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I haven't heard back from Tom & Co. since my email on Friday. Surprising! In the meantime I am preparing to file my statement for good, so please find below a new version and the amendment details. I also have a few procedural questions: Do I need to attach any or all evidence at this stage? My possible evidence consists of: All my correspondence with CMS, which they have already submitted as part of their own evidence. So I don't think I need to submit the same. I have a correspondence history of me trying to claim expenses from Saudia which was like pulling teeth. Do I need to submit this to prove that I gave the defendant many chances to make things right. I think this was more relevant for the actual trial and not that much for the set aside. Opinions more than welcome. Boarding passes to prove I was travelling to Korea when they were trying to harass me. Is this necessary? Their request for a remote hearing and my response. Probably not that relevant but may as well include it if they want full correspondence. Can I claim for a return train ticket to the court and back for this hearing when I win? Can I calim for additional interest for the time Saudia have stalled my payment with their set aside rigmarole? Updated WS: Detail of changes: Added paragraph 1. Introduction 1. My name is K and I am a particular with no prior legal training or experience. This is my first appearance at a court. Added paragraph 18. filing a defense late. I am not 100% sure that this is legally correct so please do comment 18. Furthermore if the solicitor had missed the deadline by inadvertence, the correct steps to follow would have been to file their defence anyway, and the judge may have decided to proceed with the trial providing the defence was valid. Considering the defendant is a professional solicitor, requesting for an extension was a surprising – and ineffective – choice, and again I suspect that this has nothing to do with them trying to follow due process, but so that they could invoke court fees with the sole purpose of threatening me to pay for them. Added mentions to the strike out and summary judgement in paragraphs 31 and introduction Added my address in the introduction Some typos and grammar fixes, still plenty I'm sure! Some shortenings. Yes I know it's still a bit long. If @FTMDave wants to make some further cuts, now is the chance! -
same here applies as in this thread dx -
what's the debt all about OC type of credit when taken out etc. is your home jointly owed? and no they can't change the £pcm ordered by the judge. dx
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Thank you DX but what i dont get is why have they passed it over to their in house solicitors its been to court and the CCJ was issued 7 years back so the only thing that strikes me is are they going to negotiate a payment increase via the court or possibly a charging order, cant see any other reasons for transferring it, i may be missing something though -
not gone anywhere Overdales are Lowells in House Solicitor. just a diff desk, a bit further away from the bog in the call centre, with a bloke wearing a diff coloured skirt from the rest dx
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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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