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    • OH has received another call from Kindertons requesting a signature. He once again requested in writing that he was not liable for any costs as he has been told from the beginning. The woman insisted he would not. He asked her hypothetically what if Kindertons take the other party to court assuming they won't pay the hire charges, who would then be liable for the court fees and hire charges would it be him? The woman who apparently sounded like she was reading from a card replied not him. An email has now been received from Kindertons. I would be grateful for advice on this matter bearing in mind no forms have been signed. Good Morning Please keep this email as confirmation that no costs will be charged to yourself for the cost of the Hire. Whilst you are liable for the hire charges Kindertons indemnifies these losses. The third party insurer will pay the hire charges and if for any reason the charges are not paid Kindertons will not pursue you for payment of these charges. The only exception is if you knowingly and wilfully mislead us or actively fail to cooperate with our attempts to recover the hire charges from the third party insurer. If you would look to sign the outstanding Hire agreement it would be gratefully received. Many thanks
    • Yes Andy. It arrived last week but I was away for a few days. I moved house in the middle of last year as well so some post is redirected which can delay things by a couple of days. I have informed the courts of my new address
    • Good morning. OH was offered treatment for back pain via a solicitor which he accepted. This has been ongoing for several weeks. He originally told Kindertons he did not need a vehicle from them as he'd driven his vehicle home from the accident and continued to drive it to work for a week but the woman insisted it would be free and more importantly would speed up the claim process. He told her due to his work he only need a small vehicle but a brand new top of the range large vehicle was delivered. His vehicle was written off and an offer made. He had the vehicle repaired himself. There was no loss of income as he continued to work while fitting in medical treatment. On three separate calls he asked if the vehicle was free and was told yes they just need a signature to chase the other party for the cost. He informed her in more than one call he doesn't use the internet so cannot sign electronic forms. 
    • Hello Andyorch   Would you be able to point me in the right direction with regards to the defence structure for this type if claim. I have looked for similar cases but not finding much whrn searching. I believe that my defence is due by 18th March, so I have time to work on this. Thanks 1Penny    
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      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.

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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.
      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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Credit Reference Agency Guide - The A Z of Understanding and Managing your rating


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The guide to help you understand what Credit Reference Agencies are and how they impact on your lifestyle financial decisions and the information that is shared with Financial Institutions .

 

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