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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      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

      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 
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      BankFodder

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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
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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

dbmbawswlb v lloyds ***WON***

dbmbawswlb

By dbmbawswlb
in LloydsTsb Successes

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GaryH

GaryH

Posted
Posted

Completely standard. If you still have a copy of your AQ then send them one, if not don't worry, its not essential.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Hmmm, its a difficult one. When they were requsting a month for settlement it was the perfect opportunity to put a bit of pressure on and it gave a certain amount of leverage over them. Thats why they've changed it obviously. On recent evidance though many claims, if not most, seem to be getting settled within a month of AQ return anyway.

 

As Matt said, familiarise yourself with the court bundle and all the evidance you'll need if it was to get as far as document exchange, just in case.

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GaryH

GaryH

Posted
Posted

Yep, we could be busy here in the next few days - the issue is really hitting the mainstream now. And Lloyds think their snowed under now.....!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

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GaryH

GaryH

Posted
Posted

Have'nt seen this ordered before TBH. Nothing to panic about though. You'll more than likely get a settlement well before then, but still plan ahead as if you won't.

 

Get in touch with the court on Monday morning and tell them you are a litigant in person and do not have the facility to set up a telephone conference. Ask exactly how you would go about setting up a telephone conference even if you did! Does it have to be 3 way?

 

See what they say. If they can't/won't help, don't worry about it, I'll see if I can seek further advice. I think the best bet would be to make an application to vary the order to have either a prelim hearing or by written representations instead. See what the court say first though.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Chill Darren...

 

This is good news, SC&M are now obliged to do all the running around and organising of the conference call. Which they won't - they will settle instead. For this reason there is no point asking for a prelim hearing instead of the prelim CC.

 

Write to SC&M reminding them of the order to arrange the conferance call and request that they contact you by return with their proposals for setting it up. Give them your phone number obviously. Copy the court with the letter as well. (It does'nt have to be anything fancy or long winded by the way)

 

A prelim hearing is just for the judge to narrow the issues, case management or decide on allocation, etc. Does'nt really matter TBH, SC&M won't turn up whether its the prelim or final hearing. I'd be very surprised if you did'nt get settled well before the date.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 months later...
GaryH

GaryH

Posted
Posted

Here you go Martin (you may have seen it already) - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

There are a couple of links in that thread to threads of claimants who have attended prelims - Stan1 is one of them. He's very helpful and won't mind being contacted if you wanted to ask him anything.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Brilliant, well done mate thats great news!!!!!!!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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