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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 used for testing (and ours reinstalled) 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? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? 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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      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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Esure and going to court to reclaim my excess


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Hi my insurers are Esure and back on the 16th November 2009 a lorry switched lanes and clipped the passenger side of my car and drove off damaging my car with £1100 damage. I finally have a court date set for 26th October 2010. I have had my car repaired at £450 excess and now the court require a further £75. I want to know if I should continue down the small claims court route or should I just give up at this stage and call it a day.

 

I have captured a poor quality image of the lorry driving away and managed to record its registration number. I feel compelled to go to court as I was 100% in the right. I am worried that the judge will go down the 50/50 route and i will get nothing. any help with this would be much appreciated. Many thanks

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You have the court date, so I think you should just go for it. The other side may not turn up anyway and you could win by default.

 

If they do turn up, you might need a bit more evidence than a poor quality picture of the lorry. Did you have any other witness to what happened? If not, I suspect the lorry driver will say that they know nothing about the accident.

 

What you have to realise is that the lorry drivers future career could be at stake. This could be an accident that ' breaks the camels back' for which the employers might not be happy. So they might well vigorously defend your claim.

We could do with some help from you.

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What is the 'further £75' for? Also, who is taking the court action, you or Esure?

 

What confuses me is the cost to you is your excess (your Uninsured losses), BUT also as a claim against your insurance, there is also a value on your loss of NCD which should also be quantified and pursued. If Esure decided not to pursue the matter, but you did - you would be pursuing their full costs too (of the repair) as you could reimburse them and have a clean sheet.

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You should sue for the full amount of the repairs. If you win then you repay esure their outlay and there is no NCD issue.

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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