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Thank you BankFodder. I will do as you suggest to get everything in writing first and will construct the letter of claim over the weekend. Is it best to use the format for the letter of claim as the one on this website? Lastly, did I read the judgement correctly for the Farooq judgement as its not quite clear to me which act I am covered best by? -
A letter of claim can't be served by email as per CPR 6.3 unless you've specifically told them. Also can't give you 7 days to pay, they've got to give at least 14 days. They know this, they're just hoping you wet yourself and cough up. This won't be going anywhere. IGNORE. -
Good Morning, I received a speeding ticket last December, I had requested further information from the ticket office which they provided, I also sent back the form confirming i was the diver at the time, however, i had overlooked the signature at the bottom of the page, nobody from the ticket office got back in touch to mention this and i was trying to book a course with no luck, I got in touch with them and sent them a screenshot showing them I was unable to book the course, they came came back to me and said we have no documents to say you were the driver (they did they just failed to mention I never signed it) they re sent the form and it was over the 120 days, i had mentioned to them previously that the timeframe was coming up and they would need to extend this. They are now saying they have complied legally and i need to accept the 3 points, I am trying to plead my case and I am tempted to let this go to court and provide the evidence of my constant communication on the matter. has anyone got any experience with this? TIA. -
Thank you. I'm looking into it at the moment. Straight away it says last sold in 2007. Thank you every one for all your help. It's much appreciated. -
Just on bankfodder's final point above. The Title Register you get online for £3 can't legally be used as proof of ownership for the property. Right now they'll suffice to see if there's an asset there. Should you need to use it in court to say he's trading at that address, you'll need to fill out an OC1 form with HM Land Registry to get an official copy in the post, which costs £7.00. Make sure that you get the Title Register, not the Title Plan! Title Register will tell you who owns the property etc while the Title Plan will tell you the property boundaries etc which isn't relevant in this case.
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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-
- 81 replies
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
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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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