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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.

      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

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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.

Urgent Help Required - Court Case Monday ***WON***

KerryCarlton
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KerryCarlton

KerryCarlton

Posted
Posted

Wondered if anyone could help me at the last minute as I am in a major panic. I sent in my court bundle- both a copy to the Yorkshire Bank and the courts on time but have recieved no bundle from the bank. The court case is Monday morning at 10am and I have had not one single offer or letter regarding this case since the first standard letter they sent me over 3 months ago.

 

I have just returned from holiday hoping to recieve some kind of offer in the post on my return but they have sent nothing. As both the banks and courts are closed now over the weekend and my case is first thing monday morning I do not know what to do. Looks like I am going to have to attend the court with my bundle and hope they do not turn up to defend. Any help anyone can offer will be great.

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Gogivit

Gogivit

Posted
Posted

If you have not received nothing from them do not worry. I appreciate it is easy for me to say do not panick but I estimate that when they do attend it is equivelent to 1 in 3000 so be assured you will more than likely be alone with the judge.

 

Prepare all your paperwork so that it is easy to locate.

 

For me personally, I want the bank to turn up and defend their claim. I will make sure personally they do not leave the court until they have left a copy of CYNthesys!:D

 

Also note that if you are claiming in the small claims court then the procedure is like attending a job interview. Just be courteous to the judge and you will be fine.

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twoofus

twoofus

Posted
Posted

Yeah, echoing Gogivit you'll probably be there alone, how can the bank turn up when they haven't complied with the Judges directions and submitted a bundle.

 

Stay strong, you are so close and good luck in the morning (not that you'll need it).

 

Let us all know how it goes :D

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Josie8

Josie8

Posted
Posted
Yeah, echoing Gogivit you'll probably be there alone, how can the bank turn up when they haven't complied with the Judges directions and submitted a bundle.

 

Stay strong, you are so close and good luck in the morning (not that you'll need it).

 

Let us all know how it goes :D

 

From personal experience I know that the big companies & to lawyers etc get away with a lot with the Courts.

 

On three occasions I was given my opponents bundle just minutes before going in and only on one of the three times was I given 3 hours to read it before trial started ( I did win though)........so don't be too suprised if they do turn up, give you bundle and judge allows it in.

 

However I would think it is more likely that they will not turn up but take care when you do go in before judge that if he asks you if you believed you breached contract with the bank by bouncing cheques etc that you say YES not NO like Kev did in the LLoyds case fiasco.

 

Have you pm'd one of the mods to get them to give some tips for presenting it to the judge??

 

But don't worry - the judge should be helpful to you as you are a LIP and may as in majority of cases where the banks don't turn up give you judgement by default

 

Good Luck anyway

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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caro

caro

Posted
Posted

This may help.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

If they turn up with a bundle (which I doubt), and you really don't want to proceed, ask the judge if you can have an adjournment. As a litigant in person you will need time to read and digest the bundle, so that will give you a bit of breathing space to prepare. I think it unlikely to happen though.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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KerryCarlton

KerryCarlton

Posted
  • Author
Posted

Court case was 10am and at 9.30am I recieved a special delivery through the post - a nice cheque for £1800 which I banked immediately so never had to go to the dreaded court room!!! Talk about leaving it to the last minute. So a great result thanks for all the advice and support you guys and good luck with future claims - Im gonna go for the Halifax now!

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caro

caro

Posted
Posted

Hope you let the court know.

 

Congratulations by the way.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Josie8

Josie8

Posted
Posted

Congratulations ! And good luck with your next one..................:p :p

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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TheNorthernWarrior

TheNorthernWarrior

Posted
Posted
From personal experience I know that the big companies & to lawyers etc get away with a lot with the Courts.

 

On three occasions I was given my opponents bundle just minutes before going in and only on one of the three times was I given 3 hours to read it before trial started ( I did win though)........so don't be too suprised if they do turn up, give you bundle and judge allows it in.

 

However I would think it is more likely that they will not turn up but take care when you do go in before judge that if he asks you if you believed you breached contract with the bank by bouncing cheques etc that you say YES not NO like Kev did in the LLoyds case fiasco.

 

Have you pm'd one of the mods to get them to give some tips for presenting it to the judge??

 

But don't worry - the judge should be helpful to you as you are a LIP and may as in majority of cases where the banks don't turn up give you judgement by default

 

Good Luck anyway

My court date is looming and i am sending off my court bundle now, but if i am asked if i breached contract and i say YES, do i just say that it's the charges that i find unlawful?

nervous.

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Josie8

Josie8

Posted
Posted

Great news................congrats!:D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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