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By honeybee13 · Posted
If you click on the words 'subject access request' in your post or mine, you can go through to another page with more information. HB -
Thank you for your reply. Do you think I should see wait and see what my bank says tomorrow? I’ve never heard of a subject access request. -
By BankFodder · Posted
I suggest that you start off by sending Zipcar a subject access request in order to get everything, including telephone calls and any other information they have value and this vehicle. If you are confident of your position then you could see them in the County Court to get your money back. There justification for not providing you with a VAT invoice is not acceptable -
OMG - in the WS they have evidenced the list of payments recd for all vehicles for all 3 dates and our car reg isnt there - How can it not be? I have proof we paid via the app. Ive even double checked on the app that I had put the right car park code in, and I did. Plus Ive evidenced the payments in the bank statements. They are trying to use this to prove we didnt pay. They are being very naughty or completely stupid. If it was paid via the app then it wouldnt list the car park parking machine would it, so where are all the payments from the 'pay by phone' app received that day. Strange that!! Gosh Im so anxious today about it all. Im off to read some successes to try and cheer myself up -
By Assistance seeker · Posted
Thank you after today you can bring your blood pressure back down I know I have been hard work sorry when spoke to the clerk yesterday I stayed about the email and telephone number having to lodge the clerk says we already have them on file for you but will send them to that email address also just to tick that box very last thing before you rest filing the motion is there a form for this I see what I have to state but how does this get “filed” do I add it to defences or does the clerk do this or is it a form
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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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