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By lookinforinfo · Posted
Laura between you and Dave you have produced an excellent WS . You have had this idiocy hanging over you for two years and at long last it is coming to a conclusion -in your family's favour. I am sure you will be nervous on the day but all you have to do is stick to your guns, relax and be confident that you will win. -
By Laura Cooke · Posted
The ISA quoted vehicle CY08JCJ entering 12.49 and exiting 14.19 this is not my sons vehicle. These times also vary from the two payments made? -
Not completely black and white. ICO says if you ask for the information to be sent in a particula way, in your case electronically, then they should send in that way "if possible". So I suggest making that request firmly. I would guess if they actually only hold paper copies they'd be with their rIght to decline to scan everything for you. Or they could transcribe just your personal information. -
Hey guys, just wanting to double check since it's been a a year since my last claims mediation, this is the best stance to have during the mediation right?: "I am willing to be flexible by not taking Evri to court to get a judgement against them and i'm willing to settle now. but I'm not here to compromise on my rights or the amount i'm owed as I have all the rights in this claim and Evri know this, despite what they may say now. I do not wish to waste the courts time and our time, it's Evri who are being inflexible and they are just wasting evryones time if the are not just paying up now. they should just offer the full £ and we can proceed The function of mediation is not to persuade you to give up some of your rights. The function of mediation is to help you obtain what you are entitled to without having to go to court and without having to inconvenience or trouble anyone further. The benefit to the defendant is that they are saved the expense and the inconvenience of going to court." I can also bring up that 1. they no showed this court in our previous mediation call and wasted all our time, and 2. they already settled in full with me last year on an identical parcel and case so we're going down the same road? -
Regarding SARs - does the recipient provide hard or digital copies of info? I sent out a request recently. All the info was digital and I'd like it sent digitally - for expedience - but they want to post hard copies. Can I demand digitally? If it's hard then I will have to labour over scanning it all back in to my computer - which is a waste of my resources. I had this issue recently with a lawyer - they said they had too much info to send by email. Yet miraculously found a way within 2h. (It would be useful to have hard copies too - but in terms of short-term follow up communication digital is best for me)
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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