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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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    • If you are buying a used car – you need to read this survival guide.
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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bobtheb v Goldfish ***WON***


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  • 2 weeks later...

6/12 offer to pay the charges ,but no interest,they say charges are paid off first,therefore no interest is paid on them:confused:

:grin:amount WON so far £15,021.27(12 claims):D

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  • 2 weeks later...

Hi bobtheb.

 

Congartulations on your win:D

 

Could I ask what interest you charged. Was it the contactual rate? Did they settle without court also?

 

I am just about to send my prelim off:)

 

Thanks Milly:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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  • 2 weeks later...
6/12 offer to pay the charges ,but no interest,they say charges are paid off first,therefore no interest is paid on them:confused:

 

Hi bobtheb

 

I have received same thing about the interest. I do not wish to accept their offer at all as it will affect the contractual Interst I am claiming.;)

 

Could you help me in what to put in the rejection letter( just about the interest!) or did you ignore that!

 

Also,when you received your reply to prelim, how long after did you send your LBA? The reason I ask is they have replied very quick and I had given them till 16th Jan. Do I have to wait?:-|

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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You must stick to your timescale before issuing your LBA,when you say you want to claim contractual interest i assume you mean instaed of statutary? As they settled before court proceedings were issued I didnt get that far:) Use the template rejection letters in the library,thats all i did

:grin:amount WON so far £15,021.27(12 claims):D

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Hi bobtheb:)

 

I have got my LBA & rejection combined with the help of tamadus.

 

Why should I wait though till 16th Jan though as they had replied and I believe that as they have I can now reply with the above.:confused:

 

This was from the bottom of the prelim:

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. THEY HAVE REPLIED

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. THIS BIT HERE LEADS ME TO BELIEVE I CAN CARRY ON

I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

Milly :)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I suppose they could still reply favourably within your original timescale (unlikely i know) but i just think it best to stick to your own dates(if it comes to court it might be important )

:grin:amount WON so far £15,021.27(12 claims):D

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  • 1 month later...

Hi bobtheb - well done! I've received an offer from Goldfish of £8 per claim (the difference between what I was charged and the £12 now set by the regulator).

 

How did you manage to accept their partial settlement and then still go on to claim the lot? I had intended to reject their offer outright and go for full settlement plus interest.

 

Any help would be appreciated!

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if you look in the library there is a letter especially for acceptence of partial settlement but saying you will carry on for the rest of your money try

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

:grin:amount WON so far £15,021.27(12 claims):D

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if you look in the library there is a letter especially for acceptence of partial settlement but saying you will carry on for the rest of your money try

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

Cheers bobtheb. I will save that link for other "battles" as I've had a letter from the lovely people at Goldfish today offering my full £80 as final settlement. I've decided to accept and not bother about the interest. :D

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