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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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ms_smith

ms_smith

Posted
Posted

Hey guys,

 

Decided to start a new thread (away from that CMD of mine which is full of off the main point issues :p)

 

Have a question to experts: would you recommend putting the numbers next to the lines on the pages in the bundle or it will annoy the tribunal (while reading the whole pages)?

I know there should be pagination and indexing done to the bundle. But what about counting the lines - it will speed pointing to a particular line in the text. I have started to do it, but have got the feeling it will distract the judges, let alone annoy them. Maybe I put too big numbers but anything like delicately written counting may do, though?

What would you advise?

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madari

madari

Posted
Posted
Hey guys,

 

Decided to start a new thread (away from that CMD of mine which is full of off the main point issues :p)

 

Have a question to experts: would you recommend putting the numbers next to the lines on the pages in the bundle or it will annoy the tribunal (while reading the whole pages)?

I know there should be pagination and indexing done to the bundle. But what about counting the lines - it will speed pointing to a particular line in the text. I have started to do it, but have got the feeling it will distract the judges, let alone annoy them. Maybe I put too big numbers but anything like delicately written counting may do, though?

What would you advise?

 

Numbering every paragraph is fine.....it is a commonly used practice ........so dont worry.

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ms_smith

ms_smith

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Posted (edited)

I thought more of something like numbering the lines in, for example, the minutes from investigation hearings to the witnesses (by the way, shall I put those together with all the e-mails, letters etc. or keep them in the witness statements?).

Sorry if i made myself unclear earlier, I didn't mean numbering each and every single line (I myself would go crazy :)), but let's say put a number next to the text, i.e. 5,10,15,20,25,30...etc.

 

(I am still laughing when I go through all my papers as, just to give you one out of many examples, from the day someone has delivered to HR a fabricated statement alleging racist comments from the conversation I had with some other colleague till the day this colleague got questioned, there was a period of 3 months that has passed... :rolleyes: Imagine, in case of malicious gossipings at the workplace(which I have fallen the victim of as well), if nothing is promptly done by HR, such a period is devastating to my name and reputation at work. Of course I received that fabricated statement - saw it for the first time - only during my suspension (as they decided that I am dangerous to work environment), after 3 months from the date of that fabricated statement.

Of course the person who was responsible for assesing my grievance didn't see anything wrong with that... as if people might forget some details from out of many conversations from before 3 months or just feel intimidated themselves...).

It is very hard to believe that they are well known brand, exist on the market for so long but do things like that. I fear for many more Polish workers who still work for them.

 

Well yeah, going back to the bundle. Do you think 5, 10, 15, etc. numbering next to a continuous text would be a good idea?

Edited by ms_smith
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Bigredbus

Bigredbus

Posted
Posted

Hi,

 

The all idea of line numbering is to help the judge and respondent to easily find the part of the text you are referencing...

 

There are different methods... line, paragraph numbering and highlighting the part of the document you intend to reference...

 

Line numbering is more appropriate when you have an extremely large bundle...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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ms_smith

ms_smith

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There is another issue: they have got their own documents they intend to rely on, I have got my own documents sent from them to rely on and they lied heavily in their ET3 forms. I fear they will be eager to fabricate new documents in the bundle to suit their lyings in ET3 forms, accusing me of manipulation to the facts.

We still didn't fully disclose our papers or agree on the bundle. I just sent their lawyer e-mail asking for a few papers needed and his proposed index to the bundle. Still haven't got the response. How can I more protect myself from their further games? Shall I write to ET?

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Bigredbus

Bigredbus

Posted
Posted

For the time being, I think you should wait for their reply and see what they come up with...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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ms_smith

ms_smith

Posted
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The deadline for the bundle is end of next week though.

There were almost 4 weeks since CMD orders to agree on the bundle but they didn't contact me until I called them myself the beginning if this week! :mad: I smell a rat...

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Bigredbus

Bigredbus

Posted
Posted

In some cases, all happens at the 11th hour... right on the deadline... do not worry too much for the time being...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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ms_smith

ms_smith

Posted
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Posted (edited)

What if they will drag their heels forever? Can I send them the copy of the bundle (according to my documents order :) and index and so on) "BANG! BANG!"(meaning: not much choice given if they wanted to manipulate anything more) and then say "I will send it to ET!" ?

Who is responsible for sending the bundle to ET anyway? If I represent myself and I am not the lawyer, they have the law firm representing them - is it the more experienced, in legal terms, side who takes the duty of sending the bundle?

Edited by ms_smith
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Bigredbus

Bigredbus

Posted
Posted

Follow the link to CPR39PD - guidance on preparation of bundles...

 

PRACTICE DIRECTION 39A – MISCELLANEOUS PROVISIONS RELATING TO HEARINGS - Ministry of Justice

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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