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    • Given the evidence you have provided it should hopefully be a formality, the WS is ready to go and their case is torpedoed below the waterline.
    • Hey @Rubixcube sorry that I am a bit late to the party but to look into your issues, could you explain in a bit more detail what happened? I did not know that either before you mentioned it, but it seems indeed that Booking.com holidays are just a mirror site for lastminute.com and therefore the exact same thing... Good to know because Last minute is an awful OTA. It actually doesn't seem to be a big secret. If you click the link below (which is the main link from booking.com home page, and has lastminute written in it!) you will see the slogan "Booking.com Powered by Last minute" on 3 separate areas at least within the same page! Just a moment... BOOKING-DP.LASTMINUTE.COM Anyway, do let us know what exactly happened and we can try and see who you should be claiming from.
    • post re submitted  we are quite secure with that. it's ok to it here  you need to formerly WRITE to BMW AND to the finance co. (who is?) and REJECT the car under your short term right to reject. 100's of threads here on Big Motoring World, and they scammed you out of a useless warranty too, you dont need it ever, CRA covers you for FREE. dx  
    • Hey there, as the plane went tech you are entitled to the £520 x2 compensation under EC261. This is a clear cut case. Just claim straight with Virgin. However you are not entitled to a full refund, since you were eventually flown to the final destination; of course that second flight should have been totally free of charge; if not you must bill Virgin for it. Your mum+sis are also entitled to full reimbursment of taxis to and from the hotel, as well as meals+refreshments that they had for the entire duration of the unexpected stop, including both at the hotel and airport. (Just stay reasonable: no claiming for 49 pina coladas at the beach bar) Was their luggage returned to them during the unexpected stop? If not they may also claim for any toiletries and clothing that they had to purchase during the night stop. I understand the hotel has already been paid for, just don't forget the rest. Hopefully they have kept the receipts. Otherwise bank statements should do the trick. You need to claim for this in addition of the £1040 Other than the above there is no statutory compensation due for missing out on 1.5days of holiday. You could however talk to someone at customer service and make a polite request to extend your stay by another couple days and see if they will do it for you free of charge (providing they have space). Or if not, you could possibly get some token gesture of money back or voucher off your next holiday. It's worth trying. That you paid £700 for a name change is unfortunate but it's completely unrelated to the situation at hand. Above all I hope they don't worry too much about this mishap, and make the most of their holiday. Compensation is practically guaranteedwhen they are back. Just tell them to save all receipts they have and don't worry about the rest until they're back!
    • thats not a delay thats just standard processing.   it has to be 2+ months for it to be a delay
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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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      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.

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      Many thanks 
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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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      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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Never signed agreement! ** WON**


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Thanks Johnny, I really dont think i would have got this sorted without this site! This forum is priceless and everyone on it is so helpful!

If there is anyone else out there who are in a similar situation to what i was in then dont hesitate to ask for any advice. I'm certainly no expert but I'll pass on any information that may help!

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This is excellent news. I will change your title to WON.. And moved you to the success forums.:D

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mike ive jurt read the whole thread and as the A team say "love it when a plan comes together" well done fella PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 2 months later...

Just a quick question if you don't mind me asking - who was the solicitor that acted for you on a no win no fee basis and how did you approach them?

 

I have no intention of making a complaint to the useless FOS and like the idea of the County Court route, I would just like some more information before I start proceedings.

 

Thanks in advance and congratulations btw,

 

billy.

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  • 2 weeks later...

The FOS are a total waste of time, they will never find in your favour but if im honest i think the fact that i actually took it down every avenue, including the FOS went in my favour, as HSBC knew that i wasnt going to back down whatsoever. I can give you my solicitor details but if im honest she wasnt brilliant!, I did virtually all of the groundwork myself (well, when i say myself what i actually mean is the very kind people of this forum!) and even though it only took her 2 letters before HSBC agreed, those letters could have come from any solicitor and they would have caved in! If you send me a private message i will give you her details. I dont want to be seen promoting one particular solicitor!

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