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By honeybee13 · Posted
Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB -
I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale. -
By honeybee13 · Posted
Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB -
Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's joint or self ? Self Date of issue – 22 May 2024 Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably Did you receive a Default Notice from the original creditor? Again can't remember but probably Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No -
Their FAQs state - Cancellations and modifications If your booking has been cancelled, Booking.com refunds you immediately. The processing time may take 7 to 10 days and depends on your bank. If you have questions, contact your bank directly. I'm a regular Booking.com and AirBnB user. The former have never cancelled. The latter have and my money was refunded immediately (not that that helps you as we're not talking about AirBnB!) Best to check with your bank and see (a) if you did pay in advance and (b) if it has been refunded. Also, have you received a message from Booking.com officially stating the cancellation?
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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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.
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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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