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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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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just a quick question. I have seen many posts advising that letters be sent removing this right. I know it doesn't affect court appointed officials, as some might believe( FOTL), but what does it actually mean? I ask because there are many houses where the door of the property opens directly onto the pavement. Does this mean that anybody can knock on the door irrespective of the letter being sent or can you place a notice on the property?:

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Read this long recent thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-%28NOROIRA%29....where-did-these-bizarre-notices-come-from

 

These notices are a waste of time. It might stop double glazing salesman or anyone that does not have a lawful reason to visit, but for anyone else., forget it. People put these up, because they believe bailiffs will not come to their doors. Most bailiffs will ignore these. Bailiffs only have legal right to force entry related to criminal fines and where a judge has specifically sanctioned forced entry. For most bailiff visits this won't apply. It is a visit to see if the debtor wants to make a payment arrangement and they may post a letter through the door. They may levy against property outside of the house where the debtor resides.

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Hi UncleB.

So are you saying that we can't even send a letter to a " Door stop" collection agency? What made me ask was the reported increase of people using these letters to prevent TV licensing collectors from visiting their homes and ,if they do hold any water, how does this apply, specifically, to those properties that open directly onto the pavement? I do understand the situation regarding bailiffs etc, having read many threads concerning them.

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The notices are a waste of time for anyone operating in a legal capacity, such as bailiffs. For doorstep collectors, they do work.

 

For your example, even if the door opens right onto the street, they still have to touch your property to knock.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi UncleB.

So are you saying that we can't even send a letter to a " Door stop" collection agency? What made me ask was the reported increase of people using these letters to prevent TV licensing collectors from visiting their homes and ,if they do hold any water, how does this apply, specifically, to those properties that open directly onto the pavement? I do understand the situation regarding bailiffs etc, having read many threads concerning them.

 

They may work for TV licencing work, as Capita who run it, have never been given any legal rights to visit peoples homes. So if you wrote advising that you do not wish them to visit you, as they have no legal basis for doing so, then they would probably respect that. The DCA doorstep collectors, should also not visit, if told not to do so, as that is within the OFT rules anyway about methods of communication, where you can state no doorstep visits.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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DCA doorstepper threats are usually sent when the addressee has not responded to letters but in the vast majority of cases there is no intention whatever to visit. In that case, how does one arrive at the conclusion that such letters generally "work"?

I would argue that if they elicit any form of response they have succeeded only in one perverse respect, viz. alerting the DCA to the fact that they have finally ruffled the recipient's feathers.

Just my opinion.

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