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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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    • 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.
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      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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Part 8 Application - Nationwide/UCB

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I have filed a Part 8 Application against Nationwide/UCB in order to try and force them to remove my data from Experian in respect of a completed and satisfied account. They had completely ignored Statutory Notice and claimed that it was not their fault but Experian's - have had no response at all and time is about to run out


Can anyone tell me what happens in a Part 8 if there is no response. Does judge just issue a judgement and will Experian then have to comply (this was explicity requested in my claim)



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If the court does not received a response they are obviously unable to award a default judgement under part 12, and are more likely to give direction to disregard the part 8 Application.


I am presuming that the enactment you have referenced in support of your Part 8 Application is the Data Protection Act 3rd & 5th principals, which the Information Commissioners Office and Experian deem to be upheld in cases such as this as they are “within the wider public interest” ?

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At the 11th hour Nationwide have acknowledged service and their intention to defend


Their basic defence is that the public display of my information is a matter for credit agencies not for them


They claim that I am not entitled to require them to remove credit records at credit agencies


They state that my claim is misconceived and should be struck out


Could really do with some help and advice here as I feel that I may be losing £150


Information Commissioner advised me that Nationwide owned the data and it was their responsibility


So can anyone advise me what happens now - will I have do Allocation Questionnaire and attend court?


Having read extensively on the forum before I issued this part 8 I was under the impression that this might be fairly straightforward.


What legal rights can Nationwide/Experian claim to display data on a closed and satisfied account?


Hope someone can help me here?





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I can only help with procedure and not the law in your case.


Part 8 claim is for something other than money.


As the other side have sent a response, as long as the claim is still on Part 8, the judge will give directions on what will happen.


It doesnt get allocated to a 'track' but dealt with in the normal way, ie directions, hearing etc.


Hope this helps.



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