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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
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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
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      • 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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O2 monthly contract


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I have an O2 monthly contract but have recently come out of work and I am struggling with the payments at the minute, I contacted the customer service team around 2 months ago seeking some help with the monthly cost. I never use the 900 minutes a month and don't think I ever will so was looking to see if my price plan could be lowered to a more realistic monthly tariff after speaking with a agent who was very abrupt and un willing to help me I was basically told tough that's what you signed up to. I then received a call from a manager who informed me they could lower the tariff by £2 with will not help me.

 

Can O2 basically over charge me for minutes I never use, plus would it not be good customer service to make sure your customers are are the right tariff that suits the minutes they use on average per month.

 

I really need help with this as it is starting to get me down as I am struggling to find the money each month and in some cases cutting back on food in order to keep up the payments.

 

Any help would be appreciated

 

Thank you all

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Hello there.

 

Once you're half-way through the contract you're able to reduce the tariff by one rung at a time. You can also do this online. You're able to change tariff down once per month.

 

Although you don't use the 900 minutes you would have had a hefty subsidy on the handset by starting off with that tariff, I think I might be on the same one - £45 per month I pay. Well I used to.

 

Hope this helps!

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You're options are.

 

a) struggle to pay the current arrangement

b) see if anyone else wishes to take the phone and contract over

c) allow the account to be disconnected, you would then be charged out of the remainder of the contract but you should be able to negotiate a reasonable arrangement to clear the debt via affordable instalments. It's likely you'll lose your number doing this - unless they are happy to pop it on PAYG or something.

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There is nothing stopping you requesting a PAC and moving your number elsewhere. They must provide this within 48 hours even if you owe them money. If your number is important to you, and you are not able to make payments, before they disconnect you ask for a PAC to port your number.

 

They will then charge you for the entire contract and put a default on your credit file. This is the crux of your decision. If you can live with the default on your credit file for 6 years, then there is no problem. If not you need to keep paying.

 

If you port your number across, you can then expect debt collection agencies phoning pretty constantly.

 

My opinion (and it seems to be the consensus on CAG) is that they really should only be able to charge you for their actual losses if you breach the contract, so there is very little chance of this ending up in court (which is what the debt collectors will try to persuade you) so mobile companies seem to prefer to trash your credit file and send DCA's threatening to call at your house or to take the money directly from your wages (which will not happen)

 

So, if you are prepared to put up with this hassle, Phone o2, request your PAC, move your number to a PAYG sim and put the sim into the handset. o2 rarely lock their contract handsets to their network but it will be worth checking this before proceeding.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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