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

      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 
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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.
      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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Particulars of Claim Question (Non Banking)


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Thanks to inspiration from this site I have decided to go after a company I did some work for last year who will not pay, they have ignored me completely and not responded to polite letters, statements, telephone calls etc, have sent letter before action, that was ignored as well.

 

These are my particulars:

 

Claimant carried out work during 2004/2005 for the Defendant in respect of IT

consultancy services.

 

Claimant is claiming payment of outstanding invoice 407 dated 31/08/2005 in the sum of £164.50 and outstanding invoice 414 dated 23/09/2005 in the sum of £287.88.

 

Claimant has ignored repeated requests for payment and has not offered any explaination as to failure to pay.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/08/2005 to 16/05/06 of £24.22 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

Just one question, I haven't included here any legal basis upon which the claim relies, do I need to do this, if so is owing someone money contrary to common law or some statute. Please advise.

First Direct, £4031 Recovered

Halifax, £953 Recovered

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Claimant carried out work during 2004/2005 for the Defendant in respect of IT

consultancy services. [contract stipulated payment shd be made within x days of work being carried out] (or words to that effect, I assume you have some form of contract?)

 

Claimant is claiming payment of outstanding invoice 407 dated 31/08/2005 in the sum of £164.50 and outstanding invoice 414 dated 23/09/2005 in the sum of £287.88.

 

Claimant [Defendant, surely?] has ignored repeated requests for payment and has not offered any explaination [spelling] as to failure to pay.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/08/2005 to 16/05/06 of £24.22 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

Just one question, I haven't included here any legal basis upon which the claim relies, do I need to do this, if so is owing someone money contrary to common law or some statute. Please advise.

 

If you have a contract, stating payment terms, it should be sufficient.

Have you checked that the defendant is still trading/solvent? No point in going to court if you get a judgment, but can't get the money out of him/them. Just a thought.

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Hi Bookworm, thanks for response.

 

No written contract was in place, everything was verbal. 8 previous invoices were paid without a problem and I always had a fantastic relationship with the staff there.

 

They are definetely still trading, but I believe they have new management. What has probably happened is the cheque books have been confiscated.

 

Any advice?

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Yes.

 

File away. I'm assuming you can show all the relevant info to support your claim, invoices, etc, so no reason why you shouldn't proceed and get your money back.

 

Keep us updated, this could come in handy for other people.

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Okay thanks, will get on with it tomorrow.

 

Keep you all posted.

 

:)

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

Link to post
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Claim filed...

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

Link to post
Share on other sites

I can prove payment of the previous invoices, I was thinking that must count for something as it shows some agreement must have been in place between us in the past.

 

Let you know what happens.

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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if you have no written contract it may well turn out unenforceable. good look though.

 

Incorrect.

 

 

t.gif

"Generally, there are no formal requirements which have to be satisfied to create a binding contract. Limited exceptions include contracts for the sale of land and consumer credit agreements. Consequently, a verbal contract will be binding.

The main problem with oral contracts is proving exactly what was said and agreed. Generally, it's one person's word against another's.

However, if you can prove that you were given a false assurance and/or information on which you based your decision to enter into the contract, you may have an action for misrepresentation and/or breach of contract which would entitle you to damages.

Also, contracts made purely at a distance, over the telephone, for example, may be cancellable under the Consumer Protection (Distance Selling) Regulations 2000. It really depends on what was the subject matter of the particular contract. If the regulations do apply, a buyer has a cancellation period of at least seven days but it may be longer."

 

.

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When I was working as an IT contractor, the bloke I was working for paid out two of my invoices and decided to sit on the final one for over £3k.

 

I went to see one of those free Legal Community places, and before I had even finished the story - the lawyer said to me "Breach of Contract". I said to him, "Well I didn't have a contract with him", and he said "Doesn't matter. He's paid you before so that has set a pattern of payment (or words to that effect). He said he would write the dude a letter telling him to cough up or he'd get sued.

 

A week later I had my money :D

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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Thread Locked

because no one has posted on it for the last 6520 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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