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    • Yes, await the Directions Questionnaire from the court. No, the Directions Questionnaire is just a short form and leads to the case being transferred from MCOL/CCBC to your local court.  If you Google "Form N180" you can see a blank copy on government web pages.
    • There will only be one hearing (typo possibly 25th is a Saturday Courts closed ) clarify with the court.
    • Upload a redacted copy of their statement (+ Exhibits) please.
    • No Andy, I'll scan, redact and upload later today. So the court sent me 2 letters, same envelope and stapled together but with different dates!. 1. N24 General Form of Judgement or Order, stating: UPON considering the papers herein IT IS ORDERED THAT The claim is listed for an attended hearing 25 May....... at which court will consider allocation..  etc   2. N24 Notice of PTR/Adjnd/Restored/Hrg/Management conference TAKE NOTICE that the hearing will take place on 24 May at....... When you should attend 30 minutes has been allowed for the Hearing   No other instructions anywhere in the envelope or on the letters. Do I attend both?
    • Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?  
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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.

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      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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Has she got a leg to stand on?

I am writing on behalf of my sister, who recently requested to cancel her car insurance. The reason she had to cancel the insurance with the company was because they were unable to provide addition cover for her fiancé as he is not over 30 years old. My sister is heavily pregnant and is due mid August, hence the importance of her fiancé joining the car insurance, so they had no other choice but to go elsewhere.

She has been told that she has to pay over £200 in cost to cancel? She has been paying monthly and after this month’s deduction she has paid up to date. I respect the fact that she would have to pay for admin costs; and I would understand if she had no real reason for the cancelation; but why does she have to pay for a service that she is no longer going to be using because they were unable to provide the service she needed? How can they get away with this? It seems like legal robbery to me and it's just not fair!!

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  • 4 weeks later...

Presumably there will have been terms and condtions attached to the policy and it should be set out re a cancellation charge. My car insurer charges me the equivalent of 1 months fee to cancel my insurance ( I pay it annually)

 

If you pay by installments it can sometimes work out more expensive when canncelling and if you cancel outside of the terms and conditions of the policy it can work out being quite a costly cancellation.

 

If your sister was already insured but then at a later date went on try and add her partner but the insurers were not prepared to do so under the condition you've quoted then your sister has no recourse against them whatsoever.

I reside in Dawlish Warren but am not a rabbit.

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