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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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      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

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowell Claimform - Shop Direct cat debt ***Claim Dismissed***

johnbomo

By johnbomo
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AndyOrch

AndyOrch

Posted
Posted

Simply serving you a copy of theirs...whether they have actually submitted it to the court is another question......await yours from the court then complete as follows

 

 

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  • 3 months later...
AndyOrch

AndyOrch

Posted
Posted

Time extended to submit your WS and documents till 4.00pm 2nd June.......and just as well as you would have missed the directions and had a default judgment by now.

 

You need to update your topic faster in future...you received the court documents over 3 months ago and not updated for advice.

 

Andy

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AndyOrch

AndyOrch

Posted
Posted

Follow the directions given by the court on the N157 Notice of Allocation...prepare and submit a witness statement and list of disclosed documents you wish to rely upon.......but use the new date to file and serve.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted
2 hours ago, johnbomo said:

Are there any resources to help getting a witness statement prepared? I've searched through a lot of topics, but can't quite work out exactly what needs to be added into it. Any help would be appreciated. 

 

 

Very little Im afraid as a witness statement is your statement in your own words particularising your initial defence. There are numerous examples as to the layout and style and requirements.

 

Here is a user at the same stage and just finalising his statement.

 

Andy

We could do with some help from you.

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  • 2 weeks later...
AndyOrch

AndyOrch

Posted
Posted

Fine...simply attach the exhibits you refer to within the statement as at points 4 & 5.

 

 

 

Andy

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

All very tidy and neat...looks like they are sharpening their act up...shame about the default screen shot.....the most important document required to enforce... that they cant disclose.....

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Screenshots are not admissible evidence...they can be created to match.....rarely from the original creditors software but from the DCA/Sols...thats why the courts insist on original documents only...not screen shots

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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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AndyOrch

AndyOrch

Posted
Posted

Post the courts copy now.....post the claimants sols copy when your nearer to the 2nd June

We could do with some help from you.

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  • 3 weeks later...
AndyOrch

AndyOrch

Posted
Posted

:wink: Topic tile amended......could you expand on the judgment why it was dismissed ?

 

 

Well done.

 

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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