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    • Thank you BankFodder and jk2054. Dear Mr ***** *****, Re: Letter of Claim, Lost parcel delivery P2G123206851 Case Number 3348098 I write in response to your offer of £75 for the loss of the above parcel which I reject. Your offer comes nowhere near the value of the parcel that you were contracted to arrange the safe delivery of. You state that as I did not take out insurance to cover the full cost you will not be making any other offer. Attempting to limit or exclude your liability under the Supply of Goods and Services Act 1982 and your insistence on paying something in addition to the agreed contract price for the service is unfair and contrary to the Unfair Contract Terms Act 1977. If I do not have a satisfactory outcome by the 10th July I will be issuing court proceedings. Kind regards,      
    • Thank you, I suggested a particular approach in my first post. Will you now follow the advice so that we can then understand exactly what has happened and advise you as to what to do.  
    • I'm not sure whether you will succeed in having the case transferred – but why not try? Whatever, if you don't hear anything – don't take anything for granted and attend at the designated court. If you can show that his licence was in force – back to back despite the various investigations – then there should be no problem. In any event, he should plead not guilty and then explained carefully to the court – maybe with a large diagram which he contender in evidence – and make it clear that if there is any offence is because of some misunderstanding but actually, the charge has been caused by a bureaucratic misunderstanding by the charging authorities. If he gets a "not guilty" then he should certainly ask for the costs of attending court. Don't go for a money grab but keep petrol receipts et cetera. He should point out to the court that he is very straight dealing. He abide by all regulations. He makes all disclosures. He is very concerned about road safety and understands exactly why these requirements are put in place for a man of his age. He should not be challenging in court
    • This happened approx 18 months - 2 years ago. I have not been out of pocket. eBay instantly paid the money to me and then investigated once the buyer claimed the item did not arrive. They favoured towards the buyer and therefore made my ebay account minus £9000. Subsequently the ebay account got suspended and I since cut ties with it and no longer have access to it.  
    • Regarding "No breach of contract" where they have used E instead of F and that incorrect post code has always been there in subsequent PCNs including the first one,  does that not make it a valid point? because contract shows different postcode then PCN,  also if valid can this be moved under different section such as "No Locus Standi"? Since there is no mention of EV charging bay or its abuse in contract,  can same fact in point 3.1 be used under "No breach of contract"?  does the grace period of 10 minutes needs to be mentioned in terms and conditions signage?  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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