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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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      Many thanks 
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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.

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      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.

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      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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Driving School Franchise not passing on pupils payments


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Would be grateful for any advice.

 

I worked for a driving school whilst going from being a PDI to a fully qualified ADI. I started 1 May 2016 and the franchise fee was £210 per week which I paid regularly. The pupils pay the company and supposedly this should be passed to me. I have received approx. £3,000 but I work out I am owed another £8,000, the company have not paid me since 24 October 2016,

 

I have been in regular contact with them and they keep asking for spreadsheets, etc, of how many pupils I have taught, in March this year they agreed to pay me £100 per day to clear the backlog which lasted 3 days. I stopped paying the franchise fee in March 2017 as I really could not afford it any longer. I now work for another company but when I spoke to the original company they said they owe me £500 but this was 'outset' by £5,000!

 

I don't understand this and they are not providing any evidence. I have worked full time for £3,000 (less petrol and other overheads).

 

Please can anyone tell me how to get help with this. Thank you.

Edited by Andyorch
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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

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This has all the hallmarks of a company in trouble.

 

I would suggest that you calculate immediately how much you are owed and issue a County Court claim as soon as possible.

 

What is the total value of the money that you believe you are owed?

 

Does this company have some kind of controlling body or professional association?

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around £8k is not good enough, you need to calculate to the nearest pound how much they owe and then consider what they may try and claim form you, such as franchise fees if you failed to give enough notice to break from the agreement. B2B contracts can be awfully punishing when you want out so you will need to look very acrefully at the agreement to see what they have done wrng contractually rather than relying on just being owed shed loads of money as that may well be a separate matter in the eyes of the law.

Agree with the cashflow indicating possible trouble so get this done asap and worry about reporting to governing bodies such as DoT later

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