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yes a judgement sorry I used the wrong word before -
dont need any for now jusr send them
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By LouLouDev79 · Posted
Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer. They then attached a copy of the deed of assignment and a new witness statement. They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided? Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post). This is a clear pattern of how these solicitors work rather than it being a one off oversight! -
I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent. We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations. -
Nationwide could be set to announce another 'Fairer Share' £100 bonus to members this week. Last year, it handed out £340m to 3.4mi members.View the full article
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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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