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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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    • If you are buying a used car – you need to read this survival guide.
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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
      • 160 replies
    • 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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Successfully sued Comet?


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Has anyone successfully sued Comet for repair of an appliance? My fridge freezer (advertised as £899.99) has broken after 30 months.Obviously, I expected it to last a lot longer. They want £60 to send someone to assess the fault. If it is a major one they will reduce the cost of the parts by 20% but will not pay for the labour. It's compounded by the fact that this appliance was advertised as money saving! Shouldn't goods be expected to last a reasonable amount of time?

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  • 1 month later...

Yes it should - ive seen somewhere on here that osmebody put up a rough idea of cost = reasonable time = type of usuage (ie moving parts etc etc).

 

Just a thought though have you contacted TS to see what they have said?

:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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Consumer Direct are normally the first port of call now for consumer advice, most TS don't now do "first line" advice since CD started their service. Their number is 08454 04 05 06.

 

Bear in mind that they - or Trading Standards, for that matter - won't be able to tell you whether it's wear and tear or a fault as they are not experts in how the goods actually work :)

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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It never hurts to give Consumer Direct a call. Even if the advice you get is similar to what you already know, your complaint will be recorded and statistics provided to Trading Standards so TS know who are the most "complained about" businesses, in case they need to advise or educate - or even take action against, in some cases - certain businesses.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Guest retailpointofview

ok i remember SOGA saying without costs to the buyer. (hmmm)

 

sellers can charge a callout fee but if proven as fault from purchase, they HAVE TO waive the costs or reimburse them.

 

if however its due to wear and tear. then they dont have to reimburse you. just do a 100% check make sure there are no dents, loose wires or anything they can use to say its wear and tear. call them up, get them around and ask for an invoice after.

 

use this invoice along with photographs to prove you have not damaged it and to go to small claims. or first of all threaten them about going to small claims.

 

quoting SOGA 1979

48B Repair or replacement of the goods

(2) If the buyer requires the seller to repair or replace the goods, the seller must—

 

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

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Bear in mind that it is your responsibility to prove that the goods are not in conformity with the contract, and not for the store to prove that they were. The store is basically offering a service to you, as any repairer would, and is entitled to be paid for that service. You may find it cheaper to get an independant report and use that to show to the store (given that it is not down to wear and tear).

 

S. 14 of Soga does give an implied warranty that goods will last a reasonable length of time. If that has found to be breached, then you wil be entitled to damages (the cost of repair, report etc, but these must be reasonable).

 

Further to retailpointofviews comments, the Act, if read further, states that the option to repair / replace is down to the seller. What is reasonable must take into account inconvenience and cost to you as to as to themselves - a fact that many people seem to prefer to forget or dismiss.

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Guest retailpointofview

getting an independant report done is also tricky. id suggest contacting the stores HQ and ask if the local store can check it or if they have a list of local independant engineers that they would accept a report from.

 

By this i mean asking your friend down the road will not do. anyone can say it is faulty on paper but the seller needs to have this proved.

 

always best to get them to deal with it and get costs reimburst later.

 

and its alot cheaper for retailers to do it then some independants and does not affect your SOGA rights

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