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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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3 uk offer of contract then changed their mind!


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im looking for some feedback and for someone to tell me if i have a case here or not.

 

i am a 3 uk monthly sim only customer. I spoke to 3 yesterday asking if i could upgrade my contract to a handset deal, the operator reccommended a phone for me and we went through the credit check and all was ok. Imediately after the call i realised i had chosen the wrong handset for my needs so immediately called them back and asked them if i could change my decision.

 

The operator put me on hold and after a while he came back and said yes that it wasnt a problem and he could cancel the offer that was made earlier and put it through on the new handset i had chosen. He explained to me the new pricings, how much i would be charged and told me that my handset would be delivered on friday, he also offered to text me the terms and conditions for the new contract. I said no and accepted the contract offer from him

 

today i recieved a call from 3 saying that as i had changed handset i would have to go through another credit check. we went through the credit check and it came back saying that i would have to pay £150 deposit for the handset. I declined to pay this, because as far as im concerned i had already been offered a new contract verbally over the phone and there had been no mention of a credit check having to be performed. The operator told me that it didnt matter as the credit check had to be done.

 

I asked for this to be escalated as i was not happy with the resolution and i called them back this evening to see how my complaint was progressing. I spoke to a complaints manager who said he understood my predicament but the person i spoke to yesterday had made a mistake and that i would have to pay £150 or not have the upgrade.

 

At this point i asked what the escalations procedure was and i was told there was no more escalation as he was the complaints manager so i asked for a letter of deadlock as i would be putting this forward to the relevant ombudsman. He then put me on hold and told me that his manager(who didnt exist 5 minutes ago!) would call me on sunday.

 

now, my question is can i hope to get anything out of this? i booked a day off work for tomorrow as i was told that my handset would be delivered and someone would need to be home. He offered to change my handset and said it would not be an issue, at no point did they mention a new credit check.

 

am i right in thinking that being told my handset would be delivered on friday, being told my new pricings, being told the terms could be emailed to me for reading and being told the start date of my new price plan constitute an offer of contract and myself accepting them is agreeing to this contract?

 

a mobile contract is not governed by the CCA so they do not have to send you letter of contract so as it currently stands they are trying to renege on a verbal contract after the acceptance of it.

 

I have already lost out on a days wages by booking the day off

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original offer lapses by the changing of the type of phone and requirment of the additional checks by company. Put bluntly, they made you an offer and you made a counteroffer which they did not accept on the same terms. Not much you can do about it as undoubtedly the person you spoke to didnt have the authority to act as they did. You can complain but without a recording of the call you wont get far.

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