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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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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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Dispute re warranty repair.


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About 2 weeks ago I reversed my car out of my drive and gently made contact my opposite neighbours 17 reg Hyundai on the front/left bumper

 

. She had parked directly across her drive due a skip.

I had a quick look, noticing 2 very minor scuff marks, knocked on her door, explained and asked her to fix it and I would pay for the damage, thinking the bill would be £75 - £100 tops.

 

Neighbour returns a few days later with an written estimate, not a quote, from a local authorised Hyundai garage for £475.

 

She explained the car is under warranty and it has to be repaired by them or the warranty would be invalid, going on to say the bumper would have to come off to check for any damage underneath. She flatly refused my idea of getting it repaired from a reputable High street garage.

 

I asked her to show the Hyundai warranty and she gave me a photo copy - the warranty is 5 years and is transferable from owner to owner.

 

I phoned the garage who gave her the estimate and he explained they always check under the bumper if damaged due to their 'contract' with Hyundai and would so even if the damage was miniscule, like the minor scuff marks. He was sympathetic to my circumstances but could repair the car without checking the bumper.

 

I ask the neighbour to get another 2 quotes, and apart from whinging about time and petrol, she got a quote for £550 - not surprisingly, the bumper would have to come off

 

Everyone knows that authorised garages have hugely inflated prices and do unnecessary work on vehicles but the above really does take the biscuit. I would gladly pay for a High Street repair with their own warranty but I can't see her accepting that.

 

I have considered going through my insurance as I have an 11 yrs protected No Claims Discount but my premiums would rise.

 

My policy is due for renewal in a few months so was also thinking about changing to a cheaper company with the bump declared, which would deflect some of the cost. But it is a bitter pill to swallow if I have to fork out at least £475 for 2 very minor scuff marks.

 

Thoughts anyone?

 

Thanks in advance.

Edited by dx100uk
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While I agree that it is very unfair. However, your responsibility is to put her into the same position that she would have been had the incident never occurred. If it is true that she would lose her warranty et cetera by not having it done at a recommended garage then I'm afraid that this is probably what you would have to do. The whole thing is absurd and everybody is obviously on a money grab – that you at least are saving your no claims bonus – although, strictly speaking you have an obligation to inform your insurer of this incident

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Thanks, Bankfodder. I have informed my insurance company a few days ago.

 

What makes it worse it that there is a family next door to the neighbour who have 2 vans ( one broken down for about 4 months in front of her house) and 3 or 4 cars. They park outside everyone's house in the vicinity but the problem is the vans block peoples views when they are reversing onto the road, especially is a few feet from a drive. The guy living on my right parks on the footpath, even though he has a drive, to stop them parking outside his. My view was blocked by a van when I had the bump. Grrrr.

 

Mt thinks there are going to be more accidents in the future. :x

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