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    • It just been delivered and ive had a live chat with p2g to get some proof of deliverey and they send me a picture of the parcel placed in a gas meter box which they class as a ' 'Safe Place'  and not placed into the hands of the buyer which is either a good thing as the buyer can claim he never received It so i can claim against p2g or a bad thing . Do p2g have coordinators when taking pictures and scanning of parcels ?  I know Royal Mail do ... I'm going to send the buyer a message and see what he says
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    • Wow thats incredible. Thank you so much
    • If the purchaser denies having received it then sue P2G. If you simply don't hear anything more from the purchaser then you have the purchaser's name and address – and frankly for £48 I would go ahead and sue. As long as you have good proof of delivery then your chances of success are probably better than 95% and frankly the purchaser would probably put their hands up as they would effectively be being sued for the civil equivalent of theft. I wouldn't let it go if I were you. It would be a good exercise for you and gives you confidence the next time something comes up which is may be much more valuable
    • Thank you again Emmzzi for your insight. Not only did I do the work, but as a maths tutor delivering financial literacy workshops under the Govt Multiply project, the college were paid £400 for each student I recruited, which makes it an even bigger kick in the teeth! I spoke to Citizens Advice Bureau on Friday who advised me to go back to ACAS for advice and assistance, as ACAS are the experts in employment matters. They did also mention small claims court, as being more straightforward and less complex, but surely their solicitor would just contest this and I would lose the £80 court fee? If I did submit a claim through the small claims court, would I just leave the employment tribunal running until the outcome? The deadline for me to submit my schedule of loss is tomorrow, so I will submit today so that they cannot hold me in breach.
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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.
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      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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I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights? *** Claim struck out ***


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i also forgot to say ! as i am knowledgable about cars ( just as that dealer should be) if someone said to me the turbo is a suspected fault then personally i would NEVER attempt to drive that car 130 miles , infact i would not even drive it at all and would recommend recovery only from where it is along with telling any recovery driver NOT to start the engine at all to load the vehicle, the reason for this is simple , because a turbo fault can and in alot of cases result is causing excessive damge to the engine aswell as running risk of emitting high levels of smoke out onto the road impairing other road users view ( whitch would also be illegal) , with this in mind you might also want to point out that the dealer chose himself to drive the drive AFTER being informed of a turbo failure and therefore took his own risks in casuing further damage to the vehicles engine

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It would be interesting to see where this goes as i recently traded in a bmw 3 series on the day the mot ran out and with a abs warning light issue. i traded the car in on a freelander and the dealer later found out it was the abs pump that was shot on the bmw but still honoured the warrenty on the freelander and replaced a faulty cat so he took a gamble that the abs thing would be an easy fix but it ended up costing him more but he didnt get his knickers in a twist about it. oh and if youve bought a range rover daisey then it might be an idea to join landyzone for advice and tips for when it starts going wrong. oh yes and it would be nice if you could name the dealer after things are sorted so we know what to expect if any of us have to have dealings with him.

Edited by taxii
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yup i agree and he seems to think he can just bully her into parting with some cash. hopefully she will listen to the advice here and not panic too much. the fact that he wont go to mediation shows hes dodgy but im a bit concerned that the courts have gone this route. theres nothing to mediate imho. shes in the right and hes in the wrong. any idiot could see that.

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  • 2 weeks later...
Just received notice that the claim has been struck out, which hopefully means this is all over! Thank you all for your support and help

 

Brilliant news, he can appeal the decision (apply to set aside) but that'll cost him more money to do and he only has a set period to do that without throwing himself on the mercy of the court and finding a blinking good excuse for not doing it in time(think its 14 days but my minds gone blank :-()

 

S.

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Sorry cant edit the thread title to show *** Struck out *** as my work network blocks some editing functions of CAG :(

 

S.

Never mind - I've done it.

 

Great result - don't like to brag but I did tell you so! :D

 

 

Brilliant news, he can appeal the decision (apply to set aside) but that'll cost him more money to do and he only has a set period to do that without throwing himself on the mercy of the court and finding a blinking good excuse for not doing it in time(think its 14 days but my minds gone blank :-()

 

S.

But he would be absolutely stupid to try. The case was presumably thrown out because he hadn't got a case. He still won't have one if he tries to overturn the strike out. He is best quitting while he is behind.

 

 

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