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By BankFodder · Posted
It wasn't a defence. I'm sorry that you don't seem to understand that -
Really wish the OP could come back and tell us what happened. -
We have received a couple of letters from TM Legal. The first was on 4th March 2024, which we received on 11th March 2024, stating "action required to avoid CCJ". No claim pack was enclosed, and nothing stated a letter of claim. I wrote back to them on the partner's behalf, asking for the CCA, which we have continuously requested since August 2023. They have written back with a letter dated 16th April 2024, which we received on 26th April 2024, and enclosed what they state is the original CCA with the correct details of my name, address, etc. They also state that the copy of the original CCA was initially shared by email on 24th July 2023. Per your advice, we sent a signed letter back in July/August instructing them that we would not communicate by email or phone and that everything needed to be put into writing. They continued to phone and email both me and my partner. I reminded them on several occasions. We want some advice on our next steps; they continue to threaten a CCJ, and we cannot afford to risk getting this as my partner is slowly getting all his affairs in order with my help. I have POI and have been dealing with all of the financial matters, etc. Any advice would be appreciated. -
Hi dx Ok I'll send the oca letter when I get home. Thanks -
I dont always agree with Pollys' opinions, but this I largely do - apart from one bit .. - i do see Sue grays hand in this .. Keir Starmer should be embracing the Tories’ disgruntled voters – not their turncoat MPs Keir Starmer should be embracing the Tories’ disgruntled voters – not their turncoat MPs | Polly Toynbee | The Guardian WWW.THEGUARDIAN.COM After Natalie Elphicke’s welcome, would Labour turn any Tory dregs away? This is beneath the dignity of a party on the verge of power...
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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.-
- 1 reply
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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-
- 81 replies
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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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