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      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.

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      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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Allguard power of attorney help needed


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hi all i need some advice for my inlaws on what route to take next. I will post a complaint letter for you to read that we sent to Allguard, its easier to read the letter to know what has gone on and any help or advice anyone can give would be much appreciated

this is the letter we sent

 

Dear Sir / Madam,

 

I amwriting to you concerning our ‘Power of Attorney‘to make a formal complaint.

 

In May 2012 we had a leaflet posted through our doorabout Allguards services and what you provide. On the 25th June 2012we sent a text message to Mr **** asking him to visit our home todiscuss Power of Attorney. After Mr***** processed all the relevant paperwork he came to see us in July2012 to sign the said paperwork, to which we paid him £420. The chequewas then cashed on the 19th July 2012.

 

Onthe 12th September 2012 my husband, myself, my daughter, my son andalso 2 other witness’s signed the relevant paperwork for Power of Attorney infront of Mr ****, to which we paid Mr **** another £534. Thischeque was cashed on the 28th September 2012.

 

Afternot hearing from Mr **** for some time, I proceeded to call him inOctober to bring to his attention we had not received any of the paperwork towhich we were told he would ‘chase it up’.

 

After waiting another few weeks we still hadn’treceived any paperwork or any contact from Mr ****, so I proceeded tocall him on the 26th November 2012 to which there was no reply. On the 30thNovember 2012 I sent Mr **** a text (SMS) message, on the 1stDecember 2012 Mr***** telephoned to say he would come to our home tosee us on the 3rd December 2012 but after having this telephoneconversation he decided he would not need to come in person.

 

Onthe 14th December 2012 I sent Mr **** a text (sms) messageto inform him we still hadn’t received any paperwork, to which he called viatelephone to say the paperwork would be with us by the end of the week. On the20th December 2012 I sent yet another text (sms) message to informhim again that we hadn’t received any paperwork.

 

Onthe 7th January 2013 I sent another text message to Mr ****as whenever I attempt to call him via telephone or text I never received anyreply. On the 21st January, 30th January, 6thFebruary, 14th February 2013 Icalled the 24hr number 08450 523 627 and spoke to someone in the officeregarding to matter to which they told me Mr ***** would contact me back to which he never did.

 

Onthe 21st February 2013 I called the office again to which I did geta phone call back from a lady in the office who informed me that Mr ***** would need to come out to visit us in person as we had to signpaperwork again. I proceeded to inform the lady that we had already signed allthe paperwork to which she replied that the wording was wrong on the originalpapers that we signed and have had to be redone, needlessly to say Mr ****did not contact us.

 

Onthe 25th February I called the ‘Office of the Public Guardian’ tosee if our Power of Attorney had been registered with them, to which it hadn’tI then proceeded to call the head office at East Grinstead to make a formalcomplaint and was told that I needed to put it in writing (please accept thisletter as my formal complaint).

 

MyHusband and I feel this is gross negligence on Allguards part regarding thetreatment and service we have received, so we have now decided that we wouldlike a full reimbursement from Allguard for £954 which is the total amounts ofwhich we have paid Mr ******via two cheques.

 

Iexpect to receive a reply from yourselves (Allguard) within 28 days, if after28 day period I still have not had a reply I will then take my complaint to the‘LegalOmbudsman and the Office for Legal Complaints’.

 

Please find all my contact details at the top of this letter.'

 

 

After sending this letter she has since had a letter from them saying all paper needs to be redone as it the first lot were not done correctly and my in laws need to pay over another £200.

they have contacted a solicitor who sent another letter to Allguard on behalf of the inlaws, but not she is advising them to cut there losses and continue with allguard and pay the next sum or theyll loose there money altogether. Surely this is absurd advice as this Allguard company has messed them around for months on end, and to which they have not replied to any letters.

please if you have any advice or know what we should do next and who to approach it is greatly appreciated

many thanks :-):-):-):-):-):-):-):-):-):-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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