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    • Yes, I noticed that.  Too much of a coincidence methinks!  The OP says they never received a LoC and then in the CPR answer the solicitors say they hold a copy of the LoC but don't include it. I think the best thing is not to request a copy but use this against them in your WS - you never received LoC and indeed in their answer to your CPR request (included an an exhibit in the WS) they included various documents but not the LoC.
    • Frustratingly I've got a voice WhatsApp message from my friend but he's misunderstood the situation and thinks it's you who wants to cancel.  Anyway, I've answered asking if I can call him and hopefully the two of us will be free at the same time today to actually speak on the phone. In the meantime I found this on a page I think meant for people/businesses who have listings on Booking.com How can I communicate with guests to inform them about unforeseen issues at my property and initiate a cancellation? If you’re experiencing unforeseen issues and can’t accommodate your guests, you must report this to our customer service. They will support you with the cancellation request and relocation of the guests, if applicable. https://partner.booking.com/en-gb/help/reservations/changes-cancellations/handling-cancellations-and-guests-cancellation-requests#question-153182 So that's what the host should be doing.  
    • Hi ALl,    Would appreciate some advice and support. I went to insure my car with my partner last night and they refused insurance. I checked my dvla license online and it stated I have been disqualified for 6 months. This is due to 2 driving offences that I failed to identify the driver. I moved house a year ago and completely forgot about changing the registered address. This went to court on 14th May 24 and was given a fine for both and 6 points each totalling 12 points and a 6 month ban. I have read a few things online and spoken to a couple of solicitors for a quick consultation and views and opinions are so varied. Some solicitors are charging extortionate money for something that I know takes 5 mins such as the statuary declaration.    I am going to complete a statutory declaration today and get a solicitor to sign and submit this. But is this just delaying the inevitable? what's the likely hood of being able to overturn this and just pleading guilty to the original 2 offences and take the 3 points for each and a fine with no ban? Any help would be much appreciated, I have been sent the papers by the courts today so have this to hand. Looks like I'm only being charged for the failure to identify and not that and the speeding offence if that makes any difference.    R
    • Again, in the second letter in post 39 upload, they say they "hold a copy of the letter of claim". BUT, they didn't include it... Hmmmm!
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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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Fallen Empire


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Hi guys, I wonder if you can help?

A colleaque bought a t.v. from Empire Direct in 2008, it has subsequently developed a fault in the last few weeks. She was given a three year warranty but when she phoned the contact number the pre recorded message said that the company had ceased trading, and the company that had taken over the business could not or would not honour any warranties. She has paid out about £170 to have the fault rectified. My quetion is does she have any claim against anyone for recompence?:confused:

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As the company went into administration I think it would be hard to persue this with anyone.

 

You may be able to contact the recievers to request a refund of the £170 but they'll be way down the list of creditors.

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I would get in touch with the manufacturer. I had a shop a few years ago and on a couple of occassions someone came in asking advice on something that had developed a problem but the shop they originally bought it from had ceased trading. Both times the manufacturers arranged for replacement.

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Thanks for your replies. I have passed on your comments. My colleaque is going to make enquiries, she thinks they payed with American express

 

By the way Wino, it was the manufacturer who charged them for the repair.

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.

By the way Wino, it was the manufacturer who charged them for the repair.

 

 

I am surprised at that, even though it was under guarantee?

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As said by BSC: Empire Direct went into administration, so whilst your colleague could be registered as an unsecured creditor, my understanding is the odds of getting anything is next to nil.

 

As said by raydetinu: If it was purchased on a credit card, the credit card issuer has a liability under s75 of the Consumer Credit Act 1974.

 

If you need any help, please don't hesitate to ask. I'm now subscribed to this thread and have a lot of experience in matters like these, so will be happy to try to help if need be.

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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. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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  • 2 months later...

:)To all you Caggers

A very grateful colleague bought me a nice bottle of single malt, as she has received a full refund from the bank totalling £780. thanks to your input, I'll raise a glass in your honour.

As she said, she would not have chased this if it had not been for me giving advice, but I would not have known to give the advice if I had not found this site.

 

Thanks again

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