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By LouLouDev79 · Posted
So I have just spoken to the court for an update and they confirmed that the case was struck out on 22nd May (they have apparently written to me to confirm but I have not received the letter yet). They said that the hearing on 7th July has been vacated. She said they have received the relief of sanctions application and so this waiting to be looked at by a judge so I will just have to wait to hear if that is successful. My question now is, am I able to change my defence now to add that the debt is now Statue-barred as I didnt include that on my original defense? Do I need to be doing anything at this point? -
Some other examples from Ispreview -
Ive bought a second hand Samsung phone from a Market Stall Phone seller on an indoor market for £140. The phone works well but he the problem is theres debris in the camera lens so as i live 20 miles away i asked for a refund as its a long way to travel incase a replacement went wrong too, but they refused a refund and said they only replace. They said they would come to me and bring the replacement phone but that was 2 days ago and ive not heard anythkng so ill have to do the 40 mile round trip and go to them. As theyre a market trader surely they do have to refund ? -
QUOTE: "I am currently looking into this for you and have passed the details of this over to another department"...i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 -
Imply but not in fine detail then 4a can remain. Lose 4c You can go into full detail later within your statement. EG. 1. Paragraph 1 is noted. I have in the past had financial dealings with Halifax part of the Lloyds Group of Companies but do not recognise the specific account number referred to by Claimant and on which it claim relies upon. To enable clarification on (insert date) I made a sec78 request pursuant to CCA1974 to which the claimant provided various documents which appear to be incomplete with page numbers missing and incomplete Terms and Conditions. If this is a copy of the original agreement it appears to be unexecuted by the original creditor.
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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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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-
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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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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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