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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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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.
      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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TV failed - comet refusing to help - **RESOLVED UNDER SEC 75 from M+S Credit card**


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I have a similar problem with a Digihome TV purchased from Comet on in July this year and which recently exploded.

Comet Customer Sevices confirmed that the warranty is with Comet and not the manufacturer, and that Customer Sevices could get no instructions from the Administrators (Deloits) to deal with these issues.

 

Spoke to someone at Deloits who confirmed the above and suggested that I get someone to repair it, and get the repairer to send the bill to them to join the list of creditors. No tradesman in their right mind is going to do this with little hope of being paid!

 

Also tried the manufacturer, a Company called Vestel, who have various brands (including Servis, Celcus, Finlux, Electra), and claim to be the largest manufacturer' of TV's in Europe, but they declined to help.

 

I should be possible to lodge a claim under the Sale of Goods Act with Deloits , although if there is little or no money left then you might not get anything and it will probably take years. If you paid by Credit Card then it may also be possible to claim against the card company under the Cosumer Credit Act 1974 (Section 75).

 

I am not sure any of the above is of much help. My only other thought is that if enough disgruntled customers put pressure on the manufacturers may be they could be persuaded to intervene to rescue their reputations.

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The bank are slowly getting there act together and charge back going through with some luck

 

Last time i spoke to comet on the phone (last week) the nice chap told me i have two options

 

Option 1 i throw the product away

 

option 2 i get the product repaired and can be added on to the unsecured creditors

 

would never get money back in that case

 

he could not answer why every product was advertised as sold with manufactures warranty when it wan not

 

he did not let me finish ripping him apart as he put the phone down!!

 

On the plus side brought a laptop from curry`s a month ago it went wrong this week took it back changed it straight away

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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if a card was involved then use chargeback or section 75

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Managed to get my Digihome TV repaired by a local trader and have now, after a struggle, recovered cost from Credit Card Co.(M&S Bank) under Sec 75, as purchase was outside chargeback period. Presumably M&S will try to recover payout from Comet Administrator.

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