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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.
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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.

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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.

Behind with a court order URGENT *Eviction Stopped"

jonribs70

By jonribs70
in Home Repossessions - successes

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Ell-enn

Ell-enn

Posted
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Hi, I'm at work at the moment but will be online this evening and can help with the N244, is that ok?

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Ell-enn

Ell-enn

Posted
Posted

Hi there, I will draft a statement for you for Q.10 of the N244 but need you to answer a few questions first :

 

Is the mortgage in joint names?

Do you have any children living at home ?

 

You need to get photocopies of the following to go with the N244:

 

1. letter you sent to them recently

2. budget sheet you sent with the letter

3. letter from your doctor

4. wage slips showing sick pay

 

Also, do you have a statement showing that you have paid the normal monthly payment while you were off sick?

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Ell-enn

Ell-enn

Posted
Posted

How old is your son ?

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Ell-enn

Ell-enn

Posted
Posted

How old is your son ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

OK, back shortly ....

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Ell-enn

Ell-enn

Posted
Posted

Affixed is the statement for Q.10 – you need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the copy of the letter from your doctor– write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner – do the same on the copy wage slip which will be Appendix 2, the copy letter you sent to them which will be Appendix 3 and the budget sheet which will be Appendix 4

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – doctor's letter

Appendix 2 - wage slip

Appendix 3 – copy of letter sent to them

Appendix 4 – budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there.

 

Also affixed is a N244 form - I will give you the instructions for completing it in the next post.

Pault3 statement.doc

n244_0400.pdf

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Ell-enn

Ell-enn

Posted
Posted

These are the instructions for completing the N244

 

1.Your name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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pault3

pault3

Posted
Posted

Ell-enn,

 

Hi. I have just noticed that on the Notice of Eviction the Claimant is lisited as Wave Lending Limited yet this account was transfered from Wave Lending Limited to Webb Resolutions Ltd. My Mortgage is with Webb Resolutions not Wave Lending

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Ell-enn

Ell-enn

Posted
Posted

Hi, do you have any lettersor Statements from Webb Resolutions ?

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Ell-enn

Ell-enn

Posted
Posted

As long as they have informed the court as well as you that the Claimant name has changed then that's fine.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

You can mention that at the hearing

Help us to keep on helping

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  • 2 weeks later...
Ell-enn

Ell-enn

Posted
Posted

That's great news - well done :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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