to hear all views.”

 

Steve Gooding director of the RAC Foundation said:

 

“We support measures that will encourage learner drivers to get the experience they need to pass their test first time with flying colours, rather than barely scraping through or failing and having to repeat the process a few months down the road at yet more expense.”

 

Improving road safety and increasing efficiency

 

The consultation also sets out proposals to:

•introduce more driving test appointment times, including weekends and evenings

•offer tests from a range of venues

•review fees for all services provided by motoring agencies

•change providers for some services

•combine services at motoring agencies

 

The consultation is part of the government’s ongoing work to streamline public services and save the taxpayer money.

 

 

Email:

 

motoringservicesstrategy@dft.gsi.gov.uk

 

Write to:

 

Edward Bunting

Motoring Services Agency Sponsorship

Department for Transport

Zone 2/29

Great Minster House

Horseferry Road

London

SW1P 4DR

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Would love to have seen compulsory sections for driving at night, driving at speed etc

 

I recently had a driving assessment for work and the emphasis seemed to be on things like indicating less (as in 'who' are you indicating to when it should be obvious to other road users what your intentions are - eg when in a left hand filter lane at a roundabout or when there is nothing behind which is close enough to need to know why you are signalling). Also, driving more towards the centre line rather than the kerb so that you can see around anything in front of you and using brakes rather than gears to slow down.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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You can always drop them an email and make your points known. I'm also with you on the brakes v gears thing. It's a lot cheaper to replace brakes than it is a clutch.

Although you can do that with the driving school car as that's not yours :)

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Would love to have seen compulsory sections for driving at night, driving at speed etc

 

I recently had a driving assessment for work and the emphasis seemed to be on things like indicating less (as in 'who' are you indicating to when it should be obvious to other road users what your intentions are - eg when in a left hand filter lane at a roundabout or when there is nothing behind which is close enough to need to know why you are signalling). Also, driving more towards the centre line rather than the kerb so that you can see around anything in front of you and using brakes rather than gears to slow down.

 

But what harm does it do to signal unnecessarily? Better that than not signalling when there is a need and leaving other road users to second guess.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I indicate all the time, whether anyone is there to see me or not. My reasoning. If I fail to indicate when I don't need to, will I fail to indicate when I do need to.

 

The amount of times I wait at roundabouts not knowing what the muppet not indicating intends to do annoys me greatly

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Me too, SF. Or at crossroads when I could turn right into the road ahead, but people indicate at the last minute that they're turning into the road I'm coming out of so I'm stuck there. If they indicated early, I could pull out in front of them without blocking them or doing anything dangerous.

 

HB

Illegitimi non carborundum

 

 

 

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