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    • Am no mechanic so advisory. If an oil leak had been spotted during the MOT, it would have either failed or an advisory recorded. The Consumer Rights Act does not apply to vehicles sold privately. There is no obligation for the vehicle to be fit for purpose, but? You must describe the car accurately to the buyer and must be roadworthy. The fact you gave the vehicle a new MOT which passed as you are no mechanic is all you need. It is down to the buyer to have the vehicle inspected at their own expense prior to exchanging cash. Reply to the claim as defending in full as no liability exists. Am sure other posters will help to draw up a defence for you.
    • Yes, we need to see it please. Don't rush to answer them until we've had a look at it. HB
    • Hi. I think your thread was probably locked. I've added your reply to it. HB
    • Hi all,    Firstly, very useful forum, thank you Secondly, I'm in "a bit" of a mess regarding a rather substantial UK unsecured credit card debt. I have spent too much on credit cards in the last 10 years (30k - those are not with high street banks but rather unsecured loan companies), I have an issue with money unfortunately, need to address the psychological aspect of it at one point but I'm not here for this. In fact, I'm not living in the UK anymore (EU) since 3 years and I have stopped to make payments on those credit card accounts around 1 year and half ago. I'm not really in any financial distress, lets be honest, not rich either, not able right now to repay those loans for sure. The main reason why I stopped the payments is that my family is not aware of those debts, simple. Before, when we were in the UK, I had my own bank account and could repay without disclosing it to my family. In my new situation. I have a shared account and do not want to show those payments to my family. I have been obviously kickin the can down the line until I received very recently a first email from a DCA (very nice email for now "You have financial problems, do not hesitate to talk to us..Register with us to see your account" blabla), I just ignored but it made me wonder what would be my best course of action reading your forum and based on the following premisices: - As said, I do not want my family to know right now and possibly for the next few years, I'm not saying never but right now is not the right moment, it could have not nice at all consequences - My creditors are not aware of my EU address (and I would prefer not to make them aware of it due to reasons stated above - risk of mails or even visits at my new address even if remote possibility) and it does look like they could just ignore any mails I would sent them for mentioning my new abroad address, they could still try a CCJ on my old adress and I would still need to prove to the court the fact that I made them aware of my address change by mails but also I would need to provide a good reason for a set aside (and I will guess that not wanting my family to know is not a good enough reason) - I have no assets in the UK (the only thing where I'm slightly unsure is that I'm working for an UK company but I'm employed under french work laws so technically, I'm not anymore british employe so I assume they cannot have a charging order on my wages) - I still have an UK bank account with very very small money on it (less than 15 pounds) - Not planning at all to go back to the UK to live there again but I will have to go back here and then for few days between work and family - I'm not trying to not pay those debts, I would and I will as soon as I can pay them back but right now and for the foreseable future, I cannot     Now based on those premisces, here are my assumptions on the way forward: - Do nothing, ignore everything and then face the consequences of a CCJ for my debt where my creditors should not be able to do much against any asset taht I do not have in the UK (though question mark around my wages despite not being an UK employe but employed by a british company in another country - it is still that british entity who is transferring wages into my EU bank account). I think my main worry there is around the summon to court, can the court deliver some sort of warrant if there is a no show - I mean to ignore even the court procedure ? I.e could I be stopped at the airport for this ? I do not think so with waht I read, not for a CCJ credit card debt but I'm wondering if they could prove any sort fo fraud like "he borrowed money he knew he could not reimburse" ?  In this case, the other worry I have is that they could obtain my EU adress via my UK bank account, is my bank would have to disclose my adress to them if there are a charging order against my bank account through a CCJ ? Having a CCJ (even if it is credit card debt and you would not go to prison for it) against you is not a small thing to manage I guess If I want to get back to the UK on a regular basis for few days... - Share my EU address though a registered letter with acknolegment of receipt with my creditors to avoid a CCJ (but It does not look like it is for certain that it would avoid it as it looks like they could ignore my letters, act as if they never received that letter and still do a backdoor CCJ and then I would have to prove they were aware of my EU address and then also explain why I want to set the CCJ aside - So in essence I would start a process of recognition). Even if I was avoiding a CCJ via this sharing my EU address, the DCA who sent me the email seeems to have an office in the EU if I believe their website, not my country but an EU country, not sure if they could do something via their EU office as they would have my EU address i.e I guess it would cost them to transsfer the case to the EU, would they do it for 30k ? I'm really not keen to provide my EU address in any case, even if there is a remote possibility for them to hit some assets, I would prefer to avoid the risk. Though I guess they have some ways to obtain that address if they really want to without me telling them - The last solution I have in mind is to pay a very minimal token every month to the DCA, I should be able to escape family scrutiny doing less than 5 pounds payments, at least I'm buying myself sometimes/avoid rather not nice consequences in terms of CCJs or other pursuit but I understood it would mean they have me indefinitely until they are happy of what I have repaid. I should have some money unlocked within 8 years in the UK, a sort of pot (not an asset available right now) that would enable me to repay a good chunk of the debt and I'm sure the DCA would be happy with, would it be possible to have such an agreement with the DCA if I had evidence of that money to come i.e I'm paying 1 pound token a month until then and then repay the thing in 8 or so years fully   I'm a bit at lost on the way forward and any advice would be greatly appreciated, I think waht I'm trying to know mainly is around the consequences of a CCJ in my situation or the possibility of a DCA to run after me in the EU for 30k. the obvious way forward is to tell the truth to the family and face the consequences but right now, I'm not prepared to do this, I will probably have to at one point   Thank you very much and apologies for the lenght of this posting
    • Sorry I cannot work out on this forum how to reply to my previous post. I got free legal advice from student solicitors and their supervisor at a local university which was really helpful. The seller's claim was thrown out of court when I actually attended. I even offered to settle the full cost of the bag out of court, which he rejected as he pretended he should be paid at the level of a solicitor for the case and would only settle for £3000. Anyway, in the event, he got nothing  
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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.

