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    • simply write to them, offering one months fee, give them 14 days to accept. if they sont accept, ignore everyone. Harlands too! and the extra £20 penalty is not allowed either. thread title updated. dx  
    • So technically you could push it via the courts with the clause in the AST (I remember seeing something about this recently)  However if one has left the country - It might make it hard to recover it all from the others.    How would you look to bring action against all parties involved? Do you know where all of them currently are?  You can service to last known address but as you know they have moved on - It could be held against you by a judge if it goes all the way.    I think you need to consult a solicitor on this one - Its a complex claim against multiple people rather than a simple Creditor vs Debtor claim we see here. 
    • Initially, the property was let to four foreign students, but they are no longer on student visas. During midterm, two of them moved out, and two new friends of theirs moved in, one of whom is the lead tenant's British girlfriend. The lead tenant got married to a her and became a dependent who is now one of the tenants in the AST agreement. The third tenant found a work permit visa, and the fourth left the country a few months ago. Recent contract only three.  Please see the attached AST, which seems that I may be able to claim any costs exceeding the deposit. All ASTs were signed electronically using the MUDHUT template. AST-name removed.pdf
    • I'm sorry Mystic I did miss it. My wife went into hospital around that time so while I read your WS I missed the Excel case and never had the time to respond to your WS. Fortunately Dave has done pretty much what I would have done though I would have added the point I made on post 117 . It's partly to embarrass UKPC in the hope that they withdraw the case and if they don't perhaps the Judge might query their truthful declaration. And I would still use the fact that being broken down is not parking as well as creating a frustration of contract. The Judge in Jopson v Homeguard spells out quite clearly what parking is and is not. He didn't use car breakdown as one of his examples but had he done so it would have been appropriate. It's just another argument to disincline UKPC from continuing. I know it's a bit of a hassle to alter your WS again but if it changes UKPC from pursuing you , it would be worthwhile.
    • You need to title your exhibits - EXHIBIT 1, EXHIBIT 2, etc. - and add them to the end of the WS. You can use the attached as EXHIBIT 3, you just need the one page, not the whole CoP. The WS and the five exhibits need to be e-mailed to both the court and UKPC.  You might as well hang on till Sunday just in case the other regulars have ideas. 17_extracted_Version91.2.2024.pdf
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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.

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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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Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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:lol:

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If only t'were true!:lol:

 

Well he did say he was going into charity work. Mind you, I expect that was a lie too.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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