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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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Is a mobility scooter an aid/device for the diasbled?


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Is a mobility scooter an aid/device for the disabled? This is the subject of this thread and how some LA's/HA,s see them as a pain. But legally are they an aid/device and or other ?

 

 

Please bear in mind that I already know this answer, I am hoping that others will see it differently.

 

 

So pop quiz time can you answer the following? Please supply links to your answers and an explanation...

 

 

A, are they an aid? (yes/no/other)

B, are they a device for the disabled only? (yes/no/other)

C, can a LA/HA ban them from their properties without breaking the law? (yes/no/other) what laws are/not broken))

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Hi just my opinion

 

1, yes they are an aid both my wife and I use one.

2, No anyone can purchase one from ebay.

3, my HA and Council have not been informed we have 2 scooters though the council have provided a ramp from door to street level, my wife is wheelchair user.

 

dpick

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A: Yes - for the elderly and disabled.

B: No - it would appear that the able bodied use them as well.

C: This is a difficult one - I have attached a pdf regarding the storing of mobility scooters/wheelchairs in communal areas, from one local authority (Charnwood, Leicestershire) I think. It raises the issues of these being a hazard in the event of Fire. So I guess in certain circumstances they could be banned.

 

 

HMAB 02 April 2014 Item 06 Update On Mobility Scooters.pdf

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A: Yes - for the elderly and disabled.

B: No - it would appear that the able bodied use them as well.

C: This is a difficult one - I have attached a pdf regarding the storing of mobility scooters/wheelchairs in communal areas, from one local authority (Charnwood, Leicestershire) I think. It raises the issues of these being a hazard in the event of Fire. So I guess in certain circumstances they could be banned.

 

 

[ATTACH=CONFIG]61862[/ATTACH]

 

 

Back to School for this poster lol

 

 

(A) disabled only, older folk are breaking the law! If they are not registered disabled...

(B) see A above

© this comes under the fire reform 2005 (Councils try their hardest to stop the use by residents)

 

 

I will post the correct answers later as it may surprise some that use them....

 

 

The only time a non disabled person can use one is if they are demonstrating one for sale or training a user... + You must be over 16 to use one as well

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Interesting, thank you MM :)

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Finally those of us that do use them and are class 3 MUST BY LAW register them with the DVLA and tax them both of these are free for the user. Currently there are over 300,00 illegal mobility scooters in use within the UK...

 

 

As users we can get tickets/FPN's/arrested/prosecuted for the following as well. Plus many more. Who said we had it easy?

 

 

1. Using a mobile device (phone)

2. Speeding (4mph on the pavement) 8 MPH on the road

3. s59 RTA for antisocial riding

4. Failing to stop after a collision, (furious riding) old law still current! s35 offences against the person Act 1861

 

 

s35 - Drivers of carriages injuring persons by furious driving. Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/35

 

 

If you have a class 3 scooter and fail to tax it (free) you can be prosecuted in Court for it too, same rules apply see here >> http://www.esda.org.uk/registeringamobilityscooter/173

 

 

You can be arrested for drink/drug driving/failure to supply too.

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Currently there are over 300,00 illegal mobility scooters in use within the UK...

 

 

Is this through people owning/using them when they are not permitted or not having the tax ?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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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This is failing to register them. If not correctly registered therefor no tax which means you can be done, so to speak. I would hate to see the figures for those illegally using them I.e. not disabled. Some time this year there is going to be a report or the like where Police officers can stop one and ask the rider these very questions. Believe it or not they can be clamped for no TAX!! although this is free.

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That is going to spark some controversy, a clamped Mobility Scooter ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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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"Registered"? Is there a register of disabled people? How do people apply to be registered?

 

 

See here >> http://www.nhs.uk/chq/pages/2571.aspx?categoryid=155 or google using this search format >> how to be registered as disabled

 

 

This 'register' is not a register as in the meaning but as you can see from your searches it means several things.

