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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.  

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      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.

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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.
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      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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BT Damaged My House, Refuses Any Liability for Damage - Tells Me To Sue Their Contractor


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The responsibility is British Telecom's. You are being fobbed off.

You should keep control of this and that means that you should reject any attempts by British Telecom to pass you on to someone else.

Why have you hidden the name of the contractor? What is the name of the solicitor who sent you this message?

I understand that you have an independent valuation of the damage. Is that in writing? What is the value of the repairs?

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You say that photographs have been taken and also an engineer working for BT criticised installation. Do you have any evidence of that now?

 

Also, during the period that the system didn't work, where you paying any money to BT?

It is starting to become clear that the situation is rather more complicated than you first indicated.

Please can you give us a bullet pointed chronology/timeline of events

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Not a lawyer at all. Simply a so-called "claims handler" who probably spends a lot of her time fobbing off BT victims onto contractors et cetera. Probably thinks that she is doing BT a favour

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I understand also that you have had the damage inspected and you have a quotation for the repairs. I think it's a good idea to get to quotations. Make sure that they will be good quality repairs – you don't need to skimp because BT will be paying.

Sending SARs is a good idea but the most important thing is that you get the quotations.
Vicky Tomenson
Once you have done that then come back here we will take you to the next step. We will try to point out to Vicky Tomenson that the best thing she can do is to help her employers act morally and responsibly.

 

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I see what my site team colleague has posted above – but I'm going to say right now that you should deal directly with BT. Refuse to deal with the insurance company – that is BT's problem. BT have already demonstrated bad faith by trying to fob you off and so you should challenge BT directly and begin a court procedure against them if necessary – as it probably will be.
Show BT that they have lost control and that you are now dictating timelines.


You have a damaged home and you want it sorted out quickly – and although you haven't given us a chronology yet, it seems to me from what you have said that you may have had to put up with the damage to your home for four months.

That's quite long enough.

Now the time to take control and get it sorted out quickly – and of course we will help you

 

You will be able to claim against BT not only for the damage to your home, but also if you have suffered loss of service for four months, then we will also help you claim for that at the same time – as well as any other ancillary losses

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I'm not able to read through your entire post at the moment, but absolutely.

 

They should be a single claim against a single target which should be BT .

 

There is no reason to divide them or to dilute the pressure on BT

 

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6 hours ago, Shining_Hammer said:

So, you're saying I should combine my two claims (damage + lack of service) into one large claim and request-payment-then-small-claims-court just British Telecommunications plc (BT)?

 

Of course. Why would you pick to fight instead of one fight – especially when BT is the responsible party.

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You haven't addressed the question as to whether you've been paying BT since they started the installation.
I don't think you've told us about the value of the damage.
We haven't responded to my suggestion to get two quotations for the work.

It would be helpful if you would addresses questions and tell us what your plans are to get the quotes.

We don't really want to hang around on this. We'd like to get going. It shouldn't take you more than a few days to get the necessary quotes and to let us know how much we are talking about – and then I expect that you would issue a letter of claim towards the end of next week and start your claim 14 days later.

Unless you want to hang around for another six months. Some people enjoy that

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