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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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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.

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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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