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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

ZENTRIX9

By ZENTRIX9
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citizenB

citizenB

Posted
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If this is a small claim then it will likely be a General Judge. Although having said that, you might find that a lot more Judges are clued up on the act now.

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citizenB

citizenB

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Then I would think you would likely have a Judge who has some experience.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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IdaInFife

IdaInFife

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This is what Andyorch has advised:

 

 

This covers the bundles CitizenB :- http://www.guildhallchambers.co.uk/uploads/docs/section2/HOWTOPREPARECOURTBUNDLES.pdf

 

With regards to what to say...be polite present his case clearly...refer to the DJ as Sir/Madam ...and prepare his notes on which his CC relies on.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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ZENTRIX9

ZENTRIX9

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Thanks, I have to get the bundles to court and Optima by Monday. I will deliver to court on Sunday and Optima I will email them and then deliver them on Monday. Monday is 7 days before trial. I have not yet recieved the bundle from Optima yet. if thet dont meet the deadline with their court bundle what will be the effect on the case?

 

They have also net replied to two emails that I sent them a couple of weeks ago, which is a little unusual as they normally reply.

Edited by ZENTRIX9
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ZENTRIX9

ZENTRIX9

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I will be including witness statements in my court bundles and 95% of paperwork I will be relying on is included so do I just refer to the witness statements in court to cut down on paperwork?

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citizenB

citizenB

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If I understand you correctly..

 

You have referenced all your documents in your Witness statement and included those documents in your bundle, yes ? The WS is an easy reference, but the documents need to be available should the court wish to see them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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caro

caro

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I agree with citizenb. It's important not to leave ANY documents out.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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ZENTRIX9

ZENTRIX9

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Ok, so do you mean that I need extra copies at hand to give to the judge if needed? I will be delivering the bundle to the court tomorrow which will include everything that I will have in my bundle. The bundles include 3 or 4 different statements from both D & C and most of the paperwork I will rely on is there 3 or 4 times already. I still need extra copies? Do the extra copies need to go in the courts bundle or just for me to hand out if needed.

As yet I have not recieved a bundle from the Claimant and hoping that I wont, would this give me grounds to have the case struck out? or if not what options would I have as it doesnt give me 7 days to review their paperwork and prepare for court

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ZENTRIX9

ZENTRIX9

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Will I need to include the Claimants witness statements or can I just refer to them with copies of the parts I need to refer to and give them out in court? The Claimant should include them in their bundle?

Edited by ZENTRIX9
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AndyOrch

AndyOrch

Posted
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Your costs should be served on the Claimant pre hearing ZEN...prepare a rough bill of costs and have this handy for trial.

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 OTHER

 

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batty69

batty69

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OK just got back from Coventry county court after taking my court bundle. Had to leave it with the security guard because they had all gone home? 3.05pm? He wouldn't give me a receipt either but said he would take it up and make sure the right people got it.

 

Yeah they fvck off home at 2pm now, I got caught out with this once. They hide it in the small print on the bottom of your court orders.

 

Wish I could work 4 hours day, and they moan about pay freezes, bloody cheek.

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ZENTRIX9

ZENTRIX9

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2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

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batty69

batty69

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Posted
2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

 

Yes all court orders/directions state 4pm and that is true if you use the post box outside, but if you check the small print on your orders/directions it will state office hours are 10 am-2pm

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batty69

batty69

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Posted
2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?

 

in terms of making it count, do e-filing as a backup

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ZENTRIX9

ZENTRIX9

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Heres an update.

I took my court bundle to court on Monday afternoon, I also sent Optima a copy by email and got an away message so then sent it to the person named on the away email.

Yesterday (Wednesday)letter Dated Monday, pouch says 24 so would have been posted out on Tuesday. I sent a hard copy out today to Optima by courier so they will get it tomorrow. Optima have always accepted all the info previously by email so if they say they havent had it or complain it was sent by email I will bring this to the courts attention.

The way I see it is that Optima have not sent me the court bundle within 7 days of the trial date. Do I tell the judge? and will this help my case.

 

Also I came back from work today and had a message on the phone from the court asking me to ring them to discuss the case? any ideas what this could be about? do they ever rule after reading the bundles if they think its an open and shut case?

 

Do you want me to post the summary from Optima so you can read it and advise?

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AndyOrch

AndyOrch

Posted
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Do you want me to post the summary from Optima so you can read it and advise?

 

Please do Zen.

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 OTHER

 

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ZENTRIX9

ZENTRIX9

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Ok called the court and it was just that we may have to change courts but its been sorted now. I am in court on Monday and I just had confirmed that the court and myself recieved the court bundle 2 days short of the 7 days required.

The Credit Card Agreement that I have been sent looks like a microfishe or a photocopy of the original, the agreement is dated 25/07/05, does that mean I can put them to strict proof and make them produce the original in court and a copy or reconstituted agreement wont be accepted?

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