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Although this situation is mildly disturbing like a fly trapped behind the curtain on a warm day, your creative responses are always a joy to read, Dave. Cheers. Will send across. -
Hi I stupidly left my handbrake off, and my car rolled down a hill and into a fence owned by a company. I am a part owner of the company that owns the fence. My car insurance (Prima) states they won't cover the damage to the fence, just the car as they state "you own the land', although I don't and I did make that clear to them when reporting the accident.. I understood a company is a separate legal entity, so should be considered third party damage and car insurance should cover? The property has a £400 excess and I'm already going to be paying out the £500 excess on car insurance, so want to avoid paying both if I can.. Thanks for any advice you can give... -
By London1971 · Posted
Lowell , Cabot etc, I'm not sure how I can politely put this, but F taking money from your kids mouths to pay them! -
Yes, they are digging themselves into a ditch, with regard to people like you who fight back. Remember that, sadly, the vast majority of motorists who get these tickets think they are fines, that companies like ECP have some sort of official status, and give in and pay. They are just putting barriers in your way and encouraging you to fold. How about this as a reply - Dear ECP, Re: Subject Access Request PCN no.XXXXX I refer to my Subject Access Request dated XXXXX and received by yourselves on XXXXX. Thank you for your bizarre letter of 23 April. Your letter requests Photo ID - which I have already sent to you. The letter also requests proof of ownership of the vehicle - this is impossible to produce as the vehicle in question was on hire. In any case requests for proof of ownership are silly given your PCNs invite registered keepers to nominate drivers who do not own vehicles. I note all this concern for correct identity was absent when you decided to send letters threatening me with all & sundry if I didn't pay you money! The SAR was received on XXXXX. I have already sent Photo ID. The clock is ticking. I am well aware that I would have the right to complain to the ICO and to sue you for not respecting your statutory duty should you not respect the 30-day deadline. Tick, tock. Yours, XXXXX -
none of their ruddy business! and if they have been pressuring you in o borrowing from friends and family .. THAT IS WRONG AND AGAINST THE REGULATIONS...if you have that in B&W you need to REPORT THEM. once a debt is defaulted and it gone from your file it can never come back. not without a fight in court you won't. i think you are getting confused here , just because you've been paying 'creditors' via and IVA it does NOT mean the debt can re-appear on your file, and it does not mean you are more likely to get more CCJ attempts. statute barring is 6yrs from a debts last payment, but that can't change anything on your credit file. i really wish you hadn't sent that letter. please dont do anything more now unless you check with us first..no calls, in/out. no emails in/out no letters in/out....thats if you want our help.... NONE OF THEIR BUSINESS STOP GROVELLING to them. could have been worded alot better and more forcefully. dx
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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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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