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    • Ok Thank you DX will do just that . will keep you up dated.
    • dispute it with whichever cra provider is now showing it. simply state the a/c is from 2015 and was defaulted (date) and should not have re appeared. probably getting ready to sell it on. dx
    • Hi Caught Shoplifting at John Lewis - Retail loss Prevention/Other shoplifting allegations. - Consumer Action Group Thanks a lot for commenting this experience of yours. I do understand this might be something that you are not willing to talk about anymore but the same exact scenario happened with me today at John Lewis. They took my name/ address/ a picture of me holding a signed banned letter. the only question I've got is will I be contacted by the police and will this be recorded as police caution or criminal record?  I would really really appreciate if you could let me know how it went.  I am so so so ashamed of myself and am really making changes in my life I feel like I've lost myself for a period of my life but anyways it would be really great to hear back. Thanks 
    • I thought Delinquent ment "missing payments" its active so assumimg it can be seen ? also this is the only thing change on my credit file and that in its self being re added has dropped my credit score . the debt is SB and did drop off my credit file so how have or how can they re add it again ?
    • ah sorry delinquent means it dead so not hurting your file. dx  
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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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Employment Tribunal - you CAN win !!!


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I would be very interested in seeing some more transcripts.

My Notice of Appeal to the Employment Appeal Tribunal can be read on my blog. Every point of law I put forward was well researched and backed by evidence and references to relevant caselaw. I did not receive any feedback to these points. I will put the transcripts on when I have time. They are open to the public so this must be permissible?

 

At the EAT Mr Recorder Luba in his transcript records that I requested an independent assessment of my claim. In this transcript he gives his assurance that this would be forthcoming. In direct contradiction of this all that follows is simply a list of the previous refusals I had. Mr Luba followed the mantra often quoted by judges that they are 'not allowed to interfere with a previous judge's decision.' I have spoken to many people and they are all as dumbfounded as I am that it is not accepted by judges that this renders any attempt to appeal a decision futile. They also assert that they cannot re visit the evidence. They could not re visit any evidence put forward by the Respondent because they did not put any forward. No specific evidence was quoted in the Respondent's witness statements. The references to indisputable evidence that I referenced in my witness statement were ignored.

This was just one of the points I put forward as an appeal based on perversity.

I was then told that it is not possible/allowed to put forward a case based on perversity. I would like someone to tell Edward Jacobs this. His book was endorsed by the President of Tribunals, but as I have discovered, it might as well be fiction.

My application to the Court of Appeal received a much shorter rebuff. I will post this on my blog as well. I was just told that I had no chance ( in their jargon) and the only reason was that he was in agreement with Mr Luba.

I have had a rather garbled response from a series of complaints I sent out. I think they all landed on the same desk. The arguments put forward are all flawed and do not address any of the issues I have raised. We need to get these altogether on one site. No judge truly has to be accountable for his or her decision. They all have sovreinty. The only person they are supposed to be accountable to is HRH Queen Elizabeth, to whom they pledge their oath 'to do right by all manner of people.' If you write to HRH she will refer you to her ministers of justice who will tell you they cannot interfere or address any complaints - because of sovreignty.

My blog is:

tribunalsandtribulations.blogspot.co.uk I have not added anything for some time - trying to live a normal, happy life! When I have some free time I will put the responses to my complaints on for all to see. None of them are confidential so we should be sharing them!

 

Now my battle with the tribunals has come to an end I will see what reason is now given for refusing to look at my complaints - the stock answer I was given to date has been 'we cannot interfere with the outcome.' I always stressed this was not my reason for complaining. There will have to be another blank refusal now.

At least I now do not have any deadlines to meet. I can give myself breaks.

 

Sheiladip

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