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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
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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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Be careful what you tell your bank


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Hi all,

 

Lasy year I left my full-time (and reasonably well paid) job to focus on the shop that me and the misses own - and the abject poverty that goes along with being self-employed.

 

We had a plan. Everything would be rosy. Then they closed the main road in front of our shop for 6 months to do sewer repairs and as a result our takings took a hit. The road is open again now and finally we are starting to see something of a recovery to our business.

 

Anyway, the point of this post is be very careful about how honest you are with your bank regarding your financial situation - and don't expect them to care/help one little bit!

 

Because things got very tough for us, I had to stop drawing any money from the shop leaving just the money my wife was drawing - this led to a shortfall between our income and outgoings. I worked very hard cancelling and/or reducing as many payments as I could, trimming our weekly spend on food etc. and managed to get the shortfall to around £400/month. As we had an overdraft facility and a credit card with a fairly good limit I figured I could manage this for a short while until the shop started making more money again and I could plug the hole.

Of course, six months is a long time. Looking at my expenses the biggest one I have is a bank loan for £400/month. Hmmm... so a payment break on the loan would an ideal solution for me.

 

I called my bank and explained the whole situation to them and they said "let's fill in a statement of accounts to see where we stand". So we went through all my income and expenditure and arrived at a shortfall (which they miscalculated at £633/month). I suggested a payment break on the loan to which they said there was no such facility available. They offered a three month break but I would have to pay all three outstanding months at once after that time, so that was a non-starter.

The other thing they "helpfully" did was immediately put a block on my visa card so I no longer had access to those funds. Then they said the only other thing they could do would be to "withdraw facilities".

 

Now, maybe I'm being a bit dim, but how can not having access to *any* funds be helpful to me? Ah!!! this is where I was mistaken, they weren't trying to help me at all, they were just trying to protect themselves and in the process ensure that I exceed my overdraft limit.

 

As this was happening I started a claim for unfair/illegal charges over the last six years for £3k, which would be more than helpful at this moment. My worry is that once they realise what I'm doing they're going to "withdraw facilities", which would be disastrous for me right now.

 

So the moral of this story - don't tell your bank squat about your financial situation as they are only in it for themselves.

 

That'll teach me for being honest and hoping they might help!

 

Which bank is this? Our friendly FD. You have been warned!

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