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By BankFodder · Posted
Please damp eyed for a reply later on. We will draft a letter to the hire purchase company and threatened legal action -
By BankFodder · Posted
Let's try again – when did you first have sight of this policy containing this exclusion? **Enter date here** what is the value of the damage your caravan has sustained **enter figure in pounds sterling here or approximate figure here** -
ive had my report done...... So the summary say's that the car has not been adequately maintained according to manufacturer standards. It has no evidence of a cambelt which he said should be every 60 months. The car is a 2017. It only has 2 recorded services in its life. He said both front shocks are leaking, MOT failure. Rear shock has bump stop perished. The front tyres are worn on the inner edges. He said there is a considerable gearbox oil leak which is noticeable. He has said there is a cylinder 4 misfire which is evident and has resulted in engine management light on. Cannot be road tested due to the way it is running. He said it has been caused by incorrect or lack of proper maintenance. So now what do i do? -
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OK, what has happened is this. As a guestimate we have around 100 cases with this company at this car park ongoing on the forum. All the Caggers have refused to pay and despite threats from MET that they will reroute a drone from Ukraine and make it fall on the Cagger's home, in the end nothing has happened. However, there is an important stage where they send a Letter of Claim which is formal notice of imminent court action. At that point we advise to send MET a snotty letter showing the Cagger would be big trouble in court. At that point MET back off. However, if you don't reply to the Letter of Claim MET assume you have moved and they can win the case by default -. which is why they issue court papers. The court papers are very clear that there is a deadline which you must defend by - or you lose by default. Very, very, very important - what is the date of the court order you have received?
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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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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
used car.mp4
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Pizza delivery insurance
BankFodder posted a topic in Postal and Delivery Services,
Pizza delivery insurance.mp4
Parcel delivery insurance 1.mp4-
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