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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.  

      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.

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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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      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 be taken to a small claims court if I live in Spain?


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I am a freelance web designer and unfortunately have run into a problem with a client.

 

They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600).

 

With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms.

 

They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court.

 

I am a sole trader and as of the 1st of October I will be moving to Spain. I do not own a property in the UK either as currently I live at my mums. So what would the procedure be?

 

On a side note, their previous web designer had to take them to court for non payment.

 

Please find below some relevant T+C's which I believe will protect me:

 

2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed.

 

5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly.

 

5. F) Only when final payment has been made do you fully own the website.

 

5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service.

 

All your help and advice would be greatly appreciated!!!

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Yes, since you are a business and the other side is a consumer the English courts will automatically have jurisdiction over the case.

 

Enforcing that judgment is another matter. I can't imagine it would be remotely worth it for them to pursue you in Spain over a 1.6k debt, though I guess an unpaid CCJ would ruin your UK credit record for 6 years or so.

 

Personally I would be surprised if they pay you. It might need to be you taking them to small claims not the other way around.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for your response.

 

I have reduced my invoice from £1600.00 to £1400.00 due to the missing feature. I am not concerned if they do not pay me as I would swiftly take my website back as it is unpaid for. Their argument is i am holding the website hostage unless they pay. But it is clear in my terms and conditions they do not own the website until the third and final installment is made.

 

I really did not want to go this route but I am aware that they need the website for next week and after next week they no longer need it for another year so they won't care if I take it down. It is the only way to go to ensure I am paid.

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Yes, it seems reasonable to take down the website if you haven't been paid and there is provision for that in the T&Cs.

 

There is always the risk that they will issue small claims proceedings. As you are moving to Spain, unless you contest the proceedings and attend court there is a risk this could result in a default judgment against you. It is unlikely they would enforce the judgment, but it would damage your UK credit rating for a few years.

 

Not sure who would pay 1.4k for a website which they only need for one week. My best guess is that they simply won't pay you, but I don't really know the details.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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In reality they do not need it for one week, however the competition will be streamed live over my website. If I take it down after the competition they can easily upload their old website and get someone else in to build them a new website for the event next year.

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