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We tend to square the circle here rather than go along with the general consensus and what the media would have you believe -
By BankFodder · Posted
And incidentally, the fact that you sell things and it's not your main source of income is not so far as I understand it, the legal test of whether or not you are trading. -
By BankFodder · Posted
You better start giving us dates when this happened. I understand from what you have posted that this happened several years ago and you have potentially been out of pocket to the tune of £9000 since then. You've been here since 2011 and I really don't understand by at least you didn't come and tell us about it if nothing else. Letting it go for several years has not helped you at all – it has undermined your credibility substantially. Please make sure you have read the stories parcel delivery sub- forum and then give us full details of what has happened. A step-by-step chronology – bullet pointed – dates included. You can be certain that some point they will discover your address and for £9000 I doubt whether they will hang around -
By Angryman1404 · Posted
Thanks all. Confused. But empowered. This forum is a ffffing lifesaver. Why isn’t it advertised for help. -
By BankFodder · Posted
Yes, you are right. My mistake. I wasn't paying attention. If you have sued as a business then you will have to rely on the fact that they are attempting to limit or exclude their liability under the Supply of goods and services act 1982 and that their insistence on paying something in addition to the agreed contract price for the service is unfair and contrary to the unfair contract terms act 1977. Well spotted. At least one of us is on the ball – and it obviously isn't me!
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
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- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
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- 161 replies
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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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