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By Badtimes123 · Posted
Hi dx, thanks. Yes actually, that is the case with this one! I've taken tomorrow off work, I need to review the whole binder for each of these and I'll refrain from further questions until I do just that. Just on hold for court ref Claim #2 -
1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this. -
if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
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By MANUKI12742 · Posted
Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself. -
receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves. if it does you would receive a Notice of Assignment from the debt buyer/DCA. as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx
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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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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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