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andy, i'll search for a template letter somewhere and put in the part you sent me to from the .gov website and say i should have been refunded within 14 days but as you didnt give me an answer when my refund would be issued and kept me asking you for over 45 days without reply or resolution and time taken, phone calls and recorded letters etc...im seeking £xx as compensation as citizens advice told me i am to be put back to the same financial poistion as i was before i returned the item. failing that i suppose i could report them to trading standards and explain what happend (no refund in 14 dya and no compensation for my out of pocket expenses) thanks again andy. -
Well sanctions must have been imposed somewhere along the line and you dont make an application in anticipation unless they have been imposed. They were late in re submitting their particulars...you referred to this in your statement From their statement in support of their application -
By LouLouDev79 · Posted
That makes sense, yes I will make sure I attend on the day unless I hear otherwise from the court! Am I right in thinking that if it is struck out, then they wouldn't be able to re-start it as it is now statute-barred? -
thanks for the response, on the phone, they insist that an existing balance still exists and will be reported as such, my understanding is that credit files should show a partially settled account with zero balance, Barclaycard seems to say that the outstanding balance remains, that's my problem, I feel the letter of acceptance indicated the balance is cleared. And if they report the account with an outstanding balance then how can at the same time be settled, the 2 conditions cannot exist at the same time. -
thanks again andy...i had no intention of doing a court claim...i just mentioned that as an example of being able to claim out of pocket expenses.😀
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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
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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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