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Hi @dx100uk Thanks for the reply. I was a sole trader -
I have been checking through the documents sent to me under the SAR. There are 2 sections: "Copies of all correspondence that has been received and filed" and " Copies of all system letters that have been generated and sent". Within the "system letters" section there is a sub-section marked "System Notes supplied by Weightmans and Mortimer Clarke". Would it be expected that these sections are comprehensive and do reflect all incoming and outgoing correspondence and accurate details of all payments made into the account? There are many items not mentioned in the notes that I have received in the SAR but were sent, and other items recorded in the system notes that I have not received or seen before. In the event that items such as letters and payments made are known to have been sent/made and yet are not noted, and payment details not supplied/recorded what would be the best way forward? I have never received statements for some periods that the account was "open" and payments made during those periods are not shown in the notes. Thanks t -
By MoltoModerato · Posted
Thanks again. Apologies for the delay in reply - I've just had some time off with my family in a remote Carmarthenshire cwm 'off-grid'. I'm just finalising my witness statement and will post here when complete if you would like to see it. The WS is to be sent to the Court and Evri by the 13th May. As yet I have not received a WS or any other contact from EVRI -
(3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. 11 duplicates your 1 you have already stated the process of assignemnt. -
By Hikertrash · Posted
Would it be worth while to appeal in order to obtain the POPLA reference? I know the appeal to MET will not be successful but surely an appeal through POPLA could be?
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Our picks
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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-
- 161 replies
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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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