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


  • Tweets

  • Posts

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • 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
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Barclays Refused Stay - We Won Today! 07/08/07

minsters
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6147 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

MacBoy

MacBoy

Posted
Posted

Fantastic news Clubber!

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites
GuidoT

GuidoT

Posted
Posted

Clubber, the bit about a stay not even been asked for and you were contesting it, made me laugh.

 

Which court were you at please?

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites
tonycee

tonycee

Posted
Posted
th_Congratulations-1.gifth_congratulations-1.jpgth_Congratulations-1.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites
Johnsworld

Johnsworld

Posted
Posted

Going to court in an hour. Regarding opposing a stay would it be OK to write something about

 

"we do not know the exact facts of the case that the OFT are making and so the judges cannot know for certain whether it will be decisive of all the issues in claims which come before them for decision."

 

or might the judge see that as presumptuous?

 

Thanks,

John.

Link to post
Share on other sites
chrisking1962

chrisking1962

Posted
Posted

hi John,

and woa there, hold on, what ever you do DON'T rattle the Judge with that they will feel intimidated and underminded, the last thing you want to do is jepordise ANY chance you may have with the judge favoring your case.:eek:

I hope you get this before you set off.:(

Good Luck, and fingers crossed for you.:)

Let us know how you get on.

 

stay fresh peeps

 

regards

chris

Link to post
Share on other sites
Johnsworld

Johnsworld

Posted
Posted

Hi Chris,

 

No I didn't get your posting in time - but I'd already decided that it wasn't a good idea and made the same argument but with a little more subtlety - certainly not in any way that was critical of the judge.

 

I lost the argument anyway and the stay was granted.

 

More on Johnsworld v Barclays Bank.

 

Thanks for bothering though.

 

John.

Link to post
Share on other sites
chrisking1962

chrisking1962

Posted
Posted

hi john,

sorry to hear that but it's not over yet,it just means we (all of us who have been stayed:mad: ) have to waita little longer:( , if I knew how to link one of my other threads from a different post I would but I only use 1 finger from each hand to type with (I'm ambidextrus that way)lol

I have just emailed the Dept for constitutional affairs and clicked the Judges section and made an official complaint regarding the fairness of the test case and how we don't have an option yet the banks instruct and abracadabra their wish is granted, as for the FSA, FOS and The OFT where are you when we need you!.

I will let you know what occurs regarding my email ( I just hope I don't get taken away for my complaint) Quick where's mi passport???:eek:

 

keep in touch

 

stay fresh peeps

 

regards

chris

Link to post
Share on other sites
Johnsworld

Johnsworld

Posted
Posted

Hi Chris,

 

Thanks for your condolences (what's that did somebody die?).

 

I was buzzing yesterday from the tension of the court appearance and still smiling about wrongfooting the defence.

 

I took a day to let it sink in but it doesn't seem so bad. It's almost a relief to be able to forget about it for a while.

 

I tracked down your posting and see you're still in there hitting.

 

Good luck with that. I will be following your progress.

 

Thanks once again for your kind thoughts.

 

Regards,

John.

Link to post
Share on other sites
The Phantom

The Phantom

Posted
Posted
Well done and congrats!

 

I have a case coming up shortly. Could I use the post as an argument against an application to stay?

 

Check out zootscoots post with a template / ideas to remove or maybe prevent a stay (arguments to use)

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

Link to post
Share on other sites
Johnsworld

Johnsworld

Posted
Posted

I went to court with the CAG template as the basis for my opposition to a stay. I've read the template referred to in the last posting and it covers pretty much the same issues but maybe in a way a layman might set it out. If I was able to choose again I'd use the zootscoot version. Read and compare and make your choice. I didn't win but the judge did consider my arguments fairly. It was by no means a foregone conclusion.

Good luck,

John.

Link to post
Share on other sites
Audreygreeneyes

Audreygreeneyes

Posted
Posted

can you post your claim number, my claim was staye don the 6th due in court on the 7th........ have applied ofr a hearing for removal but it would really help me if I had a few case numbers to quote at the hearing............ it might also help others.. ( sorry from hsbc group) the more numbers we have the better............

 

greatly appreciate it

rockin all over the world

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...