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I know this is a hard one. But from the start it is clear that this is what we deem as a label and this is unfair. I am about to post a link in the special needs section on ABI and I am hoping that so many will watch it as it shows what we have to deal with on a daily basis and having a label makes it worse... see here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595

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In the dim and distant past before Motability was created you could get an invalid carriage they were three wheelers similar to trikes with a body attached used two stroke engines that stank like hell.

 

dpick

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See here >> http://www.nhs.uk/chq/pages/2571.aspx?categoryid=155 or google using this search format >> how to be registered as disabled

 

 

This 'register' is not a register as in the meaning but as you can see from your searches it means several things.

 

So it's unlikely that police will be challenging older people about whether they are physically disabled if there is no general register of physically disabled people. Police are happy to check people when they can check them against a database - whether a car is taxed or MOT'd, or someone is insured to drive etc. But if there's no database of disabled people police would have to evaluate whether someone met the criteria for disability in the Equality Act 2010 at the roadside, something even medical professionals specialising in disability would hesitate to attempt [ie that the person has "a physical ... impairment [that] has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities"]. So unless police spot someone leaping off their mobility scooter and sprinting off round the park it's pretty unlikely that aspect of the law will be enforced.

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The Police have this ability now anyway, under the road traffic act, as a class 3 scooter MUST be registered with the DVLA. This is something that is going to change in the very near future as far as being stopped and checked. As far as checking the 'database' if the scooter is correctly registered it will show up on the PNC database already... A correctly registered class 3 scooter will have a number plate assigned to it, although you are not legally required to display it.. Maybe the should be required to be?

 

 

Please bear in mind an Officer in uniform can stop ANY vehicle and ask questions. Is this yours, is this taxed and so on. I used to have a number plate on the back of mine, just for safety, so they could do a PNC check and see if I am the registered keeper. This is something that is now being looked at and maybe some new changes in Legislation will be coming out soon.

 

 

There is currently a discussion taking place in the Houses of Parliament to make insurance compulsory for all scooter users. This would give even more abilities to check whether or not the vehicle is 'legal' so to speak.

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I understand about registering and checking the VEHICLE mikeymack - easy for police as they can check against the DVLA database - it's whether the DRIVER is physically disabled that they can't check against a database. Police would have to carry out a medical disability assessment at the roadside which seems unlikely

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This is a very hard one to answer but you can see where this could go, a very touchy subject too. There is a thread http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595 that goes to show how hard it can be to show you are disabled...

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I know this is a hard one. But from the start it is clear that this is what we deem as a label and this is unfair. I am about to post a link in the special needs section on ABI and I am hoping that so many will watch it as it shows what we have to deal with on a daily basis and having a label makes it worse... see here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868595#post4868595
8

 

Another label that may seem wrong is the word handicapped as it could imply going 'cap in hand'..

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8

 

Another label that may seem wrong is the word handicapped as it could imply going 'cap in hand'..

 

I've read a few websites on that and the majority seem to think that the origin of the word is more likely to have to do with horse racing and gambling.

 

HB

Illegitimi non carborundum

 

 

 

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It's very strange what names we are given as a disabled person most of them derogatory. Why?

 

Probably because disabled people in some cases are seen as a financial burden on public services so words like invalid and handicapped fit in with an idea that 'why can't these people pay for their own care'. Just a thought..

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Oh. I'm going to hold my breath and count forever....

 

How about able bodied people paying what they owe! Not many disabled people owe council tax arrears.

 

If you were to ask via FoI request how many 'normal' people pay it on time. You may find that we suffer for lack of services because they don't want to pay. .. Then you have cuts to consider as well.

 

To save the LA money in care my family like many others are unpaid carers that help me out. Why because they can and they care...

 

I would hate to see an able bodied person go from being a great worker and home provider. To being disabled in a matter of seconds.

 

One label that's acceptable is disabled. Let's stick with that...

 

You should see here http://www.consumeractiongroup.co.uk/forum/showthread.php?460735-Aquired-brain-injury-(the-hidden-disability)&p=4868668#post4868668

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