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Thanks all, I say all! Bazza you do seem to take great blithe pleasure in offending someone you’ve never even met before. I can confirm i’m not an ‘OP’, which I presume is short-form for ‘Old Person’! Well I guess my positive spin on events will have to be consigned to landfill and I am just going to have to go with the general consensus landslide of opinion and pay it then. Fiddlesticks. Another little piece of soul given to an organisation I find anathema to me - that’s what hurts the most [starts sobbing]. Oh well, could be worse I guess I could a Man City fan defending the indefensible! Thanks again. -
By occysrazor · Posted
Thank you. Will confirm once this is received -
You will receive a Notice of Judgment with details of the judgment and payment details -
By honeybee13 · Posted
Hello, welcome to CAG. It would be a good idea for you to read other shoplifting threads here to get an idea of how this works. The police won't get involved now, so no chance of arrest. You need to avoid that branch of John Lewis for a while though. Basically, John Lewis's security people will give your details to either a firm like Retail Loss prevention or DWF solicitors who will then write to you with scary-sounding letters to frighten you into paying them some kind of penalty. They have no legal power and can't take you to court, only John Lewis can. Last time we saw a retailer in court against shoplifters, it went very badly for them and we haven't seen a case like that since - over 10 years ago. But you need to figure out why you did this. If you need support, talk to your GP and aske them. They will have heard it all before and won't judge you. Best, HB -
By BankFodder · Posted
In addition to the information you've been given above, I suggest that you spend some time reading up on the stories on this sub- forum. There is a lot of information about suing as an entitled third-party. Take a couple of days – and by Monday you will be much more confident. More in control and you will have fewer questions to ask but the questions that you do think up will probably be more relevant and more interesting to your case. Do the reading. This is always an essential first step Additionally please can you give us more details. What was the item, was it correctly declared, was the value correctly declared, what was the value that was declared? Very importantly what date did you send it?
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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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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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