Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Apple 4G IPad missold - Section 75 Claim - am I covered?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2209 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I bought an ipad in 2012 which was "4G" ready. My Ipad has never worked outside the home and I've barely used it since. I have now learned that these were missold by Apple and they have asked me to contact the seller) to claim under Consumer Rights laws.

 

When I bought the ipad, I also bought a cover. I used vouchers and credit card. The credit card amount is one pound under the cost of the case - I also bought the extended warranty in a separate transaction, on the credit card.

 

The seller have told me they will provide a pro ratered refund.

 

Do I have a section 75 claim with the credit card provider, on the basis that the ipad was on the same receipt as the case?

 

Without the case, the ipad cost would have been covered by the vouchers, however I would have bought the case with vouchers anyway, leaving the same amount to have been paid on the credit card if I had bought the ipad seperately.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 

Thanks Andy,

 

I have read that but it doesn't answer my question - can you point me to the relevant part in case I've missed something?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Ring your Credit Card provider and explain...see what they advise...but I would assume you could claim the full amount.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 8 months later...

Hi Craig,

 

so sorry - I did not receive notification of your reply.

 

Yes, the 4g sims don't work as the ipad is on a different 4g spectrum (USA spectrum) so it will not work at all with a UK 4G sim

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

You say it was mis-sold by Apple. Did you buy it from Apple?.

 

Around 2012 some of the Apple devices were sold with 4G.

However, most of the 4G bands on those devices were in use outside of the U.K.

 

Some of the “U.K. bands” were in use by some U.K. networks in some areas. (That is a lot of “some’s”, but I’m trying to truthful, if imprecise!.

 

For MIS-selling you’d have to establish which retailer (Apple? One of the networks?? A third party retailer??), and which network.

 

In my experience “3” seemed particularly confused at one time over which bands their LTE (4G) was available on, where, and which iDevices worked in which bands (edit, checking back, this was late 2012, early 2013) ..... it wasn’t a sale by “3”

As the retailer, or using 3 as the network, by any chance?

 

Which variant of which model (as described in Sertings, General, About), would also be helpful, and the variant rather than just the model number (e.g. “A1430” or “A1396”) that is listed on the device’s casing, though that would help a bit....

 

You’ll also be facing the question “why wait 5 years before deciding it had been mis-sold?”, as from what you are describing, you’d have been aware pretty soon. Have you previously raised this with the retailer, and if so : what have they said?

 

Your S.75 rights against the credit card company aren’t any greater than those against the retailer : the cc company are only equally liable, not more liable - (though they sometimes chose not to fight over something the retailer is being more difficult over). This is the cc company making a commercial decision rather than them having a greater legal obligation, but it can be worth a try!

Link to post
Share on other sites

Sorry Bazza, it would bought from Argos and O2 Sims did not work.

 

I will grab the variant asap- it needs charging!

 

I guessed I would be facing that question but I was not aware it was on the wrong spectrum until now and I have had too much on deal with this. Also, I am entitled to make a claim at any time, although I am aware of the statute of limitations.

 

I guess I just need some direction on the best way forward; I am currently wring a letter to the retailer, as by card company has told me to do this first.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Sorry Bazza, it would bought from Argos and O2 Sims did not work.

 

Apple may have mis-described it, but it’d be Argos who you’d have to claim mis-sold it, and given the “you chose it, we sell it when you type the catalogue number in” : did Argos offer any information on its 4G capability over what was in the catalogue (& what did the catalogue say?!)

 

O2 now use Band 3 (1800 MHz re-purposed from 2G) and Band 1 (2100 MHz re-purposed from 3G), as well as Band 1, but back then were only offering 4G on Band 1, at 800MHz.

Link to post
Share on other sites

  • 3 weeks later...

Hi Bazza,

 

Sorry, I am not getting notifications of new messages.

 

I can't remember what it said in the catalogue, but I was sold a 4G sim card at the time (on the same receipt) which never worked.

 

I have written to Argos and they said it is down to the customer to research products and the issue was out in the public domain at the time, so it is nothing to do with them and they recommend I seek independent legal advice.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Hiya,

 

The Act has no time limit, although it is covered by the statute of limitations, meaning it cannot be enforced through the courts after 6 years.

 

I was not aware of the issue until a specific time, the device has never been used because I could not use it for its intended purpose, so it has been sitting around, and I was sold extended warranty.

 

The reasons I have not pursued until now are personal, but as far as the law is concerned, I have the right to pursue at any time.

Edited by dx100uk
quote

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

The OP can raise a claim at any time, asking to exert their rights.

They are entitled to defend the claim if it is statute barred,

which makes raising the claim pointless,

potentially at 6 years from purchase

(certainly 6 years from when the OP had actual or constructive knowledge of the claim arising).

Edited by dx100uk
quote
Link to post
Share on other sites

  • 3 weeks later...

Thanks BazzaS.

 

I was not aware of this until May last year!

 

Argos are refusing to speak to me directly and keep saying they will only speak to my solicitor.

 

I have no other option now than to send prelims and enter a claim - does nay have any templates for Particulars of Claims I can use for this sort of thing?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

Argos are refusing to speak to me directly and keep saying they will only speak to my solicitor.

 

Do you have (or have they told them you have) a solicitor involved?.

If not, "we'll only speak to your solicitor" is a nonsense.

If so, what does your solicitor say?.

Link to post
Share on other sites

Nope, no solicitor - they just want to avoid dealing with it and know that people won't pursue if they need legal advice.

 

They have told me they are aware of the issue.

 

I have been told by Citizens Advice they should be dealing with me direct.

Edited by dx100uk
quote

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...