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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.

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      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.

Westcot Claimform - M+S card - *Set Aside*

Noumidia

By Noumidia
in M&S Cards

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AndyOrch

AndyOrch

Posted
Posted
AndyOrch

 

Ok Andy you could be right, but from my previous experiences the claimant is allowed limited time (4 weeks) to provide the documents and most of them they dont provide them on time as the bank are very slow dealing with DC issue , is there where i am taking my chances.

 

Accepted I have won many claims on the none disclosure and had the claim either struck out or discontinued by calling their bluff...its a gamble though particularly when you throw £80.00 at it to test and you get a good DJ on the hearing.

 

Also they were not default judgments/ set a sides so I didnt have to offer a defence in advance to the claimant.

 

Regards

 

Andy

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Noumidia

Noumidia

Posted
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Posted (edited)

Andyorch

I know i have to pay £80, i may get a legal fees as i am on the moment on JSA. If i dont act now ,they will go for a charging order, and if i loose then i will offerd them no more £5 a month to wescot.

Edited by Noumidia
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Ganymede

Ganymede

Posted
Posted
AndyOrch

 

Ok Andy you could be right, but from my previous experiences the claimant is allowed limited time (4 weeks) to provide the documents and most of them they dont provide them on time as the bank are very slow dealing with DC issue , is there where i am taking my chances.

 

 

 

You can't rely on you experience of a pre issue Statutory Demand. There is a CCJ in place now which is a lot different - The Claimant doesn't have to prove or provide anything at this stage as they already have the CCJ!!

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Noumidia

Noumidia

Posted
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Posted

Ganymede

 

Have you been or knew somone in the some sitution like me or do you have any legal expertise in this domain? because you keep saying and repeating that "The claimant doesn't have to prove or provide anything at this stage as they already have the CCJ". Is this a fact or your opinion?

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AndyOrch

AndyOrch

Posted
Posted

Noumidia

 

Why not just accept the CCJ and make application to vary the judgment to a monthly affordable amount N245 (variation) assuming its a forthwith judgment.

 

Regards

 

Andy

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Noumidia

Noumidia

Posted
  • Author
Posted (edited)

Andy

It is difficult to accept the CCJ, I was trying to get rude of them for the last 5 years surely i dont need another one to hang on my CRA for another 6 years. Is not over until the fat lady sings.

Andy, I do appreciate you support and your help and many thanks.

Edited by Noumidia
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AndyOrch

AndyOrch

Posted
Posted

No problem you must do what you feel is right and justified.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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furyan

furyan

Posted
Posted

my misses is in a similar position.

she didnt recieve any claim form

we did listen to these guys on here put in a n244 on grounds no paper work was recieved was granted a set aside hearing which was last week

in our favour the dj did order wescot to send me a copy of original agreement.

listen to these guys they have good solid advice

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furyan

furyan

Posted
Posted

put in n244 on grounds that we recieved no paper work.

also stated that we didnt know anything about the debt

no defaults on credit files or anything.

we recieved a letter from wescot today and they wish to consent to set aside and withdraw because tthey carnt find original agreement.

but every case is different

i will update my thread later when i get home from work

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Guest

Guest

Posted
Posted (edited)

noumidia

presume you have already seen this info as well http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

furyan did well to get an order requiring production of original, something claimant was unable to comply with. but, there were other circumstances as well. as said, 'every case is different'

re stat interest, 4 years worth could usually be challengeable as unreasonable when contested (yours was default). once principal sum, 'up to' 1 years worth is usually regarded as reasonable.

Edited by Ford
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Guest

Guest

Posted
Posted (edited)

was just saying eg where there is a trial/hearing and judgment against re principal sum, j then has discretion whether or not to award any s69 stat interest claimed in consideration of circumstances. there, 4+ years worth may be regarded as unreasonable and may be argued as such, with 1 years worth usually being seen as reasonable.

Edited by Ford
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