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yes, and he has since emailed them to say he wants it done with a hearing -
By BankFodder · Posted
Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us? -
By BankFodder · Posted
This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge. Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it. -
Hello, I'm wondering on the best next steps. I had a case that was dealt with as a judgement on admission in the middle of march because they didn't want to turn up. I applied for a warrant that was granted on 4 April 2024. The debtor claims they paid the judgement and provided a proof of payment from an american bank which has the wrong address for my bank and none of my details on it. The debtor ask that the debt be marked as satisfied on 29 April enclosing the same proof of payment with the wrong info. I wrote to the court to object it and was told that a judge would review the matter. I got an email from the debtor today and the court has marked it as satisfied (Despite me not being paid) dated 24/04/24 with final payment on the 3rd april 2024 despite them telling me last week that it was referred to a judge and hadn't been returned. Can anyone advise on the next steps please
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not true sorry. and not true either, there are clear regulations upon how close a suspended bay sign must be displayed from said affected bays. there are no regulations that state an existing parking sign must be covered nor the suspension must be on the same pole as any existing signs own thread created.
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If you are buying a used car – you need to read this survival guide.
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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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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