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    • What it's up to you – but you come here for our advice and then you go to a garage for advice and you take their advice. Are they lawyers? Do they have legal experience? Are they going to be the people who draft your letter of rejection? Are they  the people who will draft your letter of claim? I think you need to decide where you are going to get your advice from.  
    • I explained in the garage what is the case and they advice me to do it only diagnostic.    
    • I'm glad to say now that you're going to have difficulty bringing a legal action against these people. You don't have a proper trading address and even if you can convince the court that you did actually serve the claim correctly, and you win the case – which is pretty well guaranteed – the difficulty will be trying to enforce the judgement. Enforcement means that they will have to agree to pay the judgement or else you will send bailiffs around and the bailiffs will oblige them to pay. At this level you are only dealing with County Court bailiffs who are pussycats and they will have the same difficulty finding the still open as you are. The cost of bringing this claim would be about £50. Assuming that they don't defend – you will get judgement but then the cost of getting county court bailiffs involved is about another £65 or so so you would be out of pocket by £115. You would get this money back – assuming that you can enforce the judgement. We are happy to advise you and we are happy to help you with this. Your chances of serving the County Court judgement on their stall is reasonable. Your chances of success is pretty well guaranteed but your chances of enforcement and getting the money for the phone and also your court costs are frankly negligible. So you might have gone to a lot of trouble and find yourself out of pocket by nearly £300 – price of the phone + cost of the action and enforcement. We don't often give negative advice here – but in this case unless you can find out more about the sellers and in particular where they live – and also their names, I think you are on a hiding to nothing
    • The things is the computer shows also in my car 18k mileage however has only 11k maybe even they was changing the clock. I attached now fully proof from MOT Centre We have done only the diagnostic on vehicle. Could you please help me to send the email to bigmotor and also finance company ?   Thank you   Audi Report.pdf
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Employment pay problem (for consultancy services provided)


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Hello and apologies if I'm posting to the wrong section.

 

For the past 4 months, I have been providing consulting services to two individuals wishing to set up an investment managerment company. There is no company as yet, but it has been in the process of being set up for several months (hence I am consulting for the individuals).

 

Here's the problem: I have not been paid despite constant reminders. Every time I ask (by email or verbally), I have been given assurances that 'the money is coming'. I have no written contract detailing terms of consultancy but I have verbal (with witnesses), email and text messages that I believe offer ample proof of consultancy. I have also attended several meeting with them or on behalf of the individuals. I have now issued an invoice (for the 4 months of consultancy) to the two individuals (one of whom lives in Italy). However, I don't believe they will pay.

 

What should be my next step? Do I need to issue a Statutory Letter of Demand (SLD) now or do I need to wait until a reasonable amount of time has passed (from the date that I issued the invoice) before I can send the letter? Is there anything else I should do? One final thing: I have issued an invoice to cover up to the end of June - obviously the month of June is not yet in arrears given that we are only half way through it. But the other three months (March-May) are. Does that make a difference as to when I can issue the SLD? Any help would be hugely appreciated. Thank you

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