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By BankFodder · Posted
Thank you. I'm going to say that the photographs really don't say very much and once again it's a real shame that you didn't take lots of photographs of all the issues including the Windows and the state of the inside of the room. You can certainly bring a claim here if you want and we will help you but I'm really not sure of your chances of success. It sounds to me as if the manager you spoke to was dismissive and nothing was particularly agreed or admitted. If you want to bring a claim then I would start off by establishing a paper trail where you point out the things that were wrong and the fact that you discuss this with the duty manager who appeared to be dismissive. You could ask them then in general terms if they have any proposals to make. I think you're in weak position. I don't think you should start threatening them with legal action or anything at the moment and even if you did bring a legal action for the full amount I would probably advise you to negotiate a settlement of maybe 50% – if you're lucky – at mediation. Have you tried putting up Google reviews and reviews on trust pilot? This could also be a good way to start. I'm very sorry but when you deal with these kinds of issues then you need to collect evidence as quickly as possible. It is the first thing you always do when there is a poor hotel, a stone in your cornflakes or a motor accident. I'm afraid that you have to think this way and maybe it doesn't come naturally – but having run the consumer action group for 18 years, this is rather second nature. If you have any phone calls with them then you should read our customer services guide first and then confirm any admissions they might make in writing. -
By theoldrouge · Posted
Starmers election winner My dad was a toolmaker 🤣😂🤣 Sunaks election winner I was a deprived child I didn’t have Sky TV🤣😂🤣 and Davey just makes a complete idiot of himself Only Reform worth voting for ,follow the French at last they are seeing sense -
By BankFodder · Posted
What is the value of the claim? Please can you post up the claim form in PDF format -
Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form. This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports. 4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help
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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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Tanzarelli v Cap One... £ + default **WON**
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