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    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hi,

My mate was renting rooms in his house to lodgers, they have all moved out now, but one ex lodger is asking to see a copy of the gas cert for the period he lived there. LL has realised he didn't have gas cert (he claims he didn't know he had to) . Is he in trouble?

 

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I read awhile back elsewhere that enforcement of these issues was not as should be hoped for - but there are still prosections from time to time

 

Get your mate to read through http://www.hse.gov.uk/gas/domestic/faqlandlord.htm for starters - AND get him to up his game too :( Aside from any other considerations he owes a general duty of care to his tenants. If he's missed the basics of gas safety, what else is he skimping on? Which begs the question, why is the ex-tenant asking after this?

 

Best your mate can do for now is to get it done and, perhaps, ask why it's needed now the tenant has already gone? At least he has then taken steps to address this issue, even if it is a case of after the horse having bolted - which is no defence, but is a start

 

So, why IS the ex-tenant after this now?

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Skimping isn't the issue, as soon as he realised he needed a cert he got one, he just let rooms to lodgers in his own residence. He does not need any guidance on his responsibilities now as he doesn't have lodgers any more, but the ex lodger is demanding to see a copy of the cert for the period he was there.

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"Skimping" :) Not too much offence was intended and it serve me right for typing at speed, as always

 

Still curious as to why an ex-lodger is demanding to see the certificate though. Sounds that there is either some back story here and/or the ex-lodger is a bit of a pain. Wonder if a message will be posted on CAG about this from the other side ;) no pun intended.

 

In the meantime have a look at http://www.hse.gov.uk/gas/domestic/faqtenant.htm#faq4 I'd need to check the original legislation, as the draft letter given in that link appears to be for current tenants to use. At this point in time I do not know the answer to the question, but post the following in the spirit of CAG anyway.

 

The lodger has gone now, so subject to any other issues/comments could be tempted to just ignore the ex-lodger - save if they are that persistant, they may not initially go away

 

Admitting there was no certificate though? Depends on circumstances, to a degree, plus I've heard enforcement has not been as it should have been in the past. Things may have changed since then though. So, whilst honesty is sometimes the best policy, it may (perhaps) require a little misdirection, without being too disingenous. If your mate feels for any reason that he needs to respond, it could be along the lines of, say:

"I was forced to rent rooms in my home for a limited period to make ends meet. I'd always had my gas boiler serviced, but hadn't initially appreciated the need for a certificate too. Once I became aware of this I was provided with a gas safety certificate by a suitably qualified contractor. I no longer rent any rooms, however, but should I have rooms available in the future and you wish to return at some later date please be assured that the gas safety testing will be in place, as it is now. Other than that I cannot help you much further, but good luck all the same"

 

Not condoning this, by the way, and I stand by the skimping comment, to a degree, but may be it's time for the ex-lodger to move on here?

 

or, more to the point, "You no longer live here and I no longer rent rooms. I have no wish to become embroiled in any exchanges on this matter, but am curious as to your intentions here - if you wish to pursue this, please explain yourself"

 

Personally, there isn't a lot to go on in your post, but hope this helps all the same. Skimping? I'll be sure to try and avoid saying that in future! It's late though and may need to think on this - and in the meantime someone with up to date knowledge of HSE enforcement might be along shortly too, so, bump

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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