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    • Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this? Every day is a school day.
    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
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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.

      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Yes, I know I have been AWOL for a while, but I've been doing my modules to qualify as an IPSEA tribunal representative - I do my finals the weekend of 25th April. Finished my last one tonight, so can get back to opening a can of whoop-ass on the DCA's.

 

So, what's occurring?

 

Tigs xxx

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi Stranger, wondered where you went. So we now have an IPSEA expert in our midst. I'm sure that you will be in great demand.

 

Good luck in your finals. Hope everything goes fine for you.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Thank you lovelies - well, I hope I'll be able to help those battling the education system with a bit more legal knowledge gleaned from the hours I've put in on the course, but I'm back to do battle with the DCA's as well - have I missed any new developments or is it same old, same old?

 

Don't want to give advice that's past it's sell-by ...

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Yes, I know I have been AWOL for a while, but I've been doing my modules to qualify as an IPSEA

 

Gawd you even need qualifications to get into the Night Garden now??? :D

 

Nothing of any importance has changed, Banks are still ignorant gits, DCA's are still moronic thugs and the courts are still staying anything that moves :rolleyes:.

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Don't be worried Tiglet if you see your mug on a few milk cartons. Just let someone know next time so we don't have to waste a lot of taxpayers money trying to find you. I'll let the police know you are safe.:p

 

Welcome back:D

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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