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    • I am getting conflicting advice from friends about this issue. I am hoping somebody can end my confusion. A couple of weeks ago I took my Mum out for her birthday. Another driver scratched the front passenger side near the bumper of my car as it was parked up. There are no dents just quite severe paint work damage. He scraped his car against mine. The other driver drove off. Luckily there was 2 witnesses who got the other drivers reg number. Cut a log story short the other driver said he didn’t realise he damaged the paintwork on my car. He has however admitted liability. His insurance is paying out. Last Thursday my car was taken away to have the paintwork done. Today I been told my car has been put down as a total loss (not a write off).  As it is only paintwork damage and not body work or mechanical damage, I don't understand why it has been put down as a total loss. I have been told by the insurers I can either write the car off and receive payment to the value of the car or I can take a lower payment and get the car repaired myself.   I am getting conflicting advice from friends. Some are saying if I keep my car and get the repairs done myself the car will then be classed as a category S or category M and I will no longer be able get insurance on the car as it will be classed as written off. As it is only paintwork damage and not body work or mechanical damage, I don't understand that. My questions are  If I take the payment to get the paintwork repair done myself will I still be able to insure my car when the insurance is up for renewal? If I take the payment to get the paintwork repair done myself will my current insurance policy be voided? If my car does get classed as category M or S will the stop me from selling it on the future? Thanks
    • Yes, it is just for Tesco. But as that manager explained, those two spaces on that ground are now rented by the electric company. "What appeal?  Private parking companies never, ever, ever accept appeals - ever." What is my next move then, please? Just wait for them to issue me with whatever it is they issue, and then what? 
    • so how are you doing OP?  Letter of claim ready?
    • @fusionrox please create your own thread by clicking the button at the top of the website
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
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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.

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      Many thanks 
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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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Can I go to the small claims court to get my money back?


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Hi, I am a member of the management board of a small non profit community group. I paid £2k to a company who make a piece of equipment the group needed. We were told the company who make the equipment would help us to raise the money needed to complete the purchase. Two years later and with no help forthcoming I wrote and said we'd like the money back as the financial climate was not going to yeild the funding and they had made no attempt to help us. There was no paperwork as such, just emails specifying we'd pay the money over and they'd help us do this. It was not deemed as a deposit non refundable or otherwise and we didnt get the kit. I have emailed about twenty times now and had nothing back so can I go to the small claims court - breach of contract maybe? All help gratefully received. Best, Mark.

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Hello there,

 

The short answer is yes, you could use the small claims system. Any information about the intention of the parties involved would be really useful as you will need to demonstrate the money you paid was to be returned to you. The useful thing for business relationships is that the intention for such a contract to be legally binding is normally presumed - so although there wasn't a formal contract per se it wouldn't prohibit you from having a potential claim.

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It shouldn't be too difficult to prove the existence of a contract based on emails and the payment of money. It doesn't sound like it would be too difficult to show breach of contract either. I would send a letter before action, following the guidelines set out in Annex A to the pre-action protocol of the Civil Procedure Rules (you can find by the rules by googling and there are plenty of examples floating around).

 

What was the 2k for if it wasn't enough money to complete the purchase?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Just to give you a slightly different angle - I think that it will be for the other side to prove that the money was intended as a gift.

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