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      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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    • 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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Perth Sheriff Court tomorrow - Clydesdale 2nd Hearing


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Hi guys,

 

Im in court tomorrow for my second hearing against the Clydesdale bank and just wanted to check my legal standing.

 

My first hearing ended with the judge given 4 weeks for myself and the clydesdale to settle, and also for me to come back in response to the clydesdales defense (basically their terms and conditions state the fees that were applied).

 

I just want to check my legal stand point.

 

I am going to go back and argue that the excesive fees are in breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts), and that they are not proportional to the actual fees that they have incurred.

 

Can anyone else advise me of any other laws that I can quote?

 

Thanks

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kaiser_solsay did you have to go to court or did the money suddenly appear in your back account?

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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  • 2 weeks later...

Hi there,

 

Received a cheque tody for £1,563.00 instead of the full £2,220.00 I was claiming for. They stated in their lettle that the interest I have included is only vaild from the date that I served the summons onto the Clydesdale.

 

I have drafted a letter and will be rejecting this offer and going for the full amount.

 

3rd hearing date is the 2nd March.

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