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    • Here's the Law Gazette on today's evidence to the inquiry from Gareth Jenkins of Fujitsu. Post Office Horizon IT Inquiry live: Crucial prosecution witness Gareth Jenkins says Post Office 'tried to put words in my mouth' | Law Gazette WWW.LAWGAZETTE.CO.UK Gareth Jenkins, the Fujitsu engineer whose evidence was crucial to at least a dozen sub-postmaster prosecutions, begins four days of oral evidence to...  
    • So @theoldrouge * Are reform suspending farage for his putin apologist propaganda pieces? - Which he has doubled down on * Are you going to condemn antisemitic bigoted racism from your right wing  bigots? In effect, are you two going to look up from your gutter and follow labors lead?     "Farage (a “pub bore” who has no grasp of the complexity of “finding international solutions to problems”) - did not say that both Sweden and Finland, Nato’s latest two members, decided to join only after Putin ordered the full-scale invasion of Ukraine. Finnish ex-Prime Minister Alexander Stubb said joining the alliance was a “done deal” for his country only as soon as Russian troops invaded Ukraine. Their membership more than doubled the Russian border with Nato. For Sweden, their decision to join ended more than two centuries of neutrality, such was the threat posed to them by Russia."   Simple fact - Russias invasion of Ukraine forced Finland to join NATO - doubling Russias border with NATO countries.    
    • I have read that thread but it started when received court claim form    im not at that stage yet    I'm asking if I should do anything just now or not contact at all    looks like a standard letter i received giving me 7 days when first letter said they would give 14 days but didn’t and sent 7 days      once again. Dx  thanks for your help and everyone here I get lost in the other posts but have read them 
    • Please check this suggested letter and let us know if there is anything wrong or anything you want to add. Please will you read it carefully and take care this time.  
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    • 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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Car insurance liability when your private car damages property owned by a company.


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Hi

I stupidly left my handbrake off,  and my car rolled down a hill and into a fence owned by a company. I am a part owner of the company that owns the fence.

My car insurance (Prima) states they won't cover the damage to the fence, just the car as they state  "you own the land', although I don't and I did make that clear to them when reporting the accident..

I understood a company is a separate legal entity, so should be considered third party damage and car insurance should cover?

The property has a £400 excess and I'm already going to be paying out the £500 excess on car insurance, so want to avoid paying both if I can..

Thanks for any advice you can give...

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I agree with you. You and the company are separate legal entities so the company property that you damaged is third party property as far as you are concerned..  Get the company to write to you holding you formally responsible for the damage to their fence with the quotations for the repair. Send it by post (proof of posting) to Prima and ask them to confirm they will deal with the the third party directly. Best that someone other than you writes on behalf of the company!

I suspect this is simply lack of knowledge by staff on customer service desks who don't understand the concept of companies and their shareholders being separate legal entities.

If Prima still make difficulties use their formal complaints system until either they agree to cover the TP claim or issue a deadlock letter. You can then go the FCA.

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18 minutes ago, Ethel Street said:

I agree with you. You and the company are separate legal entities so the company property that you damaged is third party property as far as you are concerned..  Get the company to write to you holding you formally responsible for the damage to their fence with the quotations for the repair. Send it by post (proof of posting) to Prima and ask them to confirm they will deal with the the third party directly. Best that someone other than you writes on behalf of the company!

I suspect this is simply lack of knowledge by staff on customer service desks who don't understand the concept of companies and their shareholders being separate legal entities.

If Prima still make difficulties use their formal complaints system until either they agree to cover the TP claim or issue a deadlock letter. You can then go the FCA.

Thank you Ethel, their letter was literally one line, with an added bonus of a typo.....

"As you own the land that the property was damaged on we would not be able to dela with that aspect of the claim.", so I think it may be the initial fob off.

I have replied just stating "This is not correct, the fence is owned by XYZ ltd, please clarify?", but will follow it up with a letter from the company.

will let you know how I get on x

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Often vehicle insurers will refuse to deal with third party property damage claims. They will by lack of willing rely on the third party to use their company Insurance  and the companies Insurance would try to reclaim through your Car Insurance.

Agree with Ethel, but sometimes Insurance claims staff will try to avoid additional work.

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