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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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    • 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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EE Price Rises


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Just heard about this...

 

CAMPAIGNERS have condemned a price rise on mobile phone contracts worth an estimated £52 million from telecommunications giant EE.

 

• EE price rise condemned by consumer campaigners

 

• 3.3 per cent hike criticised as users will potentially see prices go up mid-contract

 

Everything Everywhere announced the 3.3 per cent rise on Orange and T-Mobile contracts to take place on April 10 and May 9 respectively.

 

Consumer watchdog Which? said it was a natural assumption by customers that a “fixed term” contract also meant fixed prices.

 

Which? executive director Richard Lloyd said: “It is outrageous that Everything Everywhere is forcing T-Mobile and Orange customers to collectively pay almost £52 million more per year for mobile phone contracts they thought were fixed.”

 

But EE insisted that contracts subject to the rise for 3G customers was never fixed price. They added that they were now introducing fixed-price contracts.

 

A spokeswoman for Ofcom said: “Ofcom is aware of the pricing changes announced by EE. While current rules allow for contracts to include price increases in certain circumstances, Ofcom is consulting on how to better protect consumers from price rises during fixed contracts.

 

Ofcom is currently running a consultation on mid-contract price rises and expects to reach a decision in June.

 

 

Was wondering how this affects my current 24-month contract (currently 9 months in) and whether or not I can claim breach of contract?

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Unfortunately there's no way to cancel mid-contract just from this. Mobile phone contracts can increase so long as they are up to or under the current RPI, which, wouldn't you know it, is bang on 3.3%.

 

It isn't just EE/T-Mobile/Orange that do this. Every mobile phone network does the exact same thing. None of them are fixed price, all of them have that little get out clause.

When my contract (With T-Mobile/EE) is up at christmas I'm switching to 30-day sim-only I think.

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Is this true if it is a second price rise as I remember not too long back that my contract increased due to the inflation and stayed under the RPI. Surely two increases is breach of contract?

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If this is a second price rise within 12 months then yes it would constitute a breach of contract, but I don't recall when T-Mobile last increased their prices.

Not sure if the fact that they've gone from being T-Mobile to EE might also complicate things.

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