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    • Hi If you have went via a Mutual Exchange and this is to do with Social Housing/Housing Association then both parties need to firstly be approved by each parties Housing Association and accepted by them. Once this is done the relevant Housing Association for each will then get each party to sign a New Tenancy Agreement with the relevant Housing Association. So what we really need to know is: Does the other party to this Mutual Exchange know you have changed your mind on exchanging properties? Have they just signed an Agreement in principle to exchange properties? or Have they actually signed a New Tenancy Agreement for that Property? If they have signed a New Tenancy Agreement then this will make not now wanting to continue the mutual exchange difficult due to the New Tenancy Agreement being Signed. We really need to know what stage this is at to give correct advice
    • From unhackable communication networks to powerful computers, quantum technology promises huge advances.View the full article
    • going nowhere then. well if you've not been simply doing it to look the big cheese to your mates, you need to address why you are doing it. if its to impress your mates then simply stop being an idiot eh? , learn from it and go live your life . dx
    • Yes only with dwf. The first letter I received was explaining that I have not responded to the first letter they sent which I did not receive at all  then the second letter came, they said again saying we have not heard from you we are extending this another 14 days but at that point a couple of days before I called them on the phone saying I have received this and supposedly i owe money for stolen goods and that I need to see the breakdown which they then emailed to me dwf said this was what we were trying to send to you at first and I told them we have not received your first letter only one asking for demand of payment. On my second call to them I asked can you list the things that I have supposedly stole to which they replied “we normally have this on file but I can’t seem to find this on your file”   
    • oh well, at least your eign of terror is over now. so no contact directly since from/to sainsbury's. everything since has only been with DWF?
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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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    • 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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Open County Court.

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Would I weaken my case in any way by sending a letter to the defendant even at this stage giving him a final opportunity to settle before the court date or would it be just seen as making a last attempt to save every bodies time, including the courts. Any opinion is welcome..

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I personally wouldn't bother(hes had 17 pages of your thread to pay) ....if you have a strong claim then you will be in and out in 15 mins.

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  • 3 weeks later...

I need some help on the following. In the following directions which states that all copies of all documents on which that party intends to rely on need to be sent to the other party and the court before the hearing.

 

In the issue of bank transactions, how would one do this without showing other transactions on statement pages that have no relevance to the case..

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unless they are damming I would just highlight the relevent transactions. Noone is going to be interested in the adult toys or movies you purchased :p

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes and submit a witness statement if the directions requested both parties to prepare one.

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  • 2 weeks later...
If it was notarized or witnessed. There may be some legality if you and he both signed it, but im not too clued up in that regard. Thats why it is always a good idea to get independent witnesses to sign and view it if its a large amount of money, or get a solicitor to agree it.

 

Is this a public notary who does the notarising and if so how much does it cost?

 

Thanks

 

BB

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  • 3 weeks later...

Excellent.. are you going to tell us a bit more ?

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The defendant didnt turn up, I had all the evidence which i had presented in advance, i was in and out in a very short space of time. I took nothing for granted though. Just waiting for the paper work that confirms the court order. Such a relief..

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Thats the easy part now you have to get payment.

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We could do with some help from you.

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If you already have judgment then you dont need to request it....what do you wish to do now ? execute it?

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You can only enforce it after the period allowed for them to pay it...what date did you get judgment ? and was it forthwith ? normally the defendant has 28 days to pay.

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You can only enforce it after the period allowed for them to pay it...what date did you get judgment ? and was it forthwith ? normally the defendant has 28 days to pay.

 

The order stated that the amount was due, no mention was made of when I could enforce it..

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