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    • The car makers used parts made by a supplier banned over alleged links to Chinese forced labour.View the full article
    • I need to get a hamster. lol
    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
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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.

      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.

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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.

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      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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chris, can you edit an remove the poc - admin ask we not post them in the forum, as it means peeps can get them without being registered members -

thanks.

 

here's a couple of links which may help you understand what's happening:

New---after 28 Days - Maybe No Aq!!!!!!!

 

so, now the local judge will either order an aq or just possibly set a court date. regardless - the main objective is to get dg to make an offer - and to that end - my advice is a nudge letter every 10 days until they do.

 

 

also, their defence is standard, in fact, in you look closely, you'll see it is the same old cut and paste (? for ') job they have been using for months and months - very shabby job - for professionals, they should be ashamed.

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1. just send it recorded delivery to dg

2. i'd just put the total - then on your breakdown do the sums

3. wait until they offer - then ask for a cheque

4. in theory, the courts will contact you with any details - think i'd ring them about once a fortnight - just to keep in touch and see if anything is required if you haven't heard from them.

 

thanks for the edit.

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  • 2 weeks later...

yes, here is what you need for the court:

 

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

a couple of further thoughts here - dg doesn't want and will not give their stuff to the court for 21 may - so that bit about leaving it - still applies in this situation -

you need to fire off a letter to dg immediately - saying basically - look, i'm going to be sending in all my paperwork to reach the court by 21 may - and if you aren't going to do the same - you'd better get in touch with me very quickly - i will settle this claim for xxxx.xx (the full amount plus and court fees you've paid). look at the nudge letters in posts 1 of both my aq threads in my signature - take your cue from them - you are just giving them a great big nudge that your info will be arriving at the court before 21 may and if they aren't going to do the same - they'd better make an offer quickly (not quite those words but that's the idea ) i personally think you will be hearing from them very soon - but remind them of the dates and do it tonight - get it posted so they bump you up to the top of someone's pile.

should you not hear back from them by, say thursday next week, you'll be forced to do all that copying (but at least now there is a new trend to ask for costs back after you get your money so i'd claim for half the new forest which it will take to do it all in triplicate).

ok, make sense????

great big nudge to dg as soon as possible (maybe even fax it tonight or tomorrow and hard copy follow by registered post), leave the copying until the last minute - but it's a lot - get it in on time.

ok?

 

 

 

don't get too excited in case this doesn't work - but this is a very good development - it's a clued up judge asking for the paperwork - knowing dg won't come through with it - so, in theory, you should have your offer before the paperwork is due - but you nudge them (kick up the butt actually better wording) and fingers crossed you'll have your offer before you have to start copying.

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and in the spirit of eternal hope finish it with ..............

 

I look forward to hearing from you very soon.

 

 

it's a lovely letter - couldn't have done better myself!!!!!

very good - go for it and as i said before i'd fax it if you can to save one day and follow with a hard copy.

possibly one further sentence like:

As this letter is time sensitive I am faxing you an advance copy of this letter.

 

yes? no? up to you - it's very good as is - just trying to lay on a little more pressure.

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nets, i just referred someone to battersea cassie's thread for info on writing letters and getting a refund before filing a claim which was her trick - but what a hoot - going back and reading an old thread -

those were the days..............

 

still can't remember though who had a b & b in blackpool.........

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that's a good question, chris - see if bf has the answer here:NEW TEMPLATE -- Wasted costs orders..

ok, it's def. there - see this:Wasted Costs order(

 

 

I'm really very,very pleased for you, chris. that's your pay for last weekend!!!!!

that's made my day (and yours too, i'm sure!)

 

 

you need an acceptance letter or are you ok. I'd just put it in big block letters - by cheque only - and initial it there. or do a letter. whatever, too happy for you to worry a bout that.

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PLEASE READ THIS:

TO ANYONE LOOKING AT DOING A COURT BUNDLE FOR THE COURT..........

CHRIS SPENT ALL LAST WEEKEND GETTING IT READY - AND GUESS WHAT.................

///////////////////////////////

%%%%%%%%%%

******************

%%%%%%%%%%%%%

GUESSED IT YET????????????????????

HE GOT HIS OFFER TODAY

THIS IS WHAT WE HAVE BEEN SAYING ALL ALONG -

DG WON'T SUPPLY THAT INFO - SO IF YOU HAVE TO DO IT - DO IT - AND WATCH FOR THE OFFER.

THEY TOOK IT ALL THE WAY TO THE LINE. THEN THEY OFFERED.

PLEASE DON'T BE AFRAID OF THE COURT BUNDLE - IT'S A LOT OF WORK - BUT HERE'S THE REWARD.

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I'd put in for a couple of new ink cartridges and a few dozen reams of paper as well as the postage and the all important time element - have a look around - i think you can charge at £9.50/hour. All that would have been avoided had they the decency to offer before the court bundle was due.

I was helping out on a thread last night - they filed the claim in January and never sent dg anything and had done an aq but not heard anything back - ok, i think they are back on track this morning - writing to dg and all but it does make me wonder how many people don't follow the case through and dg are perfectly happy to let it sit there forever.

 

it was my pleasure, chris - don't go too far will you - i now might refer peeps at that point to you for information, etc. you're the man!!!!

cyber hugs and kisses accepted with pleasure - think g/f's dad owes you big time! have a much more pleasant weekend!

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  • 1 month later...

hey chris - how's it hangin?

i'm sure most of what you need is on this oneWasted Costs order

but then i gave you that before - don't know what else to point to -

do you mean the settled cases? Settled Claims List

lit settled.xls

Litigation Section - View and print out litigation spreadsheets here

 

 

 

makalu - from your mouth to the judge's ears! i'd advise ringing the court tomorrow and ask what's up - they are usually very helpful. - just say what you said above and see what they say.

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ok, ok, just see if someone has it legible somewhere -

i've never tried printing it off - but looks a bit dodgy even without printing.

 

it could be your legacy to the site, chris - make it pretty and on a spreadsheet or whatever you computer people do to things ......

 

just wash your hands.

just wash your hands.

oops - touched the doorknob

just wash your hands.

 

 

spent all your money yet?

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