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    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
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Rejecting Sofa From SCS


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We've just had two sofas delivered on Tuesday afternoon but hav dinky got around to examining them thoroughly in daylight today, what we've found are two different shades of light and dark patches on our Sofas, the sofas in quaerion are in a charcoal herringbone material.

 

Now what I want to know is can I reject them without having to wait for a technician to come round and examine them like they suggested when I rang the store today,my main concern with that is that would take us past the 14 day deadline?

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In fact under the Consumer Rights Act, you have a 30 day deadline in which to assert your short-term right to reject. The assumption is that there is a defect which was there at the time of sale and by rejecting the goods within the first 30 days, you are entitled to a replacement or full refund at your option.

 

In any event, even under your 14 day deadline, I would assert the rejection by putting it in writing and sending it to them recorded delivery.

 

In a separate envelope assert your short-term right to reject under the Consumer Rights Act and say that you want a refund or replacement – you choose.

 

I suggest that you enclose photographs if you can of the problem.

 

Of course although you are asserting these rights, the difficulty may be in getting the supplier to accept the rejection. However, the most important thing is to get the rejections in within the deadlines and in writing.

 

After that if you get any difficulties come back here

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  • 3 months later...

Another update on our current plight .

 

We exchanged the above faulty sofa for one of their Laxy Boy sofas which costs us a further £500,

this was deceived at the end of May and low and behold this one was also faulty with numerous faults

 

 

the main one being a tear at the rear of one of the sofas when it was delivered.

We immediately rejected the sale again and a technician came out two weeks ago and said the the fault could be repaired but we've rejected this.

 

Their head office called last week trying to fob me off with a repair

I stuck to my guns in refusing a repair and they said they would contact the store we purchased it from.

 

 

Fast forward to the here and now

we've been up to our local store and the manager said we could choose another one from the leather range as we had no confidence in the fabric sofas, he said that he'd have a word with his regional manager and see if they could pay the difference to.

 

I received a call the following day saying the regional manager was prepared to put £250 to the costs of an upgrade ( the total costs would be an extra £1000 )

we've declined this offer and said either they pay the outstanding difference or we'll have a full refund of the deposit of £700 and cancel the credit agreement for the rest.

 

 

We're now awaiting a decision

to be quite honest we just want a refund even though this will mean we'll be without a sofa ( And I'm recovering from major surgery in a full leg cast ) whilst we locate another.

 

 

My question is

how long would it take for our contract to be cancelled so we can finance another,

I've heard some horror stories of people having to wait until it goes to the small claims court before they see a refund?

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