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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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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    • 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
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Taking Council to Court


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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

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If this service is still deemed to be the responsibility of the council then the claim should be fairly straightforward, although the courts may have like it better if you had gotten three quotes for the work and taken the best one. Unless you're charging less than this would have been for your work in which case no worries there.

 

Refusing to pay council won't get you anywhere except a bit of publicity maybe. It's like not paying bank charges before you start your claim - you still have to pay until you've proved you don't have to.

 

I'm not sure which law(s) would cover this but I do know local authorities legally have to perform any duties that are deemed their responsibility and can be taken to court in the same way businesses and individuals can.

 

Good luck and keep us posted.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 10 months later...

Good luck! Any news?

Edited by legalpickle
old post no longer relevant

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

 

have you issued the claim yet? v interesting thread

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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