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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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      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.

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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.

GB Refinish Supplies Ltd trade supplier debt , but no per guarantee signed? - court claim issued - help ***Claim Struck Out***

persha50

By persha50
in Legal Successes

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AndyOrch

AndyOrch

Posted
Posted

Topic moved to Financial Legal Issues Forum in view of the court claim received.

 

Topic title updated 

 

Andy

We could do with some help from you.

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  • AndyOrch changed the title to GB Refinish Supplies Ltd want paying but no Pers Guarantee signed? Court Claim Received .
  • 5 weeks later...
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BazzaS
BazzaS

They also can’t rely on you and hubby agreeing to pay £100/ month (unless you did so by a signed document in the form of a ‘deed’)   I’m also concerned by the other directors taking the spra

AndyOrch
AndyOrch

And address ?  you seem to be adding a lot of information to a woefully lacking particulars that fails to comply with CPR 16.Do not give information that the claimant has not stated within its particu

AndyOrch
AndyOrch

If you are not named as a defendant in the defendants address box its irrelevant what/who is named in their particulars. The defence response should be from your husband only as named defendant and re

AndyOrch

AndyOrch

Posted
Posted

Looking now.....do not submit the above.

 

Quote

Use of my personal address as well as mention of my wife in the particulars of the claim I believe makes the claim invalid.  My wife (S xxxx) is not a Director of the company is not responsible for financial matters of the company.

 

Where in their particulars does it state that I cant see it ?

Whos names are actually on the claim form as defendants ?

 

 

.

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AndyOrch

AndyOrch

Posted
Posted

And address ?  you seem to be adding a lot of information to a woefully lacking particulars that fails to comply with CPR 16.Do not give information that the claimant has not stated within its particulars.

  • I agree 1

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

If you are not named as a defendant in the defendants address box its irrelevant what/who is named in their particulars. The defence response should be from your husband only as named defendant and respond to their particulars as alleged and only what they have alleged.

  • Like 1

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Particulars of claim for reference only

 

On 15th March it was agreed by Mr XXXXXX and Mrs XXXXXXXX that they would make payments of £100 per month to the outstanding account.  This was done over the next 3 months.  The last payment received was 03/06/2021.  I was then advised by myself that the company was being shutdown and the assets were being sold off.  When the account was was opened both Mr XXXXXX and  Mr XXXXXXXX director guaranteed the account if the company could not.

 

########Defence#######

 

1.I  Mr XXXXXXX the defendant in this claim contend that the particulars of claim vague and are generic in nature and fails to comply with Practice Direction 16 of the CPR. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. The defendant notes the contents of the claimant's particulars and denies the particulars stated until such time it can verify what agreement it refers to and what the claimant's claim is in connection to.

 

4. . As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

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AndyOrch

AndyOrch

Posted
Posted

You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.

 

 

.

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AndyOrch

AndyOrch

Posted
Posted

Ive hidden your upload, it was not fully redacted can we have a copy of exhibit 8 which they refer to please.(redacted)

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted
Quote

Just completed the N180 form do I email it to the same place as the defence.

ccbcaq@hmcts.gsi.gov.uk.

 

You should note the date by which this questionnaire must be returned and the name of the court it should be returned to since this may be different from the court where the proceedings were issued.

 

Andy

We could do with some help from you.

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  • 3 months later...
AndyOrch

AndyOrch

Posted
Posted

Plenty of time then to prepare your statement and disclosures (evidence) hopefully what date must you exchange by ?

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Ahhh okay so you have yet to receive your Notice of Allocation N157.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Only 11 months ...good job they are not claiming section 69 interest up until judgment :wink:

 

 

 

.

We could do with some help from you.

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  • 11 months later...
AndyOrch

AndyOrch

Posted
Posted

The details of the video link should be detailed in the N157 Notice of Allocation.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted
13 hours ago, persha50 said:

Thanks will be on Teams.  Any advice on what to do/not to do? Stick to your defence/statement/argument

Getting a bit nervous.  Will I be able to speak on behalf of my husband, he will be there as well so can answer question if needed. No, he is the defendant you can't speak or act for him.

 

 

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

Hearing vacated and/or claim dismissed?

 

 

.

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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