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Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter. There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb. I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible. It'd be a good idea to phone the court on the 18th to see if they have paid. -
OK thank you very much. I will prepare my WS as you advise. I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you. -
Theres speculation on whether the magazine was Womens Weekly or Boys own 😀 ... probably a classic first edition of boys own - based on it costing $130k :lol -
You have five days yet to respect the WS deadline which is next Wednesday. As others have said, you can e-mail the court their copy. That gives you the whole weekend to get the WS prepared. Personally I'd post UKPC's theirs by 2nd class post (all they are worth) on Wednesday too, the court won't look badly on a short delay from a Litigant-in-Person. Another point. In your WS you say their signs are rubbish. That's a great point if their signs really are rubbish. It's a dreadful point if their signs are fine. So have you got photos of their signs?
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Simon Clarke tells inquiry when he realised expert knew of IT bugs and how he helped halt Horizon prosecutions.View the full article
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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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.
Please can you advise what I need to do today to get this done.
Many thanks-
- 81 replies
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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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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