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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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
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Disability and Free Planning applications


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Hello

 

I recently made a Planning Application to the local Council to make some adaptations to our house for a disabled person.

 

On the application form/guidelines it stated that the application was exempt from application fees, if the application was for use of a disabled person. The application was made and adequate proof was provided to show that the person was disabled.

 

The Council accepted the application. However, after a week they called to say that as the Disabled person was not currently living at the Planning Application site , that the application was invalid and the fee would have to be paid to progress the application.

 

I had a look into this and the following rules apply:

P { margin-bottom: 0.21cm; } The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

In that regulation, a “disabled person” means—

 

 

4. (2) (a)a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948(1) (welfare arrangements for blind, deaf, dumb and crippled persons, etc) applies.

In those rules can be found :

P { margin-bottom: 0.21cm; }

Exceptions – access and facilities for disabled persons 4.—(1)

 

 

4.—(1) Regulation 3 (the requirement to pay the local authority a fee) shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to—

P { margin-bottom: 0.21cm; }

for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse,or of providing facilities designed to secure that person’s greater safety, health or comfort.

I pointed this out to the official and they have now reinstated the application for free.

So, Contrary to what you may be told by your Local Council, if you are making a Planning Application for a Disabled person it is free!. even if the Disabled person is not residing at the Application site.

 

Which makes absolute sense, if you consider that a disabled person may want to see if he or she can alter a property for their use before purchase.

Hope that helps someone uphold another regulation that the Council seem unaware of.

nn

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