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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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.

      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 
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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.
      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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Hello Friends,

 

I had bought a TV insurance from BigWarranties for protection from accidents ( cracked screen ). Unfortunately when I went to make claim, they said that their T&C excludes screen cracking from projectiles.

 

Just wanted to find out if it is common to have this kind of exclusion in TV insurance plans which cover accidents.

 

Thanks

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Thanks SgtBush, I tried looking at T&C of TV care plan of Currys, John Lewis, AO and Argos. None of them have this exclusion.

 

Can you tell me a few such TV care plans which have such exclusions. Also what is Wii

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Depending on excess on your Home Contents, see if that covers the damage.

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I had this TV insurance only, Nothing else.

 

I am trying to find if other TV care plans have such exclusions. I want to mention in my complaint that the sales agent should have mentioned this exclusion as it is so uncommon.

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I bought car insurance as a tenant.

I deliberately drove my car into a lake when I realised I was in fact a landlord.

 

My insurers are refusing to replace my 1996 banger with a brand new Aston Martin Vantage, quoting their terms & conditions.

Is it common that not reading the T’s & C’s and then being surprised when their claims are denied for a common (and reasonable!) exclusion .....

 

You will have had at least 14 days from purchase to get and read the policy documents, to ensure it was suitable for you, and to cancel penalty-free if it wasn’t.. The exclusion is reasonable (and, as another contributor has mentioned) was bought in after lots of cases of screen damage from projectiles where adequate care wasn’t being taken (in the case mentioned, the Nintendo Wii, where controllers are waved around vigorously and can end up being hurled at the screen if the advice to use the restraining straps isn’t followed).

Edited by Andyorch
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Their website has a link to their Ts & Cs, projectiles are mentioned under what isn't covered, point no 9.

 

https://bigwarranties.co.uk/product-tv

 

HB

 

Direct link to the T's and C's: https://bigwarranties.co.uk/documents/Appliance_Terms.pdf

 

The example of Wii controllers has been cited earlier in the thread. These are more explicitly covered under point 17, wheres point 9 could cover them (generically) but fits more with balls and toy gun projectiles (Nerf darts and so on)

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Direct link to the T's and C's: https://bigwarranties.co.uk/documents/Appliance_Terms.pdf

 

The example of Wii controllers has been cited earlier in the thread. These are more explicitly covered under point 17, wheres point 9 could cover them (generically) but fits more with balls and toy gun projectiles (Nerf darts and so on)

 

You're right the policy does define if it was a Wii controller or similar, what it's not strong at is stating a projectile has to be thrown, so if you kicked your shoe by mistake, that is neither a projectile nor thrown.

 

I'm assuming it wasn't a Wii by the Op's response.

 

Having the wording online isn't bringing the unusual exclusion to the policyholders attention.

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Having the wording online isn't bringing the unusual exclusion to the policyholders attention.

 

True. However, we don’t know if there was (as is common practice from the last few insurances I’ve taken out!) a comment made at point of sale along the lines of “you will get a copy of the policy documents. You need to read these carefully to ensure the cover is what you need. If not, you can cancel this policy with no charge within 14 days....” (& then a warning you can’t cancel the policy if you make a claim first, and so on).

 

If the exclusion is reasonable and the policy holder is pointed to it (and the policy documents), it can stand.

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I bought car insurance as a tenant.

 

I deliberately drove my car into a lake when I realised I was in fact a landlord.

 

 

 

My insurers are refusing to replace my 1996 banger with a brand new Aston Martin Vantage, quoting their terms & conditions.

 

Is it common that not reading the T’s & C’s and then being surprised when their claims are denied for a common (and reasonable!) exclusion .....

 

 

 

You will have had at least 14 days from purchase to get and read the policy documents, to ensure it was suitable for you, and to cancel penalty-free if it wasn’t.. The exclusion is reasonable (and, as another contributor has mentioned) was bought in after lots of cases of screen damage from projectiles where adequate care wasn’t being taken (in the case mentioned, the Nintendo Wii, where controllers are waved around vigorously and can end up being hurled at the screen if the advice to use the restraining straps isn’t followed).

So bazza, did you get your Aston Martin in the end?

How many miles to the gallon do you do in town?

Thinking of doing the same thing

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So bazza, did you get your Aston Martin in the end?

How many miles to the gallon do you do in town?

Thinking of doing the same thing ������

 

No, sadly, they didn't give me the Vantage. I'm holding out for a Buggati, though.

 

As for the mpg ; if you can afford to buy/maintain / insure that sort of car, are you bothered by the mpg?.

Edited by Andyorch
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