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if an application as this is made at the same time as submitting DQs some court hear both application and normal claim at the the same time. Some courts will have a separate hearing just for the application. If the court informs you of the latter you will normally be expected to submit your statement in objection of the application not less than 7 days pre hearing. If they dont have a separate hearing for the application the application will be dealt with at the normal claim hearing and you will follow directions laid out by the court in your Notice of Application N157. -
Hi, Attached I've compiled evidence concisely that they are aware the parcel was lost. On page 6 is emails in OCT 2023 where they offer to settle for the previous parcel and I remind them on record that I have an identical case with this parcel 2. Not sure if I should have attached their response where they acknowledge but only want to concentrate on settling the current claim since the footer of their emails says The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. Interestingly, I've also put an email I received from their support after i sent the letter of claim where they claim they only keep records for 6 months. And then after the recent claim response saying they only keep records for 12 months. Thought this was a bit contradicting, is that usable for anything? -
Thanks Andy, reading through all of that now. Very helpful. -
By engineering dispute · Posted
Hey so I have an update. I received a letter from them last month saying thank you for request for copies of phone conversations. To assist their search, please provide as many details on specific calls I am interested in as possible "Please note we are less likely to be able to locate calls more than 12 months old and all calls are provided on USB format". They sent a link to provide more information. The SAR came last week. I've looked through multiple times and can't see the call referenced in the March letter - the 2021 call to cancel the accounts. Should I input the details for the 2021 call specifically on that link or keep everything to letters? Many thanks. -
Here so I can read it
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If you are buying a used car – you need to read this survival guide.
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If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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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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