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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

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      Bozo's buddy Peter Cruddas seems to have switched parties. Tory peer Peter Cruddas shared posts supporting Nigel Farage and Reform UK | Conservatives | The Guardian WWW.THEGUARDIAN.COM Exclusive: almost half of billionaire Tory donor’s last 100 reposts were in support of rightwing party
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      Doves in Horsham/Santander Car Finance - Mercedes water ingress 7 months after purchase

      By BankFodder · Posted

      Have a look at this please check that it is all correct, fill in the blanks, if there is anything wrong then tell us. Anything you want to add. Anything you want to take away. So, broadly this letter
    • Butterbean23
      Doves in Horsham/Santander Car Finance - Mercedes water ingress 7 months after purchase

      By Butterbean23 · Posted

      Thank you. Can you explain what part needs to be amended. I’m sorry, I don’t understand which part is referring to right to reject. Should I be including  they are in breach of contract because the vehicle is not satisfactory quality. Clearly because of the way the windscreen was fitted it was not satisfactory quality when it was purchased and it has not remained in satisfactory condition for a reasonable period of time – witness the leakage and the corrosion in the car.    instead of    Therefore, I expect Doves to take responsibility for the costs incurred, as per the Consumer Rights Act 2015 “should a fault appear outside of 6 months, it's for the consumer to prove the fault was present at time of sale”     
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      I agree with you, UB. More parties might not be such a bad thing. More on Farage's manifesto - sorry, contract.  
    • BankFodder
      Doves in Horsham/Santander Car Finance - Mercedes water ingress 7 months after purchase

      By BankFodder · Posted

      Sorry but first of all you are still referring to your six-month right to reject – but you didn't assert your right within six months so this is not relevant. The situation is that you cannot reject the vehicle unless it is a write off or you have been deprived of the use of it for a significant period of time so that it can be said that you have been deprived of substantially the whole benefit of the contract. By my understanding that is not the case here. Your complaint must be that they are in breach of contract because the vehicle is not satisfactory quality. Clearly because of the way the windscreen was fitted it was not satisfactory quality when it was purchased and it has not remained in satisfactory condition for a reasonable period of time – witness the leakage and the corrosion in the car. On this basis you are holding them responsible for the cost of repairs which are £XXX and any ancillary costs reasonably incurred as a result of their breach of contract. You are currently without the car and this is not a situation which can continue. You are enclosing the evidence plus quotations for repair and you want that by the end of the week you want them to agree to the repairs. Broadly that. Please post a draft as soon as possible. You don't want to hang around on this

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Debt_mountain vs Cabot

debt_mountain

By debt_mountain
in Debt Collection Agencies

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elizabeth1

elizabeth1

Posted
Posted
We aim to please. I am one of their best cusomers you know!!

 

 

and as such - we know you have to "keep in touch" :D :D

 

You know Morgy will be upset if he doesn't hear from you!! He'll start thinking you not friendly no more if you don't keep in touch :D :D

 

It's good you introducing nice new friends to him - you know these Hodsons peoples don't get the posh parties that Cabots people get unvited to - so Morgy needs to make some nice new friends ;)

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debt_mountain

debt_mountain

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I now have a court date 6Th Nov for a case management conference, pre hearing......

 

woohoo, can't wait to see what threat is brought up about Fast Track etc.

 

I will just have retunred from a well earned week in Tenerife so should be relaxed and will have studied my paperwork while knocking back the San Muigel!!

 

the judge has ordered that we list the issues and agree a set of draft directions (if possible).

 

Wonder if Piers will want to do that? I am just going to go and ask him.

If I have helped click my scales....

 

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elizabeth1

elizabeth1

Posted
Posted
I now have a court date 6Th Nov for a case management conference, pre hearing......

 

woohoo, can't wait to see what threat is brought up about Fast Track etc.

 

I will just have retunred from a well earned week in Tenerife so should be relaxed and will have studied my paperwork while knocking back the San Muigel!!

 

the judge has ordered that we list the issues and agree a set of draft directions (if possible).

 

Wonder if Piers will want to do that? I am just going to go and ask him.

 

DM - this should be a good opportunity for negotiations to take place - don't let the fast track thing worry you - Cabots do tend to use this to scare people off. You just need to emphasise your points simply and Judge will see that fast track isn't necessarily the answer.

 

Will be interesting to see how or whether Piers intends negotiating with you prior to case hearing date.

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debt_mountain

debt_mountain

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Knowing what we know about Cabot they may make a settlement offer but it will be for a small amount of cash, a non disclosure to be signed and no they won't stop sharing any data.

 

We also know they will continue to court as often as it takes as they live in the hope the judge may make an error in Cabots favour and the claimant (me) is not part of the CFC and has covered all the bases with his CFC pals.

 

I hold no hope in any up front successful negotiation but we have the case this week (I am right amn't I) and also other one early Novemeber too.

 

So by then a few other tests will have been though.

 

I am also chasing Bank of Scotland for 4 accounts they share with the CRAs , 1 of which Cabot are alleging to be the owners of. So I took the Bank to court to have them stop talking about me without my permission (to the CRAs). They have just acknowledged the claim and will have to have a defence in by early Oct. Will be interesting to see what they say about the one with Cabot?

