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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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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Dunster House - Log Cabin Build Issue


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I had the cabin components delivered on 8th January

 

Due to issues with the base we did not start building the cabin 25th January

 

We have now encountered a few issues with the build, and the company will only respond via e-mail and not over the phone which is dragging out the resolution of our queries

 

At the moment the doors will not align correctly and are out of alignment by 8mm.

We have now been told to put the glass into the doors as they will hang differently,

but we cannot see that this will resolve the situation

 

Now, we have found another problem in that all four panels of glass are scratched.

The company have asked for pictures but this is not easy to get as the scratches are hard to see even with black card behind them.

The company have advised that I signed for the goods at time of delivery as being in good condition, but there was no way you could check each item as there were hundreds of bits of wood as well as glass and plastic items.

 

I would like to ask for some advice on what to do next?

I paid by credit card so should I raise Section 75 for faulty goods if they won't replace the doors or glass

Edited by dx100uk
paras
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the items are not fit for purpose/Faulty and you are within 30days

replace or refund FOC under CRA.

 

yes section 75 would apply too if they don't cough up

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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i cant comment on the getting replacement parts section of this

 

just be aware that we had a log cabin from gardenbuildingsdirect, this is the same sort of style that dunster sell

 

they can swell something horrible in wet weather, when its damp our door goes from fitting perfectly to having at least an inch to 2 inch gap at top and bottom, the window frames also swell slightly and will often push gaps into the wall

 

if its the same type of window then the plastic is just layed into the frame and then wooden trim nailed in around it to hold it into place, please remember to put some silicon seal around the edges of these, we have noticed that water has been running down the perspex and into the inside of the cabin through there, the wood is black on the window cross pieces after a year - even with treatment

 

same issue in the corner, we were given "trim" to be fitted to the inside of each corner, this didnt look or fit right so was left off, good job we did water also makes it through those corner gaps - again black after just a year, corners have now also had to be sealed with silicon - doesnt look right until its painted over but better than letting it rot

 

think next time i will simply build my own summer house - hope yours goes better than ours

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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the items are not fit for purpose/Faulty and you are within 30days

replace or refund FOC under CRA.

 

yes section 75 would apply too if they don't cough up

 

Just a question on this. How does it stand when the building is partially erected and also the labour costs that the OP has incurred. I recommended the OP to come on here and know that they have had to pay labour costs where very little work has been done due to the problems. Could that be a consequential loss claim.

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