Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • 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.

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Matilda v RBOS ***SETTLED IN FULL***

matilda153

By matilda153
in RBS and BOS Successes

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5377 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

matilda153

matilda153

Posted
  • Author
Posted

After it became clear that my claim MAY NOT be assigned to the small claims, I decided to offer Cobbetts a settlement based on charges only within the 6 year period (as they previously offered me - which I previously turned down)

 

I have had the following letter today from Cobbetts

 

"on the basis that we are successful at the hearing and your default Judgement is set aside, we confirm that we will also apply to strike out the remainder of your case under the Limitation Act 1980."

 

"strike out the remainder"....I am correct in thinking that this only refers to the pre 6 year charges at the set aside hearing?

 

Does this mean I will have to describe my assertion that section 32 applies?

 

Should I present this to the court prior to the hearing?

 

What are your thoughts as to what is Cobbetts game plan?..... I have now offered to agree to their original offer....yet they continue?!....What have they now to gain??

 

Have I slipped up at all?

 

It maybe of interest to note that my previous offer stated the following

 

"This offer is not to be taken as acceptance of your position and furthermore I reserve the right to bring my offer to the attention of the court if I feel that the circumstances require it.

If you agree to my proposal within 7 days I will consent to your application to set aside.

If you do not agree then I will continue for the whole claim, being fully aware that this matter will not be allocated to the small claims track and that I will expect and require standard disclosure to be ordered against your client."

 

Many Thanks

Link to post
Share on other sites
matilda153

matilda153

Posted
  • Author
Posted

Yes the claim is below £5K....This is a reply from BF....

 

"You are quite right that the matter should go to the small claims track except that the s.32 LA element could persuade a judge to put it on to the fast track. In this case you would have a limited costs exposure - about £750 for appearance fees - max."

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

Hi, I think you've been more than fair already. It seems as though you have very little to lose now, since (a) the Standard Disclosure element is more beneficial to you than them, by a long way and (b) if there is a judgment that the Limitations part of your claim does not have any merit then not only will it have no affect on the remainder of your claim, but it will also do us a favour in hearing what a judge has to say on the issue.

 

The set-aside hearing is essentially to decide if they should be given a chance of defending, but this might still mean having to explain your reasoning. I don't believe you would have to send any paperwork into court in advance.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites
matilda153

matilda153

Posted
  • Author
Posted

Another letter from Cobbetts....

 

YIPPPPPEEEEEE!!!!

 

This one containing a cheque for £2750.00....13 weeks after my first letter.

 

Everyone PLEASE note that this settlement is UNCONDITIONAL.....so dont make the mistake of agreeing to conditions....they will pay up regardless!

 

I will donate 5% when it clears, thanks everyone for their support.

 

I am a little disappointed that I didn't get to test s.32.....

 

Although I will seriously consider claiming again for the remainder (pre 6 years) - with of course interest charged at 16% - the contractual rate.

Link to post
Share on other sites
stacymason

stacymason

Posted
Posted

CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Well worth the wait!!!!!!!!!!!!!!!!!!!!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

Link to post
Share on other sites
jonni2bad

jonni2bad

Posted
Posted

CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - Bank Charges Refund Survey - it only takes a minute....

 

.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites
  • 3 years later...
  • 9 years later...
matilda153

matilda153

Posted
  • Author
Posted

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

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5377 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...