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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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    • 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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Switched Energy Supplier question - spark turned up at my door - should i switch?


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I switched energy supplier, am on pay as you go thing with the key (electricity) and card (gas).

 

Someone at the door persuaded me, all fine, got a cheaper rate. Everyone here is fine with it because it's a cheaper rate.

 

Thing is I just live here, I don't pay any of the energy bills here and I told them this clearly. The previous contract wasn't under my name and am 100% sure a credit rating check would deny any other form of payment method lol.

 

Any pitfalls? This contract is under my name now. In the future if I or anyone else wants to change provider for this house, they can do so right (after the contract runs out)? Any new contract doesn't require me?

 

I can cancel the application at any time according to the email during the initial phase before they send me a new key/card. As I said it's not a big deal because everyone here is fine with it, but would like any input.

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they shouldn't be doing that coldly at your door without invitation

 

 

nahe the company

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lots of horror stories here about them.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=spark+energy+&sa=Search+CAG#gsc.tab=0&gsc.q=spark%20energy&gsc.page=1

 

 

i'm sure they should not be doorstepping either

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think you signed yourself up for a load of trouble. This is a company which seems to attract a lot of bad stories. Also, although you may be paying a higher rate, you weren't responsible if there were any problems/shortfalls et cetera.

 

Now you have made yourself the responsible person for everyone who lives in the house and uses the system.

 

If this is what you wanted – then that's what you've got.

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Also of course there is the factor that as you are not party to the original contract, you have no authority to resile it to transfer to another contract – so technically speaking, the second contract should be invalid – although no doubt Spark Energy won't be particularly bothered about that.

 

There is no doubt in my mind that the new contract was mis-sold to you and also that you made a bad error of judgement getting involved – apart from the fact that you had no right to do it.

 

By the way, if you decide you want to cancel this, then make sure that you do it very clearly in writing and by recorded next day delivery.

 

You can be almost 100% certain that if you try to cancel over the phone, somehow or other the cancellation won't occur.

 

Frankly I think you're going to have some fun (not).

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Sent them an email for now, but they also have an address and telephone number to contact them with.

 

You're in your cooling off period right now, so you can think about things before we order your supply. You can stop the process easily during this time by emailing your name and address to orders@sparkenergy.co.uk.
I'll ring them up if I don't get an email confirmation.
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Have you read our customer services guide? Are you intending to call them without first implementing our advice there?

 

Is there anything that makes you think that a mere telephone call is can have more effect then a written email?

 

If you don't record your call then once again you are taking a huge risk.

 

You need to cover all your bases here and make sure that you have all the evidence that you might need if the cancellation doesn't actually occur.

 

Who is the owner of the existing account? It seems to me that you need to contact them and tell them that you have been tricked into switching suppliers even though you didn't have authority to do so. The owner of the account might be angry about it and you might feel a bit embarrassed – but I think that you need to do it.

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Got an email reply for what it's worth.

 

Thanks for your email.

I have updated your account to show that you have decided to cancel your order.

 

Should you wish in the future to come to Spark, please contact us and we’ll be happy to take your supplies.

 

Have a lovely day.

 

Kind Regards,

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