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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
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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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Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**


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Yeah it takes him a while to get back to me. I’ll email this morning and ask and if I have no joy I’ll call up this afternoon. 

 

I’m at court tomorrow. My solicitor has just had this reply…

 

Further to your email of 7 October 2022, I can confirm that we are now in receipt of instructions from our Client Department. 

 

The case has been reviewed by a Senior Officer and your submissions regarding your client’s circumstances have been taken into account. However, the decision has been taken to proceed with the offence. 

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Hello,

I have been through your situation earlier this year. 

I represented myself and got a fine. 

 

In terms of insurance not all insurers ask for convictions other than motoring conviction. A fraud conviction is not a motoring conviction so in a perverse sort of way having a fraud charge rather than a road traffic act conviction is better in terms of car insurance. I cancelled my old policy and took a brand new one out which did not require disclosing of non motoring convictions. 

 

For household insurance it doubled my premium and got it through an online broker. I cancelled my old policy and then took the new one out. 

 

Do not tell your current insurers about your conviction, just cancel the existing policy and then take new ones out that do not require disclosure of the fraud conviction at least for motor insurance purposes.

 

You want to avoid your current insurer cancelling your policy that is why I suggest cancelling said policy from your end first. For household do the same but use an online broker for the new policy.

 

For household insurers you will have to notify the broker about the conviction. 

 

Do your research when looking for new insurance providers. 

 

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I know your work situation is extremely worrying.  I don't want to downplay things.

 

But as for saying "how come you only got a fine"?  Surely you realise this is the most petty offence the magistrates will ever have seen and the most you will get is a fine.

 

Unfortunately this will still mean a criminal record and potential bad consequences at work, but for the court appearance itself you will be in and out in a few minutes with only a small hole in your wallet at most to worry about.

 

Been there, done that.

 

 

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Thing is it’s going to change everything… I will lose my job and as for insurance I have quoted it’s £200 a month more. I cannot afford that! 
Therefore I will not be able to drive. My children will have to change school as without driving it will be impossible to get them there for the right time as they are at different schools. 

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10:30 this morning 

 

Thank you 

 

I have read so many different things though… people in the same situation as me get a fine others a fine and a criminal record. I just wish it was consistent so at least I would know what was coming. 
 

 

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the home insurers load up the premium because of the conviction.

 

have you told your insurers you will be getting a conviction? if you haven't already don't tell them.

as i explained cancel your policy and take a new policies up elsewhere. 

when you get home after your conviction cancel your existing policy and look for one which does not require disclosure of NON-motoring convictions. This way you will not be paying more premium for car insurance.

 

For home insurance do the same, cancel existing and take out a new one with an online broker. I can provide a link if it is allowed.

 

I got a fine because the starting point for my offence was a fine as told by the court clerk. the judges then determine if there are aggravating or mitigating circumstances. I pleaded guilty straight away and expressed remorse so that got me a low level fine compared to a higher fine or community service.

 

We have bot been unlucky in the sense that only a handful of council prosecute under the fraud act, most prosecute under the road traffic act only which is a lesser offence, some even offer a caution!! but this is the situation and you cannot change it now. You need to focus on damage limitation.

Edited by dx100uk
unnecessary previous post quote removed
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