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    • I have been in the motor trade for 35 years and have used hundreds of companies for a variety of repairs, only once have i had a major problem which i sorted out in County Court and won. I had a Vauxhall Insignia with an engine fault and advertised on 1st Choice car repairs site for a repair.  Jack, actually his alias Lee contacted us with a quote which we accepted. We transported the car to Unit 4/18 Burnt Mills Road North Benfleet SS129JX expecting its return within the promised 28 days. I have had every excuse you could possibly imagine, in the last 2 YEARS!! as to why the car is not repaired. Ecu faults, Ignition faults, Gearbox faults, Exhaust faults, Wiring chaffing faults, Communication faults, Cancer treatment delaying the repair, medical treatment in Turkey delaying the repair, Covid delaying the repair!! The man is a pathological liar and a fraud. He is now refusing to tell me where the car is and refusing me access to collect it. He is under investigation by trading standards dept Jasper Singh officer in the case but he just keeps getting away with it. Police say its a civil debt and not a criminal offence. 1st choice do not want to know, they refuse to do anything other than request the car be repaired directly by UK169 which is of course ignored I found recently all the posts on this site about Jack and his tactics but it was too late. To date i am £6200 out of pocket to this man and it appears the law is powerless to deal with dishonest rogues.
    • The missing parcel is Evri uk , it was going from Shropshire to Cornwall and has gone missing.   but it got me wondering as i also sent a parcel abroad the same day if that had gone missing where would i stand ...    
    • Another farce kicking everything into the long grass - as usual for these corporate and political criminals Post Office scandal: Police to deploy 80 detectives for criminal inquiry. Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu   Police have asked government for a special grant of at least £6.75m to fund the operation. Police will not seek charging decisions, that is send files of evidence to the Crown Prosecution Service, until after the public inquiry into the Post Office scandal concludes, which is expected in autumn 2025.   It is expected the CPS will not reach charging decisions until 2026, and the wait for any criminal trials could be even longer.     Post Office scandal: Police to deploy 80 detectives for criminal inquiry | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Exclusive: Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu    
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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
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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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Paid for Lenses over a month ago...**FINALLY GOT**


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As suspected, I'm not getting anywhere fast! There's all sorts of conflicts of opinion just between my contacts. There was an EU regulation which suggested that jurisdiction should be where the consumer resides, stating as follows:

 

The new Article 5,1 of the Brussels I Regulation offers some clarification by specifying that, unless otherwise agreed, the place of performance of the obligation shall be:

“in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered;

in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided”.

In other words, the place of performance of the contract will thus be the place where the online purchaser downloads the relevant purchase information and not the place where this information was initially loaded or sent from.

 

Trouble is, Jersey isn't part of the EU. The only case law I can find so far is US case law, which went in the defendant's favour (the trader).

 

I guess we're still waiting for that landmark precedent to be set in cases like this one.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Tried to get someone at TS today but they said the person who would have knowledge about this isn't back till mon/tue so will wait for them. In the meantime i sent the lovely Andrew another e-mail pointing out the details of the SOGA and his poor info and lies on his site and said if this was ignored then I would have to send him a LBA.

 

Get one back today saying that sorry for on reply servers been down (hmm) and that they deem the item as lost have gathered my order again and will let me know when it has been shipped....heres waiting lol!

Ex CAG helper ^_^

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I've mentioned this to Jersey TS, they quite often intervene on behalf of consumers - even those in the UK, since the laws are different - so it might well be worth getting in touch with them too.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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  • 2 weeks later...

Just thought I would update this, I sent an e-mail basically pointing out the SOGA, didn't get a reply and sent another e-mail saying that LBA would be posted by end of the day. He got back to me within a matter of minutes to say the order was being processed again.

 

That was about a couple of days after i last posted here and i got the lenses early this week.

 

:D

Ex CAG helper ^_^

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LOL Bookie...

 

Have a great Day ... Eat too Much , Drink Too Much and enjoy the Day..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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