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I think his point is renewing his season ticket shows it wont happen again. using contactles doesnt. -
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Thanks dx for your guide. Yes, I will use their services, but not often. I usually spend around 80 per month, but the season ticket price is 160. I plan to renew it as long it could help me to show that I will not do it again. -
if you are going to be using its services yes if not no. STOP PANICKING........ yours is not the next move. dx
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By lookinforinfo · Posted
You could try this and include a copy to the SRA who are being particularly tolerant to this bunch of jackapes. This also shows that you are not to be messed with and are capable of stirring up trouble for them when they step out of line. Dear DCBL, I am in receipt of your letter of 18th April 2024 regarding CPR1.1 After studying the whole section I cannot see anywhere that I am required to furnish you with my mail address or my phone number. Perhaps you would be kind enough to provide me with a reference to it. I suspect that your subterfuge is designed to allow you to bombard uninformed litigants with last minute information on the day of their Court case which appears to occur at times with your company. I notice that you are asking for proportionality at the same time as you are demanding an unlawful £160 when you are aware that under PoFA the maximum that can be demanded is only £100. You will note that I have included the Solicitor's Regulation Authority into our conversation in order to ensure your reply. And your old excuse of "admin. error" is surely wearing a bit thin even with the SRA. so I look forward to an apology for your error and a declaration that you will desist from trying to hoodwink other motorists in future.
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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.
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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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