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


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    • 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.
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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.

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

MacBoy Vs. Halifax and Hello To the Group!

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photoman

photoman

Posted
Posted
Update

 

Finally got around to it! HFX Credit Card Claim filed at Lambeth C.C. this morning. Current Account case to follow shortly :D

 

 

It's only taken you a year !!:D :o

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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photoman

photoman

Posted
Posted
Kenny/Photoman - :p

 

Sallysas - you're welcome - leech away - you don't think i wrote them entirely by myself, do you? :lol:

 

Well, the Banks have been leeching from us all for years !!

 

It takes a leech to catch a leech !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 4 weeks later...
photoman

photoman

Posted
Posted
Yo Mac,

 

They made you an offer you rejected it, you told them to take the money out of

your account, they haven't, you have recieved no defence papers,

Go for judgement go get them :D

 

Agree !!

 

PRACTICE DIRECTION – THE SUMMARY DISPOSAL OF CLAIMS - This Practice Direction supplements CPR Part 24

 

Go get 'em

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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photoman

photoman

Posted
Posted
Update

 

It seems my quick call to the court today was a good idea. Halifax apparently filed a defence on 17th April although I did not receive a copy. The court office have now promised to send me a copy :roll:

 

You should also check with the court, that due to the failings of the defendant to serve a copy of the defence upon you within the prescribed time, the court will permit you an extension upon the prescribed time to file any "reply to defence" should you so wish.

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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photoman

photoman

Posted
Posted

IMHO.

By way of re-assurance, I actually thought much the same as Kenny, but he beat me to it in posting.

Keep your cards as close to your chest as possible (obviously whilst still complying with CPR), and just let the defence dig their own hole !!

 

Glad to see your still on top of things, and I'll be watching with interest.

 

Regards

 

PM

  • Haha 1

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 2 months later...
photoman

photoman

Posted
Posted

still plenty of us watchin !! ;)

 

PM

  • Haha 1

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 1 month later...
photoman

photoman

Posted
Posted

Good luck, go get 'em.

 

If you get the jitters, just picture in your minds eye the most daunting thing you have ever achieved at some point in the past, and use that to put the current events into perspective.

 

Will likewise look in later, do please post up a synopsis of events.

 

Pm

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 3 weeks later...
photoman

photoman

Posted
Posted

Watching with "interest" !!

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 3 months later...
photoman

photoman

Posted
Posted

Not a resolution and payout.

 

But a fair result of sorts.

 

At least you now have 2-3 months or more to prepare for any further hearings and know what kind of defence to expect. They're unlikely to be able to throw any last minute surprises upon you for next time... at the last minute as usual.

 

Also encouraging that DJ saw merit in the use of Sempra case.

 

I wouldn't be surprised if you receive an offer quite soon.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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