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debt_mountain

debt_mountain

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Information commissioners will do very little other than bump their gums a little and possible chaseup the lesser of you complaint. I don't beleive the ICO understand the complexities and misleading manor of Cabot and friends.

If I have helped click my scales....

 

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Curlyben

Curlyben

Posted
Posted

I've just spent the last hour reading this whole thread and I'm shocked that it's dragged on for so long.

Well at least it's, hopefully, drawing to its rightful conclusion.

 

Good luck DM, not that you really need it ;)

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Be VERY careful whose advice you listen too

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debt_mountain

debt_mountain

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Part of the delay was due to my inexperience at the time and foolishly thinking they really would seriously negotiate a settlement, that cased a good 3 month delay while things got back on track.

 

But we are all chipping away and over theenext couple of months there should be some positive progress for us.

 

thanks for the good wishes.

If I have helped click my scales....

 

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Seahorse

Seahorse

Posted
Posted
Information commissioners will do very little other than bump their gums a little and possible chaseup the lesser of you complaint. I don't beleive the Information Commissioners Office understand the complexities and misleading manor of Cabot and friends.

 

Yes, but before I go to court, I need to have shown that I have tried every avenue open to me. Court being the last resort. I don't want the judge to think I've gone straight for the jugular. :)

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elizabeth1

elizabeth1

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Yes, but before I go to court, I need to have shown that I have tried every avenue open to me. Court being the last resort. I don't want the judge to think I've gone straight for the jugular. :)

 

 

I do see exactly where you are coming from with this comment - and you do have every point really. But there comes a point where there is no other way to go and enough is enough - we have to kick their furry little butts then and go court?

 

It seems the only language these Cabot folk understand ?

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debt_mountain

debt_mountain

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I don't want the judge to think I've gone straight for the jugular. :)

In all honesty I think you have given them every opertunity and been very reasonable. when the bank charge stuff was done it was prelim, LBA, court. the ICO were not required before court.

 

It is just stalling the inevitable. Plus the length of time it takes for the court date to come around you will probably have had your "we are subsidised by the aleged creditor so cannot comment" letter back, go for it man, hit them with the big guns.

 

do you think they will got to speak to a mediation service to prevent having to take you to court.................no, I didn't think so.

If I have helped click my scales....

 

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debt_mountain

debt_mountain

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Theres a good chap, you know its the correct thing to do.

 

Wonder if you should raise it in Men Kaynards name specifically? can we not do that as he is a director. does that mean he may turn up for the hearing? that would be good.

 

DM

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djdave

djdave

Posted
Posted

Ooooh I'd love to see Ken in a courtroom. Shame that county courts don't have docks, I'd pay good money to watch that.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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elizabeth1

elizabeth1

Posted
Posted
Theres a good chap, you know its the correct thing to do.

 

Wonder if you should raise it in Men Kaynards name specifically? can we not do that as he is a director. does that mean he may turn up for the hearing? that would be good.

 

DM

 

 

I do often wonder about naming these Directors on these claims and making the take responsibilty for what they are doing. There are laws that do allow it under "Corporate and Social Responsibilty" where we can hold these people accountable for what they are condoning within their companies!!

 

Didn't a Director of a Mortgage Company get fined last week in the news? It is an up and coming area of Law and will become more widely known over next few years - so me thinks some Directors had better start watching their steps!!

 

Nobody is above the Law.

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debt_mountain

debt_mountain

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I got a nice 4 page letter from Mr Morgan, but he seams to be failing to understand my claim and is playing dumb.

 

I have not yet responded to it as he has failed to send me a copy of the revised ammended defence they have allegedly sent to the court.

 

So, I sent him a little reminder.

 

"Good Afternoon Mr Morgan,

Thank you for your letter of 21st Sept 2007.

I did have one of my usual 3 page replies ready for typing but as you seem to have failed to have learnt from the Judge telling you that all communications with the court should also be sent to the other party, as you have made comment to a document that I have failed to receive, I find it inappropriate to reply until such time as you send me a copy of the revised ammended defence.

Please provide this within the next 3 days to save me having to ask the court to provide a copy.

Yours sincerely,

DM"

If I have helped click my scales....

 

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elizabeth1

elizabeth1

Posted
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That's really bad mannered of Mr Morgan isn't it? Seems like he been mixing with a "wrong crowd" and their bad manners rubbing off on him

 

As an acting solicitor he knows to ensure that "all parties" gain copies of any correspondence - it's only polite etiquette to ensure all parties are kept up to date isn't it?

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andrew1

andrew1

Posted
Posted
That's really bad mannered of Mr Morgan isn't it? Seems like he been mixing with a "wrong crowd" and their bad manners rubbing off on him

 

As an acting solicitor he knows to ensure that "all parties" gain copies of any correspondence - it's only polite etiquette to ensure all parties are kept up to date isn't it?

 

"As an acting solicitor"

 

 

well we all know what Actors are like don't we? :D :D

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