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OK, understood. The second decision to make, given PE are wobbling, would be whether to reply to them (well after 8 May to show you're not scared of them), ridicule their offer which is no offer at all, and ask them to make a serious attempt to settle. You never know, they might offer a few quid as an out-of.court settlement and it might save your mum having to do court. Just an idea. Something to consider. -
If we are sure we have a valid case, she's ready to go to court. Her sister is going with to help with her hearing difficulties, so we might as well see it through!! -
Yeah of course, it hasnt changed?? Case Stayed on 05/02/2024 at 19:39:44 Case Stay Lifted on 16/02/2024 Case Stayed on 22/02/2024 at 19:39:13
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Following your update on your other thread, and I know it's a pain, but can you please put up the current MCOL status? There is a good reason.
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I agree with lolerz. They are simply trying to scare you. Anyway, it's your case, you get to decide how to proceed with it. If you want to drop it, you can drop it when you want. Their silly deadline of 8 May is neither here nor there. If you did drop the case they would be stuck with their own costs. Tough. That's how it works at small claims. However, indirectly there is a point to consider. We all know how problematic this has been for your mum to handle. So far it's only cost you £35. Is she prepared to go to court and argue her case, or would it be better to drop the matter and take the hit on the £35?
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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.
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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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