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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.  

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      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.

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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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Scottish Small claims court limit... Help


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please please read as much as you can on this site it will answer most of your questions. make a post of your own so you dont hijack someone elses and anything you need to ask do it on there. the step by step guide applies to scotland as well as england and things only change when you get to filing at court but you need to use the scottish spread sheets as they are slightly different.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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If I try to claim through a summary cause claim, have you any idea of the timescales as I'm supposed to be emigrating to Australia early new year. Do you know if I could submit the claim and head over to oz leaving someone else to represent me at court if neccessary? If claiming via the summary cause route, is the interest added within the £1500?

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The 8% should be included in the £1500. I'm not sure about the position if you leave the country. There certainly won't be a problem with continuing your claim, but I'm not sure about getting someone who isn't a lawyer to fully represent you. I suggest you call up the court and ask them.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks smoorach and others, I' m looking to claim back around £5K, has anyone used this mutiple claims scenario, it seems a right pain. won't the courts take a dim view as they may think I'm too tight to employ a solicitor and think I'm wasting court time?

 

If I claim in England, can I do it just across the border or will I have to go to London or where the HQ's of the banks are?

 

Ta

 

Cheezah

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timescales for these claims are much quicker in scotland from what i have experienced i have put through two cases now and have received court dates within a week of submitting to court and they are usually around a month from when you submit. in both cases the bank has paid up before i have had to attend at court although the second one did expire due to the bank not submitting a defense. however they then paid before i was due to request a judgement in default.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Hi Smoorach,i also have had 2 sucssesful summery cause claims in Scotland starting from oct 26th until yesterday when i received my second payment.I filed in Dumfries sheriff court and got my court dates there and then which were about 4wks from submitting.

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