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Hurrah! We got there. After asking four times about the defence you've answered. To win this you will have to be a hell of a lot more pro-active and get reading up. The standard defence is on every single claim form thread here. So first task for the evening. Go to https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to Q2) How should I defend? There is the standard defence. Change (6) into (7) and add a new (6). 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. Get if filed this evening. -
OK, relenting on my above irritated post ... It's worth defending it. At the very least they are likely to offer a deal. Plus PE have added two completely invented amounts. The £100 charge has morphed into £125. Then they've added £50 legal representative's costs although they have no legal representative. Even if it went all the way to court and you lost, the judge would likely disallow the made up £25 + £50. Please fill in the sticky as dx asked. Then dx will be on with details of how to defend.
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Quite interesting that the Conservative East Midlands Mayor candidate doesnt mention conservative on his promotion LOL but he does claim that he, a Conservative politician, is the man to fix the 14 years of Conservative devastation of the region - inc 'fixing' problems inc the utter devastation of the roads, bus and train services that his party have imposed Must all rotate around the meaning of fixing he actually means .. fixing noun dishonest activity to make certain that a competition, race, or election is won by a particular person: .. or perhaps he just means 'fixing' - preventing change -
By BankFodder · Posted
Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time. They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you. However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately. -
Will check back in when the SAR from MCB is back and get advice on how to raise the formal complaint and what to say x
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Our picks
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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.-
- 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-
- 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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