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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
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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.

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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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water damage from neighbour again, insurance or court claim?


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a couple of year back my neighbour had a major leak and the water came through the wall into my property (semi detached) and damaged the wall, I had to use my buildings insurance to repair and they contacted owners insurers, all seemed fine.

 

now they have another leak!??? I am so frustrated, the water comes through the wall and can be seen outside coming through the bricks, the tenants say the water from the bathroom is coming into the kitchen and no matter how many times they ask the landlord to fix it he does a botch job on the cheap, (IMO) and the problem remains.

 

what can I do to get this irresponsible owner who is a bit of a mystery to sort this out?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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would this get a better response in a different thread mods, any ideas:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

Hi I'm not sure if you got any help elsewhere. I've had a very similar problem myself with my neighbour in the upstairs flat.

 

In my case my neighbour refused to pay-out (as did her insurance company) arguing that the flood damage was not foreseeable. Thankfully in your case it seems common sense prevailed.

 

Clearly this problem is on-going. I think the same approach as before needs to be taken; though why it should come off your policy is beyond me. My feeling is that the neighbour or whoever should pay on their policy or in the alternative pay any excess on your policy and/or make any payment needed to protect your no claims bonus (though i suspect you may have none if you made a claim last time).

 

With regards to getting the problem fixed i think simply economics need to be applied. They need to realise that every time there is a problem they will need to pay out. The time and expense to them of doing so will be far greater than simply rectifying this. Sadly not everyone sees such logic.

 

Just one thing to consider, in my case the only option i had was to take my neighbour to the small claims court. As the bill was £300 i absorbed the costs myself as you need to bear in mind that if you ever sue a neighbour (or indeed settle out of court) this is arguably discloseable when you sell a property. This may or may not impact on your ability to sell a property - particularly at the moment when the housing market is so poor.

 

Hope this is of some help.

 

BB

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thanks, hope we dont get as far as court with this but nothing else seems to have helped, neither water co nor council, planning, building control or environmental have any power to act.

 

we will see.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 year later...

thanks this is the one, also just updated another, I won this case in court but it has never been paid, so am now pursuing a warrant of execution most likely.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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