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    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • The CMA’s latest monitoring report on road fuel shows that prices at the pump have risen since late January, accompanied by above average margins and spreads.View the full article
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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There is a precedent in that the McLibel 2 even though they lost against McDonalds they won damages against the UK & one of the main concerns of the EU court was that legal aid was not available to them. Therefore the trail was not fair & a clear breach of Article 6

 

They also criticised the law in that there was little protection for those who spoke out against corporations which affected the everyday lives of citizens & the environment. They thought our libel laws too erroneous. Of course in this regard they are wrong its the Judgments that have been too erroneous

 

As the Banks have said it is in the interest to take it higher and back then Mclibel2 ATE's were not so popular...can't ATE be used by Walls

 

m2ae

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hey well im just sitting here doing nuthin important and watchin nurses.

 

hope all is aok in the land of the living.

 

Word as it mateys that the milk suply is being restricted in some areas due to a stopage in delivery of some kind.

 

Heyn ut you know this link shud keep the mind focused and distracted for a while you think?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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OK whuts mae2 confused about were all here to help?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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The FSA has backed earlier guidance issued by the OFT and confirmed that, in its view, ‘read and understood’ terms in consumer contracts are unfair. The FSA said that including a contractual term or a tick box on a website asking a consumer to confirm that they had read and understood the contract would be unfair and in breach of the Unfair Terms in Consumer Contracts Regulations. Companies should not reject customer complaints because they had ticked a box saying that they had read and understood the contract. The FSA said:

“A declaration requiring consumers to agree that they have read and understood a contract is, in our view, unfair. This is because the statement may not be true and may not reflect what has actually happened. Consumers may not have either read or understood the contract and so are not in a position to declare that they have in fact done so. In this instance, the declaration is effectively meaningless and does not reflect the circumstances in which the particular consumer signs their contract.

The law requires consumers to be given an opportunity to examine all the terms in a contract.

A declaration of this nature could be used by a firm to claim that it gave customers an opportunity to read a contract when it did not actually do so. The firm could argue that because a consumer has signed to say that they have read and understood a contract, this means the firm has fulfilled its obligation to allow the consumer to examine all the terms. This may not in fact be true. Therefore the use of a declaration in this way is unfair.

It is preferable for ‘have read and understood declarations’ instead to give a clear warning to consumers that they should read and understand terms before signing them and that consumers should ask questions if they do not understand any terms”

The FSA thought that it was fair to ask consumers to make declarations relating to matters which were within their own knowledge, such as personal information including age, gender and address.

The OFT has already issued guidance which makes it clear that asking consumers to declare that they have read and understood an agreement is unfair.

“Declarations that the consumer has read and/or understood the agreement give rise to special concerns. The Regulations implement an EU Directive saying that terms must be clear and intelligible and that consumers must have a proper opportunity to read all of them (see Part IV). Including a declaration of this kind effectively requires consumers to say these conditions have been met, whether they have or not. This tends to defeat the purpose of the Directive, and as such is open to serious objection.

In practice consumers often do not read, and rarely understand fully, any but the shortest and simplest contracts. It might be better if they tried to do so, but that does not justify requiring them to say they have done so whether they have or not. The purpose of declarations of this kind is clearly to bind consumers to wording regardless of whether they have any real awareness of it. Such statements are thus open to the same objections as provisions binding consumers to terms they have not seen at all.

Much more likely to be acceptable is a clear and prominent warning that the consumer should read and understand the terms before signing them.”

Click here to read the FSA’s statement

Click here to read the OFT’s guidance

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Patrickq1,

 

Very good can you put the above in the PPI forum too as I believe it also applies there also.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Yes It Will Be Applied To Consumer Contracts ,if You Read The Full Eu Data Protection Act Its In Their,you Can Use This Eu At The Moment But It Means The Supreme Court Throwing It Out First And I Do Not Think They Would Dare ?

Patrickq1

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I can see scenarios where consumer credit agreements or other complicated commercial agreements are executed on lenders premises in front of an ''impatient'' representative and how this would apply...but not so much for s62's where cooling off periods are allowed or other contracts where ''sufficient time is allowed for reading and understanding the t&c's..but even so there are many cancellable contracts that have been signed within the cooling off periods that really needed expert advice before execution...

 

I gonna copy and paste that extract Patrick onto my word document very good of you thanks...

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The Full Eu Data Protection Act

Purely for the record; and not to be digested at this time of night, where might I find this exceedingly useful document and is it in English? - don't fancy trying Flemish at ANY time of day.

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Am I missing something here? Either a term is fair or unfair. What bearing can it have on the question if you said you understood the term?

 

Is the question not 'is the term fair or not?' and 'is the term fair or not under the regulations?', though?

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