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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
      • 161 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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Driving offences


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If you were convicted of dangerous driving you need to take an extended re-test. Under s36 of the Road Traffic Offenders' Act you are disqualified from driving until you pass that test. Until you do, you may only drive as a "provisional" licence holder - that is, you must display 'L' plates and have a qualified driver supervising you. If you were caught on your own or without 'L' plates you were driving whilst disqualified. That offence carries a maximum sentence of six months custody, as does failing to stop following an accident.

 

Were you eventually stopped? If not, have the police made any attempt to contact you? 

 

It's impossible to give a view on what the likely outcome will be unless and until you know what you are to be charged with.

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Yes they was chasing me at the time. I think there was another offence but I can’t remember what it was, possibly driving without care and attention.

 

You cannot be prosecuted for both dangerous driving and careless driving as they are statutory alternatives (that is, if you are guilty of one, you cannot be guilty of the other). For that reason the police will not charge you with both.

 

As far as the insurance matter goes, you (and your brother) have serious problems. You both need to think very carefully about what you tell the police if you are questioned about it (though they may already know what the true position is).

 

If you are charged with either dangerous driving or driving whilst disqualified, you will be eligible to see the duty solicitor on your first appearance only in court. He or she will be able to advise you on your pleas and probably help you with a Legal Aid application, but that's all. If, as you say, you have been earning good money, it is unlikely you will qualify for Legal Aid. However, cross those bridges when they come because for now it's important to wait until you know what you will be charged with.

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I’ll quit my job and be a bum on the dole

 

I try not to be judgemental, but it is clear you need some assistance with your thinking.

 

Far better to be a "bum on the dole" than to drive whilst disqualified and uninsured and cause an accident where serious personal injury is involved. Fortunately it was only a set of railings this time. If you cannot do your job or get to it without driving then you must consider an alternative. Driving is simply not an option for you and it won't be for some time to come. After any further ban is ended the cost of insurance (if you can get cover at all) will be so prohibitive that you will probably find it cheaper to travel everywhere by taxi.

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