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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      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.  

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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.
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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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Buildings Insurance


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Hi I hope someone can help me with a few queries re my claim.

I had a leak from my shower which came through kitchen ceiling, we employed Dino Rod to repair leak. Their plumber said leak had been dripping for some time, tiles in shower area came off wall in his hand! Kitchen ceiling needs replacing and tiles on part of kitchen wall also need replacing. (They were also loose)

Two kitchen units are warped and one side of kitchen worktops has to be replaced.

Now insurance company has come up with the usual, they will only replace parts which are damaged, this is in my policy so I understand where they are coming from.

They have offered to renew damaged units and work top plus pay 50% to replace all cupboard doors to match the ones they are replacing and 50% to cost of undamaged worktop to match the one they are replacing.

They will only pay for tiles which are damaged.

We cannot match up tiles in either room so this means we have to find cost to retile other walls.

Kitchen fitters we have asked to give quotes have all said it is not viable to refit sink etc. and they thought the idea of just replacing doors was not a very good one. Existing plinths and cornices will not match, plus open end shelving units will be odd.

The insurance company surveyor was worse than useless, his advice was to go for a completely different unit so it looks like we meant it to look different! He also didn't see what was wrong in having different worktops.

I'm not saying I have the best kitchen in the world but it is certainly decent and although it wasn't top of the range when bought neither was it the cheapest.

I have submitted 2 qoutes for the kitchen, one B& Q and one a local firm,

The insurance company say both these are far to high.

I am really upset and can see the kitchen is going to end up a mis -matched mess. We are going to have to find money to put to repairs which at present we cannot afford - I'm beginning to wonder why I'm insured?

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Hi, can anybody advised if I have any argument with insurance company regarding their level of liability. I understand that there is a clause in policy re only replacing what is damaged but surely a fitted kitchen or tiled wall is different?

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Hi, can anybody advised if I have any argument with insurance company regarding their level of liability. I understand that there is a clause in policy re only replacing what is damaged but surely a fitted kitchen or tiled wall is different?

 

I'm afraid to say the "Pairs, Sets and Suites" clause does also apply to fitted kitchens and wall tiles. The clause applies to any item of a uniform nature, design or colour.

Rather than getting your own quotes for the kitchen, it's probably best to let your buildings insurers deal with that, especially as they've already rejected 2 of your quotes. They will probably have special deals with approved contractors.

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  • 2 weeks later...

This is turning into a nightmare. Insurance company sent their contractor today. He said whole ceiling will have to come down which will bring off wall tiles, plus ceiling cannot be removed without removing all wall cupboards first, he said we have not got a prayer of matching up damaged cupboards with undamaged ones. Who pays for all wall cupboards to be removed and put back?

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