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    • just noticed that one of farages favorite poops was suggesting another stealth tax of 10 quid a month - possibly per person inc children ..   Minister proposed £10 monthly insurance-style patient charge to fund NHS dentists WWW.INDEPENDENT.CO.UK ‘Working people can’t afford another Tory tax rise,’ says Labour’s Wes Streeting   “They are framing this as some kind of pre-payment or quid pro quo, but of course, we already pay for the NHS through income tax, and in general that is a much more equitable way of doing it.” The DHSC declined to comment
    • All righty, seems I know why it was so quiet, the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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when is it english or scottish law to use


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:) Hiya, new here and have been reading a bit and was wondering when you are dealing with a company that you owe money to and they are based and registered in england but you are scottish and live in scotland which law do you follow the english legislation or the scottish and which do they have to follow.

 

My own prob was with Choice for a debt of £960 which went into default in 2001. Westcot started collecting in 2005/06 and then moved debt on to credit security ltd. Just this past few weeks got letter from Westcot on behalf of their clients Phoenix for the same debt. Go figure (idiots:-x ) Have since been in touch with westcot and credit security and finally got through to westcot debt management who said "yes you have been paying this debt since blah blah blah balance is now only £190 and credit security notify them when I make a payment on the account they are both going to send out statements showing all the payments. Westcot have also promised to get in touch with clients Phoenix and tell them that this debt is already being collected and the right it off. i will wait and see but will not hold my breath.

 

So what I was wondering just out of curiosity cause I am paying this off, is what law would they use to collect this, the english version or the scots. E.g it is statuet barred in england 6 years here it is 5 so if they came to me the first time in 2005 could I have claimed this under scottish law even though they are an english company. :???: :???: If you've read this far I hope you get my drift. :):lol: Never one to keep things short. thanks for any advice

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As haggis states if you reside in Scotland they would have to use the Scottish Court system and Scots law. Have a read here for a full explination as to why.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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