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By honeybee13 · Posted
Hello, welcome. I'm sorry about your problems, it sounds tough. People should be along later to advise you. Best, HB -
Thank you for your message, and I want to sincerely apologise for the delay in replying. I’ve been waiting for the written judgment or decision letter to better understand the reasons why the claim was dismissed. To be honest, I left the hearing quite confused I genuinely didn’t understand how it was lost, especially after presenting everything so clearly and confidently. Even the Defendant’s representative came up to me afterwards and asked if I was a lawyer, which surprised me. I agree the refusal to accept the supporting documents (including the case I tried to submit) was really disappointing, especially given how late the defence disclosed the contract clause excluding third-party rights. I felt strongly that I had a valid argument and prepared extensively, but it was very frustrating not to be able to shift the focus of my claim in court. I think you’re absolutely right that the claim may have been based on the wrong foundation not through lack of effort, but because of how the defence delayed disclosing critical information. I now believe that a claim based on a direct contract (rather than third-party rights) might have had a better chance of success. I’m now looking into requesting the transcript of the hearing to properly understand the judge’s reasoning. Once I receive that, I’ll know whether I can consider a further claim or other next steps. Again, thank you so much for all the advice and support throughout. I genuinely appreciate the time and effort you and others have given me from the start. I’ll post a full update as soon as I have the transcript or decision in writing. -
By honeybee13 · Posted
Irish tourist jailed by Ice for months after overstaying US visit by three days: ‘Nobody is safe’ | US immigration | The Guardian WWW.THEGUARDIAN.COM Exclusive: For roughly 100 days, Thomas says he faced harsh detention conditions, despite agreeing to deportation -
I got that defence from this forum. It's the same as the defence I filed for my other claim against G24, which you guys helped me draft...?? And yes will be filing much nearer the deadline -
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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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