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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.  

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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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Ombudsman caught red-handed what would you do


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My complaint is about who is repsonsible for a security breach of my credit card account. I am blaming a 3rd party company to whom I applied for a card for using critical information on that application to hack the credit card account in question (rogue employee).

 

Adjudicator ruled against me - I complained that she had applied a beyond reasonable doubt standard of proof instead of balance of probabilites. My complaint went up the Case Management chain and was fobbed off on each occasion so I put in a very strongly worded complaint to the Independent Assessor.

 

File gets passed on to the Ombudsman who writes to me and says he is aware of the complaint to the Assessor.

 

Then he issues a decision refusing my complaint saying that he has seen the fraudulent transaction it relates to and the Business are not responsible.

 

I asked for a copy of the transaction he had seen - since I had not supplied it.

 

The Ombudsman wrote to me stating he had made a mistake in saying he had seen the transaction but had based his decision on how fraudulent transactions are carried out and that there had been a fraudulent transaction in my case.

 

The evidence before him was that my account had been hacked not that my card had been used fraudulently. I have written confirmation of this from my credit card company who also confirmed that they have not shared details of that transaction with anyone.

 

He has basically fabricated the evidence he based his decision on. Aside from a renewed complaint to the Assessor any other observations?

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I am in the same boat as you.

 

I complained about Halifax irresponsibly lending me money I couldn't afford to pay back.

 

I sent in emails details parts of the lending code and the bank lending criteria at the time of loan application.

 

The Ombudsman completely ignore this in their final response.

 

I report them to the FCA.

 

If I was you, phone them and ask for advice, or send them an email.

 

I did, and they are looking at my complaint!!

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  • 4 weeks later...

The are a waste of time just like the fca and the ico, all of them are over worked and underresourced and just make up the cases and the adjudication as they go along.

 

 

Disgraceful

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Not much you can do.

You could email a complaint about the Ombudsman saying they were aware of the complaint to the Independent Assessor (unprofessional).

I've seen this spiteful behaviour many times.

Sadly, you even get it from Independent Assessor who told the FOS to stop work on a case. Low and behold, a final decision was produced a few days later and the order to stop work had 'got lost' according to the IA.

The place only employs liars.

 

FCA have said in the past that they specifically don't get involved with the FOS operational issues.

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Only hope is maybe a threat of court action. Courts not easy to win, but some judges do take a dim view of companies bamboozling punters. Regulators generally seem to view genuine complaints as shysters, instead of the banks. This is despite the banks still actively pushing people to get into debt, whether they can afford it or not.

Know a bank worker who got low marks (and no pay rise) for not hitting loan sales targets. But she said she thought it was bad for both the bank and the customer if she pushed loans and credit cards on customers already struggling. She was angry when in the mid 2000s she saw the former head head of Midland Bank (now part of HSBC) admit to a Parliamentary committee that they were all doing this. They still are.

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