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    • If you are buying a used car – you need to read this survival guide.
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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.

      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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    • 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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won Claim for return of College fees-service not provided - now Suing for loss of earnings.


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Hi,

 

I am looking for a few bits of advice...

 

I am looking to sue a private teaching college and I am 90% sure I would win the case but I wanted to confirm on thing...

 

When I bring a claim, if I lose and the defendant has paid a solicitor etc for representation, will I have to pay for those costs?

 

Thanks!

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In small claims costs are discretionary-so it would be up to the Judge on the day.

If the other side won and the facts of the matter showed that you were wrong to bring your action,then costs could be awarded against you.

Generally solicitors costs are not awarded against a litigant in person but at the end of the day-all factors have to be taken into account.

However if you win then you could claim up to two thirds of what it would have cost you to use a Solicitor to fight your case.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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However if you win then you could claim up to two thirds of what it would have cost you to use a Solicitor to fight your case.

Really!? I thought only actual costs could be awarded, even to a litigant in person (e.g. cost of travel to court etc.).

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You can claim £9.25 per hour this can be for things like researching case law or CPR etc.

On top of this you have things like traveling expenses stationary phone calls etc.

 

The 5k ceiling is not absolutely rigid-a Judge can allow a little over.

If you dont know the amount you are claiming then you would state "not more than 5k" if you wanted it to stay in small claims.

Depends what you are thinking of taking them to court for...there are different pre-action protocols depending on that.

If you are so sure you would win-why are you asking about potential costs against you ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Morally wrong and legally wrong are sometimes quite different.

 

 

legally wrong mate

 

i paid for a service they did not provide.

 

anyone think it would be Ok to post the details on here and have oyu guys give it a once over?

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I wont be claiming anymore than £2000. It may even be around £1000. It highly depends on what the judge deems reasonable for damages in my situation.

 

BTW, I'm a little confused now about the info being supplied. My original question was about what "expenses" the defendant can claim IF they win the claim bought by me, the claimant.

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BTW, plese can we go back to orignal question before I post more details...?

 

My original question was about what "expenses" the defendant can claim IF they win the claim bought by me, the claimant.

 

Help?

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It depends. We'd need to know the details of your claim and what you've done to resolve the matter before you file the claim. If you've gone straight to court without trying to resolve the problem directly with the college it will may make you liable for their costs. It depends on the judge to be honest.

 

But before we start talking about costs let's establish if you actually have a claim

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Hi needadvice1.

 

I have approved the first two attachments, but the third one (a letter) contains personal information.

If you would like to remove the name and address and any other personal info and then re-post it, that will also be approved.

 

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Can I ask the name of the institution?

 

To answer your posts:

 

1. In small claims costs are awarded for unreasonable behaviour by either party. This is at the discretion of the judge, but usually only granted in cases where it should have been blatantly obvious that there was no case to answer. There is no guarantee however that costs will not be awarded against you if your lose. Usually such costs would have to be proportionate to the amount claimed, but if your documents filed are substantial then this can get quite high.

 

2. Compensation [for stress & aggravation] is a very difficult area of law. Grounds for compensation are;

a) Through an Ombudsman/Adjudication/Alternative Dispute Resolution ("ADR") scheme. Various sectors are covered by various schemes [such as the Financial Ombudsman Service for the financial sector, CISAS & Otelo for the telecoms sector], some obligatory and some not. There are well over 100 different schemes that cover different sectors. In such cases compensation can be awarded, and if awarded can be enforced in a court.

b) In cases of Personal Injury. Speak to a Personal Injury Solicitor, preferably a member of the Association of Personal Injury Lawyers ["APIL"].

c) Racial Discrimination & Disability Discrimination.

d) Breach of contract - where SPECIFICALLY provided for in the contract.

e) Breach of contract - where it is an INTEGRAL part of the contract that enjoyment be provided through the contract, for example: package holidays, wedding planning, etc... Courses do come under this for some, but the law is very difficult to interpret so your specific circumstances need to be VERY clear.

f) Where another Act, Regulation or Directive provides specifically for such compensation, such as cancelled flights/denied boarding (EC Directive 261/2004) which is now much clearer thanks to European Court of Justice ruling C-549/07.

 

The general rule in all those where the amount of compensation must be decided by the court, is that compensation can only be awarded where;

a) The action would cause a reasonable person stress and/or aggravation.

- or where the person had a pre-existing condition that contributed to that stress and/or aggravation -

b) The defendant/s knew of the pre-existing condition prior to entering into the contract AND that the action would cause a reasonable person with those conditions such stress and/or aggravation.

If neither of these are the case or proving them would be too difficult then it is unlikely compensation could be awarded.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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I am reading your letters and you seem to just want to quote any law that even may not be remotely relevant. How is the Contracts (Rights of Third Parties) Act remotely relevant? Which third party would be suing that would be relevant to you?

 

I just want to get everything understood before I even endeavour to assist you.

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My employer would be the third party. They are affected by my non-progression.

IF they had the ability to claim then they would only be able to claim losses because of that non-progression. Proving those losses would be next to impossible. And they would have to be foreseeable losses. I suggest you drop that thought of action, because you'd definitely need a Solicitor to fight such a very difficult case and I would guess would have a high risk of having costs awarded against your employer if you even tried initiating such proceedings.

 

So who are these people?

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Am I allowed to say who they are?

 

What are your thoughts on the rest of my case? The third party claim was not at all the main claim I was making, it was just a coupel of lines as a bit of a side note.

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Am I allowed to say who they are?

Yes.

 

What are your thoughts on the rest of my case?

There definitely seems to be a claim for a refund and maybe consequential damages. Compensation might be a bit difficult.

 

The third party claim was not at all the main claim I was making, it was just a coupel of lines as a bit of a side note.

Yes, but by writing things like that people take you less seriously, as it wouldn't stand a remote chance of succeeding.

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Ok, thank you very much for the reply.

 

Can I ask why you'd like to know the name of the company? I don't mean to be odd but I'm very new to this sort of thing so I don't have an understanding of the normal protocol.

 

Also,

 

How much do you think I could claim for in terms of damages?

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