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    • and as expected   UK rejects mobility agreement with Europe to help young people travel and live abroad WWW.INDEPENDENT.CO.UK Labour also rejected the possibility of an EU-wide scheme for young people a Government spokesperson said there was no interest from the UK side, adding that “free movement (for UK plebs) within the EU was ended”.
    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
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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 
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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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Final text of new data protection rules expected by summer


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The final text of new EU data protection regulations is expected to be published in late spring/early summer, according to the European Parliament.

 

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The full final text of the regulations has not yet been released (as at January 18), though mandatory new requirements have already been confirmed. These include the right to be forgotten, the right of portability and privacy by design. The processing of personal information will also become more consent-based than current data protection rules.

 

The GDPR is one of two packages the EU is launching to reform data protection and strengthen the rights of individuals over how their personal data is used.

 

 

The new rules around consent will mean companies will need to get specific, informed consumers will need to give specific, informed consent for certain uses – uses which should become clear in the final text.

 

Individuals will get more and better information on how their personal data is processed and the EU says it should be available in a “clear and understandable way.”

 

Stricter timescales will also apply for notification toe the supervisory authorities of a data breach. This will be 72 hours where feasible. Any individual affected will have to be informed “without undue further delay” if there is a high risk to their rights and freedoms.

 

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As for protecting privacy, safeguards will be expected to be built into services and products from the earliest stage of development and privacy default settings will be the norm.

 

Stronger enforcement will also be included. Non-compliance with the new regulations could lead to severe fines. The largest outlined in a previous text for the GDPR was four percent of global turnover for the breaching company.

 

 

This will be good news in respect of non compliance - currently our Information Commissioner is very wishwashy in enforcing where consumers have been affected by data breaches.

 

“The regulation returns control over citizens’ personal data to citizens. Companies will not be allowed to divulge information that they have received for a particular purpose without the permission of the person concerned.

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