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    • Hi  Got a reply from hmrc help desk, wasn't much help just telling me to make sure everything is filled in correctly. Everything was cross checked by my partner. My Mrs has just said I may have filled a gateway account many years ago, I'm not sure,but that would have been the same details, just a different email address, the old one I can't access to look back on. Thanks H  
    • Do you work for a Fibre provider? I recognise some of the terminology.  I know this seems irrelevant but would be interesting to know. I am still reading this but it does seem to resonate quite well. Might be able to offer some advice 
    • The letter received on the 24 is the papdc???    So I should delete that paragraph from defence ??
    • It occurs to me that now you on the verge of a trial that you must been offered an opportunity to go to mediation. Is that right? Did you go to mediation? If so what happened? If you didn't go to mediation then why not?
    • Thank you for these uploads. I've had a look at the documents – both your claim form and the defence. They are both pretty sparse but from what I see, I'm afraid that I don't rate your chances of success very much. Why haven't you sued Interparcel or Evri? I asked you earlier on to post a bullet pointed chronology – and you haven't done that. I think we need to see the whole story. You bought an item from Amazon Germany – what date? The item failed – what date? You notified Amazon within the warranty period – what date? They then said you were outside the warranty period – why? You then sent the items back to Amazon – who made the arrangements for the return? You chose Interparcel – why? I don't see where parcel2go comes into it. They aren't a courier company they are simply brokers. I then gather that it was transported by Evri and it was lost while in their care stop You really have given very little the story either to us or to the court's or to the defendant. You came here in April for some advice but rather than answer our questions you went off on your own and am sorry to say I think that you might have thrown this case away. Give us more details and we will see if it can be rescued. You may find that you are in a position where you have to abandon this case and then go directly after Interparcel or after Evri. This would mean that you have sacrificed the claim fee on this particular case but at least you stand a better chance of getting your money back. Please answer the questions. It's very tiresome asking you questions and then not getting responses or having to chase you for them.     Also, have you prepared a witness statement and a court bundle? If so, where are they? If you haven't – then why not
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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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    • 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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Help needed. Repair costs and Liability


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Hi,

 

I need some advice.

 

I moved into a new flat a couple of months ago under an assured shorthold tenancy. It is a second floor flat as part of a three storey building.

 

A couple of days after moving in, the ground floor flat flooded. It was found the water had come from our flat but, as it was discovered it was a burst pipe, we were cleared of liability for the damage caused downstairs as it was not our fault.

 

The entire flat has laminate flooring throughout and, about a month after the flooding downstairs, one of the laminate boards in the middle of the living room floor buckled and curled up. We've never spilt any liquids on the floor in great quantity (i.e. beyond maybe wet shoes after coming in from outside). The landlord has had someone come round and asses the damage and has now advised that we are liable as it has been caused through negligence and we will have to pay for an entirely new floor to be fitted.

 

simple question, where do i stand? Am I liable to pay for this? it seems likely that it has been caused by the water damage downstairs (which eminated from our flat) however is it up to us to prove this, or is it up to her to prove that it has been caused by our neglicence? Help needed please.

 

Thanks guys

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Onus of proof is on him - simple as that.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks Mr Shed. That is what I basically thought.

 

Also, can you clarify what the actual definition of betterment is in this context?

I've since found out that the original floor was fitted 5 years ago. If the LL is demanding we pay for a brand new floor, is this an example of the above?

 

I've also discovered that it looks like the floor was fitted incorrectly. Apparently, with laminate floor, you are meant to leave a gap between the floor and the wall to allow for the expanding and shrinking of the laminate, and in this case this hasnt been allowed.

Dont think the LL has much of a case to be honest though.

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Yes that is correct. Betterment is getting the tenant to pay "new for old" basically. IF he had a claim in this scenario, he would only be entitled to charge you what it would cost for a floor in the same condition and AGE as the existing one.

 

This obviously doesnt work in practice, so it would end up being a percentage of the cost of the new one.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It might be worth you having someone (maybe a surveyor) round to assess the damage and it's possible cause. I don't think you should have to pay for this and anyway, it can probably be covered by insurance.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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