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      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.
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      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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Flight class change

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Can a travel company change the class of a flight to a poorer standard and still charge the same for the holiday? The original booking was made with premium cabin on a return from cuba but they made a mistake in loading flight information and are trying to get us to accept this. We made the booking on the basis of the original flight and paid a deposit. Now they are saying they can't afford to let us go on that basis but will allow us to cancel. This may leave us with limited holiday options because holiday time is booked at work and can't be altered. Do we have a claim?

Edited by johna9
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I would imagine if you have the particulars of the holiday in writing along with the payment quotation they should honour this.


not sure if this is covered in the montreal convention perhaps take a look there

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perhaps to save you time ring or email a similar airline i.e. if you flights are with BA ring Virgin and ask if they would do the same thing - sometimes they give you the answer quickly so you don't have to trawl though loads of paperwork - cheeky but effective!

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They can't afford it? They work these things out to the penny before they sell them. oh well, somethings happened... very inconvienient for you. :(


If you do need to cancel, make sure it is without cost, as it is they who have welched on the contract (be very mindful of this in case they try and charge you....I wouldn't be surprised)


I hope you get something sorted for the same price...or less!

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Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.

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Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.


I don't think so reading this, which answers a couple of questions in the OP. The difference maybe because this is a service yet to be taken, but as ever, I'm not 100% :D


    Significant alterations to essential terms
    12. In every contract there are implied terms to the effect that—
      (a) where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and

      (b) the consumer will inform the organiser or the retailer of his decision as soon as possible.

    Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
    13.—(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
    (2) The consumer is entitled—
      (a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or

      (b) to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or

      © to have repaid to him as soon as possible all the monies paid by him under the contract.

    (3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—


      (a) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or

      (b) the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.

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I see what your saying but regulation 12 is based on incidents out of thier control i.e ''(a) where the organiser is constrained before the departure'' , not because they cant do the sums. 11 Doesn't count as it there is no price change,



I think regulation 4 will help though.


Descriptive matter relating to packages must not be misleading

4.—(1) No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information.


(2) If an organiser or retailer is in breach of paragraph (1) he shall be liable to compensate the consumer for any loss which the consumer suffers in consequence


They have effectively said the holiday will be one price and they have all agreed then after a while they have refused to honour this agreement and lowered the class, would the OP have agreed to this holiday with at that price and at the class now being offered. I think the ''descriptive matter concerning the package'' is misleading. May be pedantick as it wasn't malicious but they still did it and may sway an arguement.

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