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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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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.
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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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This Forum - please read


ErikaPNP
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This forum is intended for the purposes of obtaining advice in relation to benefit claims, tax credit claims, Child Support Agency claims and the National Minimum wage. It is not intended as a sounding board to criticise those receiving benefit, nor to criticise staff who work in the administration of claims, nor a discussion board for benefit politics.

 

Recent threads have required the intervention of the Site Team and on occasion, restrictions have had to be placed on accounts because of the forum being used as a tool to project abuse directly or indirectly toward administritive staff.

 

As it states quite clearly in the forum rules in regard to staff of organisations:

 

Whether you like them or not, they are just doing their job. Please do not refer to these people in any personal insulting or offensive way. They are not the policymakers in their organisations and are only doing a job.
Whilst it is clear that the system is not favourable to many, that does not give members carte blanch to project their frustrations on other members simply for the job that they do. Many administrative staff come here initially because they are struggling with their own consumer issues, and stick around afterward to offer assistance on the benefit forums. They are consumers just like the rest of us and have just an equal standing as members on this forum as any other member. Insults, abuse and offensive behaviour toward administritive staff - or indeed toward any member - will not be tolerated on this forum. Staff who offer advice here are not at work getting a paid wage, they are offering advice in their own free time to help people and deserve to be able to do so without abuse.

 

Likewise, abuse toward claimants simply for claiming benefit, will not be tolerated. Claimants come here for advice, often at their most vulnerable. They are entitled to receive advice and support without fear of being abused. Site Team have restricted accounts in the past when attacks on claimants have been undertaken by other members for no reason other than the member claims benefit. Fortunately abuse toward claimants is uncommon on CAG .

 

CAG is unique in comparison to other benefit forums out there, in that we have both claimants and staff on these forums and we expect both to treat each other decently. We do not have a 'them and us' mentality, and it is this working together approach that has led to success in people receiving their correct entitlements. We will not allow CAG to degenerate like some other benefit forum where threads become an argument between administritive staff and benefit claimants and advice gets lost along the way as the argument takes centre stage.

 

We will monitor these threads and respond to reported posts as necessery. Members behaving unreasonably toward staff or claimants or otherwise in breach of the forum rules will have restrictions placed on their accounts, and repeat or serious breaches may result in an account ban. We will apply this consistently throughout the benefit forum. Please be advised that nothing has changed, the forum rules are exactly the same as they were before - this thread is to serve as a reminder. As such, no discussion on this will be entered into.

 

Please also remember that this is not the place to discuss the benefit system in general, or to debate the latest media reports on benefit claimants (Daily Mail for example!) - please post such threads in the bear garden. This forum is about helping people to get what they are legally entitled to. This reminder does not extend to posts about new legislation/policies coming into force which is providing information to benefit claimants.

 

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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well said

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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