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    • 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.  

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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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    • 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.
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      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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Avon


doompixie

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I have some uncleared debt with Avon, and I'm currently on a payment plan with them. The problem is that they are very poor with communication. They supplied me with one giro payment slip, which got severely battered and has now been lost. Fortunately I found some extra ones lying around with the Avon stuff I have left, but I'm not even sure this pays to the right department.

I don't know when I'm supposed to be making payments, I'm running out of ways to make my payments and I only get contact from Avon when my payments are late.

 

I called them today and they said they won't issue statements or send me a new giro slip. I have to make payments via phone (not possible as my overdraft is being payed off) or postal order... sent to where I have no idea.

 

Do I have a right to claim statements etc? I'm finding it very difficult to keep on track with this payment plan and the girl I spoke to earlier was no help, and obviously not willing to give help. :confused:

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I'd write a letter to their Head Office outlining your situation, with a request for another giro slip and an everyday written contact address that payment can be sent to. Remind them that it's in their interest to make payment easy for you.

Include with the letter a Subject Access Request (it's in the templates section) and a cheque for £10. This legally entitles you to copies of everything they have on record about you, your account and their handling of it, within 40days of receipt. Send it Special Delivery (the one where you have to sign to receive it) and sit back. If they do not reply within those 40 days you may report them to the Information Commissioner for an infraction of the Data Protection Act. At the least they won't respond. At best you'll get everything, statements, payment instructions, the lot.

Update here when you get a response from them and someone'll be along to advise further.

-----

Click the scales if I've been useful! :)

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