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    • If you are buying a used car – you need to read this survival guide.
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    • 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.  

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      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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    • 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.
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      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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14 days?


lee6370
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As i understand it the courts asked that we seek to reslove matters with the banks, and try to avoid taking them to court.

 

So we send them 2 letters given them 14 days in each (28 in total), now the courts don't say we have to give them this much time but it is accepted to be a reasonable amount of time to give and thats is all we are asked to do.

 

However if the bank writes back after 6 days saying we will not pay, do i sit waiting for another 8 days before sending my 2nd letter?

 

If i've sent my 2nd letter and the bank respond in 5 days saying go away your not getting any money and thats our final response, do I wait another 9 days before taking action?

 

I say no, I have entered into talks, I've given them time to answer my points and settle with me, but they have choosen not to, so why wait? I have done everything the court has asked me to do.

 

Does anyone think we should wait, even when the banks have made their position clear?

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now the courts don't say we have to give them this much time but it is accepted to be a reasonable amount of time to give and thats is all we are asked to do.

 

I believe the amount of time set out in the CPRs is 28 days.

 

However, I would say - and I may be corrected - that once the bank has made themselves clear that they are not prepared to enter into discussions, then the time for the courts is nigh.

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  • 2 weeks later...

...although it will always look good to the judge if you have given them the full 14 days regardless of any reply received in the interim; you are being as reasonable as it is possible to be given the circumstances. Judges like reasonable.

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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