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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
  • Our picks

    • 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
      • 161 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
        • Like

Able group - terrible, terrible service! Avoid at all costs


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The ABLE GROUP provide property maintenance services, ie glaziers, locksmiths, plumbers, electricians, drainage, gas, heating, pest control, etc.

 

Please note however: If you need any such services, I suggest you look elsewhere. I have had the most horrendous experience with them and I hope my post helps others avoid going through the same horror story.

 

Booked them to clear my house external drains, was quoted £114 to have them 4 drains unblocked.

 

On the 7th of April, their Eng. came out, informed that the drains were now in good working order. My other half took his word for it and why not... They are supposed to be the specialists.

 

After weeks of rain, I took time during last sunny weekend to clear the garden in prep. for the Summer and noticed that two drains had not been touched at all and were still blocked.

 

Called their Customer Service, a few days ago, no reply.

 

Called today and they refuse point blank to rectify the issue unless I pay again £114.00.

 

What an outrage this company is really. I am absolutely furious with this disgusting bunch of dodgy people, taking the mickey.

 

My advice to anyone is very simple: Learn from my experience and definitely engage an alternative company.

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Last November my 98-year-old mother called a plumber to clear a blocked toilet. He came from the Able Group, with a head office located in Leigh-on-Sea, Essex, and the only reason my mother chose them was because they had a big advert in the local trade directory. The blockage wasn't cleared and the plumber charged £123 for the experience. All he did was pour water down the pan and there was no sign of any rods or jetting equipment being used. I have tried complaining but all that has been offered is a measly 10% refund as a gesture of goodwill

 

http://www.theguardian.com/money/2010/feb/13/plumber-cost-toilet-blocked-complaint

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I just emailed them in no uncertain terms:

 

From: xxx

Sent: 12 May 2016 18:27

To: xxx

Subject: FORMAL COMPLAINT - JOB 1851357

 

Hi,

 

Further to my earlier communications over the phone with your company today, additionally to another phone call a few days ago, to which I received no reply, I write to protest about the appalling manner in which I have been treated, which was in breach of my rights under provision of the Consumer Goods & Services Act 1974; and now is in breach of my rights under provision of the CONSUMER RIGHTS ACT 2015.

 

In view of the fact that I contracted your services to come to the property and clear the drains, but your engineer did not clear the drains satisfactorily, leaving TWO of the four drain holes unchecked and untouched [and therefore blocked as they were before], your company is in breach of the said Act, including but not limited to Chapter IV – Section 49.

 

I am therefore writing to demand satisfaction of my Right of Repeat Performance Free of Charge, under provision of the said Act, including but not limited to Chapter IV Section 55 and any other subsequent provisions of the same Act.

 

I should remind you that under The Consumer Rights Act 2015, Chapter 4 – Section 57, your liabilities cannot be excluded or restricted by any terms of your contract for provision of services and therefore my Rights do stand valid!

 

Please note that if satisfaction as demanded herein is not forthcoming within SEVEN DAYS of this email, I will take legal action under provision of the said Act – Chapter 4 in all of its relevant provisions, including but not limited to Sections 54, 55, 56 and 58.

 

Please ring the property to arrange a repeat of the service, to the extent which was required and contracted at the beginning, to clear ALL external drains and ensure rain and drain water flows freely through, WITHIN 7 DAYS OF THE DATE ON THIS EMAIL.

 

Failure to do so will prompt me to take legal action without any further notice.

 

Regards

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I can see that the letter has basically everything that you need in it, but I have to say that is rather long winded and I generally find that this kind of letter it is not very effective because it sounds verbose and companies don't often take this kind of style very seriously.

 

I hope you won't be too offended if I say that it sounds like a rant.

 

Anyway, you sent it and you made your point very clear. Have you informed yourself as to how you begin your legal action in seven days when they don't respond?

 

Also, do you realise that there is a pre-action protocol which in most circumstances requires you give 14 days notice before beginning a legal action?

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I do not need them to quak in their boots. I simply need them to comply with the Law and do the job properly.

 

If they do not contact back and do not arrange to repeat the job, this time properly, I will seek enforcement of the Law through the Courts.

 

It is that simple. Whether they quak in their boots or not, I really do not give a toss about that.

 

Companies in the UK take customers for granted all the time. Enough is enough!

 

Hi,

 

The letter is a bit longer because I wanted to quote the relevant legislation. I hope they realise that they are liable.

 

I thought 7 days was enough... It doesn't matter, by the time the Court paper work goes into processing, it will be more than 14 days.

 

My understanding is that the claim will have to be filed through Small Claims Track, and if the company does not comply with the Specific Performance Order, I would have to return to the Court and enter a request for the Court to enforce the Order.

 

Cheers

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