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By BankFodder · Posted
I thought you said that the work had been carried out? Now I look at the letter which apparently has been sent by your partner which suggests that the work has still yet to be done. Please clarify -
By BankFodder · Posted
Please note also that Cagger @occysrazor has helped us to apply for the transcript of the judgement which will be available to everybody and will be available to you free of charge if you go to trial. I hope that if you go to trial and you also succeed – as you surely will – that you will help us get the transcript of the judgement in your case. -
Lolerz is spot on. The limitation period is six months for prosecution in the Magistrates' Court. Six years for bringing a civil claim. I know you'll be thinking "it can't be both" but never underestimate the PPCs' contempt for the law and their utter greed. In this case there is no supermarket chain, etc., so just ignore. -
By BankFodder · Posted
So let's see your draft. In terms of what you have to do now, you will be required to mitigate your loss and this means that you should pay the bill and reclaim it. If you start haggling over the bill which eventually may mean that you could incur further costs. For instance, if the courtesy car facility is withdrawn from you then you will be left either without vehicle all you will have to you rent or own. I can even imagine that Mercedes might come back to you and say that if you don't settle the bill they will start levying a storage charge – and you would be unlikely to be able to recover that as well. So I think that you should pay the bill, get your car. Make sure that it is perfectly all right. Has it been given a full check over for any other possible faults? You may as well get the whole thing diagnosed including an MOT to see exactly where you stand. Prepare the draft letter informing them that the work is being carried out – that you had no choice as you were obliged to mitigate your losses – and you want them to settle it. -
Congratulations. I have a very similar case open against EVRi whereby I sold a watch on eBay and it never arrived. They are claiming that my contract is with Packlink, much as they did in your case. I have read this entire thread and while the legal language and specifics are a little daunting in all honesty, It's very pleasing to see that you were successful with your claim. Thank you also for posting your WS and bundle which, if my mediation is unsuccessful, will become very useful for me.
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Our picks
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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-
- 161 replies
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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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