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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
      • 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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The misery of registering an LPA with Lloyd’s.


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I’d heard how awkward banks can be with Power Of Attorney so I was pleasantly surprised when I registered the one I hold for my aunt’s financial affairs. It took about 45 minutes and seemed to be plain sailing. Sadly all downhill from then on.

 

I’d set up internet banking for her a couple of years ago when she could still deal with a fair bit on her own and would help her do anything she found confusing. We’ve bumbled along - if she needed things I’d tend to order them and get paid back directly from her account to mine. More recently as she’s gone into care and lost capacity I realised I would have to register this LPA with the bank and take over completely.

 

It’s been an utter disaster.

 

The bank deregistered her internet banking but left something on the system saying she is still registered. Try and log in and it says no longer registered, try and re- register and it says already registered. I have been every which way round with advisors in various departments and they all end up saying it is a fault with their system. This ‘fault’ has the added effect that they cannot verify my details. Her account cannot be accessed by her as I stupidly answered ‘no’ when asked if she has capacity and cannot be accessed by me because their systems cannot verify me for some reason.

 

Luckily I set up her online accounts with national savings etc. so could open a new bank account for her money to be paid into as necessary to pay care home fees and expenses. It doesn't sit well with me that this has to be in my name and I have to spend a great deal of time ensuring funds do not build up in an account which could (should) be subject to close scrutiny because it isn’t my money.

 

When she first asked for my help nearly all her money was in the bank. Thank goodness I suggested she move most of it or we would now be totally screwed. I now wish I’d never tried to do the right thing by registering that LPA with the bank. I could happily have continued logging into her online account to pay her expenses even though she was no longer really approving each transaction as had previously been the case. There are still small amounts which get paid into that Lloyd’s account occasionally and I don’t have enough detail to get them changed. None of it can be accessed until the day I can walk in there with a death certificate and her will.

 

With the benefit of hindsight I would suggest anyone thinking of setting up an LPA goes for the option of adding their proposed attorney as a joint account holder on their bank accounts instead. It could save an awful lot of time and stress.

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