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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.  

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      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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      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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Recived a counterclaim


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Hi,

 

I'll try and keep this short and hope someone can offer advise.

 

My son was a sub-contractor (plumber) on a large block of flats, the main contractor decided to remove all plumbers and appoint one company rather than several subbies.

 

My son submitted his last invoice and should have been paid after 14 days, when he wasn't paid he tried phoning, then emailing and then texting the main contractor, all these were ignored, so eventually started a small claims against them for £1289. (he followed the correct process in issues letters, etc)

 

The contractor has now submitted a counter claim for £2650, stating that the work was substandard and they would be seeking the cover the money.

 

I phoned their head office (my son at this point was out the country and asked me to deal with it) I spoke to there commercial manger, who had signed the counter claim.

 

Now my point is that the main contractors PM on site, had dismissed all plumbers but had asked my son to stay on because he knew his work was of a high standard, (all work was QA by the site PM) and also asked my son to look after the site apprentice, but 2 weeks later when the new plumbing subcontractors arrived the main office overruled the site PM and my son had to leave site. So I argued that the site PM, who was in the best position to know who was working to what standard clearly didn't feel that my son's work was substandard and if he did why ask him to look after the apprentice?

 

I was also concerned that the counterclaim was the first he had heard that his work was substandard, and he had made numerous attempts to contact them but they had not taken any of these opportunities to reply and inform him of the issues. Its standard practise to get trades to return and do snagging

 

I also asked if the were looking to recover money from all the plumbers, which he said they were, so I said ok, which ones, because me son is in contract with all of them....he then said well they will but haven't yet, he then offered to drop the counterclaim if my son dropped his claim.

 

So it's clear that the counterclaim is only being used to bully my son into dropping his claim.

 

The commercial manager was not aware my son had remained on site and been asked to look after the apprentice, so asked if he could check and then phone me back.

 

When he phoned back he said the site PM denied that what I had said was true, so I offered to give him the apprentices number and he could phone and ask himself who he worked under, as I knew it was my son at the direction of the site PM, he refused to take the number but said he would offer to drop the counterclaim and give my son £289 to drop his claim.

 

I wanted the offer in an email which he did, after I emailed back to turn down the offer he increased it to £500.....is this now an admission of guilt? I haven't put the defence in for the counterclaim yet and I'm tempted to point out that it seems its an abuse of the system and being used to bully my son...but not sure if this would be wise.

 

I've also asked for the report that detailed the work was substandard or failing that a breakdown of how they arrived at the £2650, but they are unwilling or unable to provide this.

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Any counter claim would have to be substantiated and quantified...hold your nerve.

 

Andy

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Thanks, I did think that they are going to have to prove that the work was substandard and whilst I know I'm biased I have questioned my son and he is adamant that, bar a small bit of snagging the work was of a high standard.

 

Just not sure how I reply to the counterclaim, its clearly just be put in to get my son to drop his and its difficult to know what to write on the form

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Have they submitted a defence and counterclaim?

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The claimant is ordinarily not required to file a reply to defence, and the claimant is not taken to have admitted the case of the defendant by not filing a reply, or not dealing with an particular allegation made in the reply. A reply will be required where it wishes to raise any particular matter which must be pleaded, such as misrepresentation, fraud or illegality.

 

In all but the every simplest cases, it is beneficial for both of the parties that the claimant does so however, as the reply serves to (1) narrow the issues in dispute between the parties, and (2) bring to bear the issues which must be dealt with at the trial.

 

If the claimant wishes to file a reply, it must do so when it files its directions questionnaire, and serve it simultaneously.

 

You have 14 days to reply to the Part 20 counter claim...you can also include this with your DQ.

 

In form the court you wish to proceed...

We could do with some help from you.

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thought I'd post a quick update.

 

Phoned the company owing the money, and cut a long story short it was basically we have a report detailing the substandard work along with photos, I did raise a few issues he wasn't aware of and asked if he could phone me back.

 

On phoning back, he says that nothing has changed but in order to reach a settlement he was prepared to drop the counterclaim and pay £289 (£1,000 less then was owed). I asked for the offer in an email, which he then sent.

 

I made a counter offer, but only if he forwarded on a copy of the report and the photos, so my son could see the substandard he was being accused of.

 

They then increased the offer to £500, which I accepted providing they supplied the report they claimed to have and claimed they had used to calculated the counterclaim amount. He has simply said the offer is without condition, take it or leave it.

 

Is the above an admission of guilt? it seems strange to claim someone owes you £2650, but your then prepared to pay them £500 to go away!!

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OK, just looking through the emails and the offer to drop counter claim and pay £289 and the 2nd email to raise offer to £500, did not contain the wording "without prejudice" however after accepting the offer subject to the report they claim to have, the 3rd email stated "as per our without prejudice offer in our last email we will not accept any condiditons".

 

The first two emails defiantly do not contain the "without prejudice" wording, can this be applied retrospectively?

 

Doing a bit of research, it seems that the offers wont necessarily be taken as an admission of guilt, but it does make it hard for them to continue their counterclaim for £2650 since they have already admitted they would be prepared to drop it and pay £500 and it would be hard to justify now wanting more.

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I personally would ignore it and proceed...he owes £1289....plus interest...not £500...forget the counter claim...its immaterial and fantasy...concentrate on your claim.

 

Andy

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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