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    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though. A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees. https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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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.

      Please can you advise what I need to do today to get this done. 
       

      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.
      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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Teebum V Abbey **** WON !!!! ****


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Hi Teebum - what a fantastic thread, and result! Well done - an inspiration to us all. I'm tackling Abbey for my 'other half', for which I'm about to start my own thread - 'Tish vs Abbey' - and I've gained a huge ammount by reading yours - many many thanks.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi Tee,

Just found your post through a link regarding your prep time. I am in the process of preparing my poc and was hoping you could provide some info on the prep time.

 

Did you just put down a total figure for the time involved, or did you detail the preparation (i.e. 7 letters at 30 mins each, research at 20 hours and so on). Would be interesting to see.

 

Still scanning through your claim, but well done on the result!

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Red death

I basically thought about the time i spent each day reading up and preparing, and gustimated that it would be about one weeks work. Never had to show any docs of proof or any working out.

Lets get it back

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Thanks teebum,

I am going down the same lines, I thought maybe you had detailed the time involved. I'll go down the same lines and see what happens.

Cheers!

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  • 1 month later...

hiya nearly there with my claim and gotta think about costs now havent a clue where to start do i send it to abbey or courts for a start sorry about hijacking thread xxkia

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well done at getting your money back. I am in the process of doing mine just had my fob off letter saying that they are sorry im complaining etc. Ive read all your posts and am unsure what 2do next? HELP!

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  • 1 month later...

Hi Teebum, ......WHAT A BRILLIANT THREAD!! I feel positively inspired. I oly wish I'd read it sooner. I have my own thread and been helped greatly by Clarion 48. I can see many similarities to my case from reading yours. I sent in an estimated claim following advice from Money programe. Even though I had a court date for 18 September (sems ages off) Michael Browne advised me to sent in SAR for copies of statements.... They sent me most but still had a few missing and I suspect that there are numerous charges on these. Also a summary of charges from 2002-2004. As the 40 days are upI have sent in second request for missing statements and also statments for 2002-2004 as opposed to summary.

I am so scared of putting a toe wrong, never mind a foot... that if you dont mind Im going to be annoying you with probably very stupid questions from now on and will be eternally grateful for any help you can give me.

Sorry for going on and on and on !! Liz

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