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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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Team effort – Unlawful "Head H" bailiff fees for the attention of MoJ


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Outlawla,

 

There are three Common Law offences, which are still in force, and which might be useful to you -

 

1. Conspiracy to Defraud - This should not be confused with Conspiracy under Section 1, Criminal Law Act 1977, which has a narrow scope. The offence of Common Law Conspiracy to Defraud has a much wider scope and covers offences involving real estate (land and property);

 

2. Misconduct in A Public Office - Those who are at risk of falling foul of this offence include: Customs Officers, Borders Agency Staff, Local Government Officers, Civil Servants, Police Officers, Police Community Support Officers (PCSO), Judges, Highways Agency officials, DVLA staff, Driving Examiners, County Court Bailiffs;

 

3. Perverting the Course of Justice - Making a false report to the police can be enough to commit this offence. Basically, all that need happen is that the offender makes a allegation to the police that someone has committed an offence with the intention that the person be arrested and/or prosecuted or reckless as to whether they be arrested and/or prosecuted, knowing the allegation to be false or reckless as to its veracity. If the person against whom a false allegation has been made is arrested and/or prosecuted as a result, this would be aggravating factors. Perverting the Course of Justice can take other forms.

 

Take a look at CPS Legal Guidance for information on the points to prove for each offence.

 

Hopes this helps.

 

As far as the Slaphead of State for Work and Pensions goes, he needs to be pressed as to why no action is taken against JCP staff who tell claimants to not mention ages and medical conditions on job applications and threaten to sanction such claimants if they don't comply. I had someone come to me after a JCP adviser told them not to mention in a job application they were in their late 50s and had a medical condition. The claimant revealed the JCP adviser's "advice" to the prospective employer who thanked him for his honesty and revealed that failure to disclose the medical condition would have potentially invalidated his Employer's Liability Insurance, rendering him liable to a possible £70,000 fine and a criminal record to boot. Notwithstanding, the claimant could also have been prosecuted for Fraud by Failing to Disclose Information.

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You're welcome, Outlawla.

 

The important bits are under the main heading Definition of The Offence. This shows the elements that have to be present in order to provide grounds to suspect that an offence has been committed and the points to prove in order to provide grounds for prosecution and conviction.

 

The link you have posted is, indeed, the relevant webpage for one of the offences I mentioned.

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  • 9 months later...

I can confirm the provision is already having a desirable effect on corrupt and malfeasant police officers. Since coming into force on 13 April 2015, I know of incidents where police officers of the ranks of Constable, Sergeant and Inspector have read printouts from http://www.legislation.gov.uk.

 

Three (3) Constables' faces went white as sheets after reading printouts and they left hastily;

One (1) Sergeant nearly fell off his chair. And he wasn't laughing either;

One (1) Inspector read it and and the look on his face indicated there was a possibility he had messed himself. Another Inspector, on being made aware of the legislation, voiced concern that senior officers had not made frontline officers aware of the provision or arranged any training. This Inspector, incidentally, was a reasonable person and indicated he was going to challenge senior officers about their apparent failure to arrange training.

 

The prospect of 14 years' imprisonment is a very sobering revelation for serving police officers.

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