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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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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
        • Like

Another Brighthouse Query


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We recently got in to arrears with our payments, as i have been off work the last 6 months through illness.

The contracts we have are all in my name.

My wife visited the store as i'm housebound to explain the situation.

Whilst there, they re-wrote the 5 agreements we have with them, making her sign them, although they are in my name!

Although the copies she was given, they told her she didn't need to sign, though they have signed the lenders part.

 

My query is, do they have a legal right to re-write an agreement without my consent?

And with my wifes signature, and the agreements clearly in my name, is this still now a legal document?

 

I'm also concerned that they told her not to sign our copies, though they have signed the lenders part.

 

Should i get her to sign and back-date them, as to when she signed the stores copies?

 

Many Thanks in advance for all your advice

 

Trev

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Hi Saints,

 

Sorry there's been no response yet - there been a fault stopping others replying to you.

 

I hope you will get some advice shortly but don't sign anything yet.

 

Slick

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Hi Saints,

 

Sorry there's been no response yet - there been a fault stopping others replying to you.

 

I hope you will get some advice shortly but don't sign anything yet.

 

Slick

 

Many Thanks.

 

I've never known a company to allow a spouse to sign an agreement on their behalf before without consent.

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I think this is way out of order (but this is BH we're talking about).

 

Clearly it cannot be allowable for your wife to sign a credit agreement with your name on it.

 

And, as for the unsigned copy, I think s63 of the CCA 1974 applies:

63.--(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.
Others may offer additional advice, but I think an immediate complaint to the FOS and OFT is in order.

 

Let's hope this could be another nail in the coffin - BH having their CC license revoked.

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We recently got in to arrears with our payments, as i have been off work the last 6 months through illness.

The contracts we have are all in my name.

My wife visited the store as i'm housebound to explain the situation.

Whilst there, they re-wrote the 5 agreements we have with them, making her sign them, although they are in my name!

Although the copies she was given, they told her she didn't need to sign, though they have signed the lenders part.

 

My query is, do they have a legal right to re-write an agreement without my consent?

And with my wifes signature, and the agreements clearly in my name, is this still now a legal document?

 

I'm also concerned that they told her not to sign our copies, though they have signed the lenders part.

 

Should i get her to sign and back-date them, as to when she signed the stores copies?

 

Many Thanks in advance for all your advice

 

Trev

 

Hi Trev

 

How far into the original agreements were you before you got into difficulty? Had you paid more than one third of the amounts?

 

If so, this tactic is very typical of Brighthouse.

 

By "re-setting" your agreements they have, in effect, taken away your consumer rights regarding early settlement and repossession. This means it's easier for them to take back their goods if you get into difficulty again. They will not require a court order, whereas before THEY DID!

 

My advice would be to return the new agreements and make it very clear that you do not acknowledge them as you did not sign them - nor did you negotiate (or ask for) an account re-set.

 

If your original agreements include optional service cover, simply by removing it can reduce your payments dramactically! (Plus, if your account(s) is in arrears, the service cover is not valid and you are paying for absolutely NOTHING!)

 

If you need any further help, get back to us.

 

 

Cheers

Lefty

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Thanks for all the replies to date.

Lefty,

I never thought about the 1/3rd rule, all but 1 applies to that.... and the that didn't was rewrote as i got them to take the optional service cover off!

None of these have optional service cover on.

 

I sent an email to FOS and ConsumerDirect on the advice of Steven4064 - Many Thanks

I have already had a response from ConsumerDirect stating they have passed it to my local Trading Standards Office, and not a few hours later they phoned me requesting for me to send in copies of the agreements, before and after which i will do tomorrow.

When recieved they will look in to this and said they can discuss next steps on the phone or come round to me at a convinent time.

 

Seems to be moving quite quickly which i'm pleased about and I will of course up date the thread when i know more.

 

Many Thanks again to all those who have replied.

 

Trev

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The account is your name so the only person who can amend them is you.

 

If you have not signed them then they are not legal as your signature identifies that you agree.

 

If you look at your original contracts it will give you a figure that states BH cannot repossess your goods without a court order.

 

I have worked for a similar company called Buy As You View - the Credit Consumer Act is the same for HP regulated companies.

 

I have never heard of either company taking anybody to court for non payment because once you have paid the price of the goods the judge would rule that the interest be written off.

 

I was a debt collector with BAYV.

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  • 4 weeks later...

Bump Bumpity Bump!

 

Greetings folks!

 

Hopefully, we will have successfully lured you back to this thread via a “new post” notification email! :wink:

 

We are trying to collect stories of people's experience with Brighthouse. Eventually we would like to make up a dossier.

 

We would like to know about how Brighthouse staff have treated you, particularly if you have got behind with payments.

 

We would also like to know if you have been pressurised to take out any insurance or optional service cover (OSC).

 

Furthermore we would like to know about problems you have had with goods from this company and how Brighthouse have handled repairs or replacements.

 

Here is the link to the thread to post your stories.

 

 

 

http://www.consumeractiongroup.c o.uk/forum/brighthouse/131337-brighthouse-horror.html

 

 

Please don't add your story to this thread. Use the thread in the link above.

 

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

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