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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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      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.  

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      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.

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      Many thanks 
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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.
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      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
        • Like

Lousy Luck or Lousy Dealer????


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Hello

 

First post and wondered if you have any advice you can pass on :) .

 

I bought a 2nd hand Brava which in the first 6 weeks gave me a catalogue of issues, ending with head gasket problems. Now fixed. It was off the road over two weeks. I lost days in work as I am a temp and unable to get in without a car.

 

When my car gave up after the sixth week the first mechanic took apart the coil plugs and one of them was held together with electricians tape. He said this could have caught fire at anytime and if he had sold a second hand car this is the first thing that he would have checked and replaced. He believes this contributed to the head gasket problems.

 

One of my questions is coil plugs being held together with tape, could this have been deemed as dangerous and should this been checked over by the 2nd hand car dealer and replaced?

 

I was not given a warranty from the dealer, he said that as soon as I drive away it is my problem not his :-x .

 

Also, my MOT certificate says it has 67k miles on the clock, the receipt and the car it is plus 80K miles - what do I do about this???

 

Your advice is much appreciated.

 

Merlot

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The problem with the coil is very unlikely to have caused a fire or for that mater caused a particularly dangerous problem. It is also very unlikely to have contributed to a head gasket failure. Two weeks to repair a head gasket is a little slow even taking into account getting it skimmed etc

 

However as a motor trader he must take some responsibility for the goods he has sold you but this will depend on age mileage purchase price and that sort of thing. He cannot sell you a car and take away your legal right for the goods to be of merchantable quality and fit for the purpose intended (unless you bought it as scrap) although I know many traders that try this. Speak to trading standards

 

As for the mileage on the mot that could be a genuine mistake but having worked in the motor trade for over 30 years I have seen many strokes pulled with mileage and various documents, to many to list here.

  • Haha 1
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The problem with the coil is very unlikely to have caused a fire or for that mater caused a particularly dangerous problem. It is also very unlikely to have contributed to a head gasket failure. Two weeks to repair a head gasket is a little slow even taking into account getting it skimmed etc

 

However as a motor trader he must take some responsibility for the goods he has sold you but this will depend on age mileage purchase price and that sort of thing. He cannot sell you a car and take away your legal right for the goods to be of merchantable quality and fit for the purpose intended (unless you bought it as scrap) although I know many traders that try this. Speak to trading standards

 

As for the mileage on the mot that could be a genuine mistake but having worked in the motor trade for over 30 years I have seen many strokes pulled with mileage and various documents, to many to list here.

 

Thank you for taking the time to offer your experiences, much appreciated :)

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