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By BankFodder · Posted
I agree completely. It was an extremely disappointing result and frankly by simply refusing to accept other evidence – especially considering the unreasonable behaviour of the defendants in refusing to disclose the contractual term – I think the judge didn't fully comply with CPR 1– the overriding objective – which is that justice has to be done. As far as I can gather, the only reason this case was lost is only because it was predicated on the wrong arguments – and that those arguments were based on the defence and on evidence which the defence refused to disclose until the very last moment. Basically we were tricked. I'm going to say now, that it's also extended disappointing that the OP hasn't come back and given us more information – especially given the amount of help that we provided over a long period of time -
Thank you! Will get on the research now. -
By honeybee13 · Posted
You've already done a defence, it happens when you acknowledge service of the claim. What you need now is a witness statement (WS). There are lots of examples here, have a look at some of the more recent cases in our Successes forum. Any case that went to court should have a WS, you could look for ones involving CEL or lack of photographic evidence. HB -
Hi all, Just an update: I’ve received notice that the case with DCB Legal has been allocated to the Small Claims Track, with a hearing scheduled for December 3, 2025. They have until November 5, 2025, to pay the trial fee and submit their application documents. I assume now is the time to start preparing my defence for the hearing? Any advice on what steps I should take or key points to focus on, especially given they’ve provided no photographic evidence? I’d really appreciate your guidance! Thanks
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Still having issues. The garage said they will pay for clutch and to this date they still haven’t and are ignoring all communication. Now just before month 5 the gear synchro has got issues going into 4th gear. i know I can’t get garage to pay for it but they clearly lied to me about paying for the clutch as 5 months in and no payment to garage. What shall I do now? Gearbox is going to cost me about 1500£
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Our picks
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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
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Big Motoring World,
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
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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-
- 162 replies
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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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