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    • Everyone knows the tories were hiding the costs - and even added 4 billion quid to the taxpayers high interest credit card to fund a chunk of the NI tax reduction - prime example - look at how much cost was hidden re the Rwanda dogwhistle -10 Billion quid     and re the handful of rebels on the benefit limit If the disasters (like the Rwanda rubbish) of Tory dogs being wagged by the extremist minority ERG tail doesn't highlight the issues .. Enlighten yourself here .. (fat chance) Sir Keir Starmer is right to show Labour rebels the door WWW.INDEPENDENT.CO.UK Editorial: Suspending seven MPs following their rebellion over the two-child benefit cap is more than a prime minister flexing his political muscle. It is a...  
    • Trump instigated that didnt he @theoldrouge despite losing the election - and Biden mitigated as much as he could within his boundaries?   "President Donald Trump ordered a rapid withdrawal of all U.S. troops from Afghanistan and Somalia in the wake of his 2020 election loss"   “The order was for an immediate withdrawal, and it would have been catastrophic,” said Rep. Adam Kinzinger, R-Ill., one of two Republican members of the special panel. “And yet President Trump signed the order.”   Trump ordered rapid withdrawal from Afghanistan after election loss WWW.MILITARYTIMES.COM The memo was among the latest revelations from the congressional committee investigating the Jan. 6, 2021, attack on the Capitol building.   Although i agree that Biden should have done more to mitigate Trump driven disasters
    • ok your WS is wrong. Paragraph 16 and 17 says  you did not contract with evri but this is not true - see below  Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency post 251 of occy thread - £844 lost    you should also add a paragraph on donough v Stevenson talking about the fact that even without contract there is still duty of care to goods and by failing to deliver this duty has been breached.   Make those changes and post it back up here and I'll check over things again
    • no we cant add the occy thing because leicster are being difficult people so we're just going to go without it for now
    • no you can email it dont worry about that. take out the index of statement of truth, just not needed
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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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Bankruptcy Petition for a breached settlement of a statutory demand.


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I'll try to keep this simple and to the point. A stat demand was served and a hearing set to have the application to set aside heard. I withdrew the application to set aside on the grounds that a settlement was reached.

 

Fast forward and payments on the settlement agreement have stopped on my end as the deliverable from the petitioners can physically be no longer provided. Namely they are no longer authorised to sell stock as specified in the settlement agreement and the forms for transfer have been returned by the company. I don't see in which world it would be just for me to pay for something that I'm not going to receive.

 

They have issued a bankruptcy petition for the breach of the settlement agreement and I have until Tuesday to file a 6.19. Does this form need to be accompanied by a witness statement and hand delivered to the court or can I fax/email?

 

Is the 6.19 even the right thing to do here?

 

Thanks in advance.

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Phone the insolvency service to see if they can advise on the process. Telephone no 0300 678 0015 lines open 8 to 5 mon to fri.

 

Don't know the answer and you may not get a proper response on a Friday afternoon on this site. Particularly ahead of a bank holiday.

We could do with some help from you.

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Thanks unclebulgaria. Do you happen to know how the bank holiday affects the deadline for submitted the 6.19. Does it need to be supplied 5 business days or 7days in advance, there seems to be some conflict in my Google results.

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Thanks unclebulgaria. Do you happen to know how the bank holiday affects the deadline for submitted the 6.19. Does it need to be supplied 5 business days or 7days in advance, there seems to be some conflict in my Google results.

 

Pass. Ask the court or insolvency service.

We could do with some help from you.

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What date was the SD served on you?

 

Bank Holidays have no effect on the court process except for Good Friday and Christmas Day.

 

Regards

 

Andy

We could do with some help from you.

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happysmash, much depends on your backstory I would say. Are there other creditors. Was there a judgment against you. Was the settlement agreement approved by a court.The creditor seems to assume you are liable regardless. Was/is there something in the original contract to that effect.Did you appeal. If not, this might be the time to do it rather than opposing the petition under 6.19. In that event you could ask the court to adjourn hearing of the petition until you have challenged the order on which the petition is based.Also, how much are they claiming off you.I'm wondering if they ought to have started again with a fresh statutory demand.I don't have access to the Insolvency Rules today as only the original version is available online, so I'm really only stabbing in the dark. Procedure is important in your situation. Tomorrow morning I might visit a library where they subscribe to LexisNexis which I believe will have the updated Rules.

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