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    • I agree about your suggestion or settlement, but I don't think you are there yet. Although this is a judgement you will have to make.  For the moment you will need to file a defence to the claim, but there's lots of time and we will see what his response to your letter is and whether or not he agrees to provide you with the information you are asking or if he declines.  It would be useful to have the information but if he declines then this could play into your camp as well.  We may then have to file a process which requires him to comply.  So I understand that you have the electrician statement already in a WhatsApp text.  If you can't get a statement from them then the WhatsApp text will be very useful.
    • I have explained that to her this morning  and have a job starting with her on Tuesday next week so I will chat it through again then As an alternative we can use the whatsapp message wihout the statement of truth direct to the claimant in the letter requesting information as it may help claimant to a decsion My preference is to get this out of the way and settle but not at £1200  £500 or £600 would save us all lots of frustration and time, I have no axe to grind and my client is/ was a very nice man and we both felt the same about each other  
    • We have heard about this waste of taxpayer money in a national crisis ... when hige amounts of it were reported 'dumped near a nature reserve .. but the saga continues Lets hope labor gets a billion back from the duff stuff supplier, and prosecutes the government figures behind the atrocious mismanagement and cronyism   PPE worth £1.4bn from single Covid deal destroyed or written off | Coronavirus | The Guardian WWW.THEGUARDIAN.COM UK government deal struck at height of pandemic described as ‘colossal misuse of public funds’  
    • Tell your electrician that they won't have to attend court. A simple statement accompanied by a statement of truth will be more than adequate and they won't hear anything more of it. Tell them that you will have to referred to in court anyway but a written statement will help a lot
    • Claimant: Lowell Portfolio I Limited Our Client: Walker Love Walker Love Ref: Original Lender: Balance:   We have been instructed by our client that you have failed to repay the sums due in respect of the above account. Your Agreement with our client is terminated, which means the balance outstanding is due and our client requires your proposals for payment. Please treat this letter as notice that, unless an agreement is reached within 7 days of the date of this letter, we are instructed by our client to commence court proceedings against you for recovery of the sums outstanding. This means that you may have a Court Decree registered against you. Any Court Decree registered against you may affect your ability to obtain credit in the future. If court action proceeds, we are also instructed to seek legal costs in addition to the sum outstanding from you in order to cover any outlays by our client in having to raise court proceedings If a Decree is obtained then we may be instructed to enforce that Decree which may include an application for an Inhibition against you. This will have the effect of preventing you from selling or granting any further securities against your house, or any land that you may own in Scotland. Rather than issue court proceedings our client would prefer to find a suitable solution to enable you to repay the sums outstanding to it.   To discuss how best these outstanding sums can be repaid please contact Walker Love within the next 7 days by telephone on 0330 678 0335 or by email at contact@walkerlove.com Proposals   Our client may be able to agree to accept less than the sum outstanding in settlement of the sums due from you or, if this is not an option for you, to agree regular payment instalments with you, based on a review of your financial circumstances.   If you need to seek advice then you may wish to contact one or more of the organisations listed below who are able to provide independent advice to you. Yours faithfully   +44 (0)3700 863 000 | www.shoosmiths.com
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • 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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