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.
      • 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
      • 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

Amazon faulty laptop from USA - issing court claim under CRA


nuclearshark
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1851 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

The courts directions should specifically state that either party that does not comply with directions will have their claim/defence struck out...save yourself £255 and push the court to impose their own sanctions.

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

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

save yourself £255 and push the court to impose their own sanctions.

 

I do qualify for Help with Fees so this isn't too much of an issue if it would save time.

 

I have now just sent the Court an email informally asking them to impose their own sanctions from the order and strike the defence out.

 

I'll keep an eye on my email and post the outcome.

This is how I spend most of my life :ranger:

Link to post
Share on other sites

An application could involve an hearing.....they may fight it....further costs..the court may allow them more time...too risky.

 

Let the court impose it of their own volition ...not yours.

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

  • 3 weeks later...

Ok just had an update. It appears the court have not applied sanctions at all and instead have chosen to do an Unless Order (N34) giving the defendant until 16:00 on 29/06/2018 to file their WS.

 

Is it just me or is that overly lenient? Their WS is currently almost 1 month late.

 

Should I just accept this or is it worth speaking to the court again?

This is how I spend most of my life :ranger:

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'm glad it's not just me who see's this as lenient.

 

I have done some reading and found various examples in the High Court about failure to serve witness statements on time and the consequences...

 

29th June is less than 2 weeks before the date of the hearing... So it's likely that Amazon's sols will file now. I think the DJ knows this too but it goes to show the blatant disregard Amazon have for the process and the case.

 

But then I also see it another way, maybe the order was made this way as the DJ actually wants to hear the case and see what Amazon and their sols have to say for themselves.

 

I'll update the thread once I have / if I have their WS

This is how I spend most of my life :ranger:

Link to post
Share on other sites

Does the order state it will be struck out without further notice if they fail to file and serve by 16:00 on 29/06/2018 ?

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

Phone at the ready then for 16:00 on 29/06/2018

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

...and I've just received their witness statement 1 day short of 5 weeks late...

 

Looks like this is going to trial after all.

 

Further to the Order of District Judge dated 7 June 2018, we enclose the witness statement of of this firm, instructed by the Defendant, ASE.

 

As is confirmed in the statement of , the evidence on which our client intends to rely at the hearing on 10 July 2018 at 10:30am is exhibited to the Defence dated 19 December 2017, which was filed at Court on 20 December 2017. Accordingly, our client did not intend to file witness evidence, or any further documentation. For completeness, however, and in light of the Courts order of 7 June 2018, we enclose the witness statement of which confirms the position, and has been filed at Court today.

 

My emphasis in red. This just about says it all. They don't explain why they didn't file a WS. No mention of anything I had written in my witness statement.

 

1) I am an Associate employed by Eversheds Sutherland (International) LLP, solicitors for the Defendant and have conduct of this matter dubject to the supervision of my principals.

 

2) I am duly authorised by the Defendant to make this witness statement on its behalf and I set out the facts herein from information acquired by me whilst acting in my capacity and from information provided to me by the Defendant.

 

3) I make this witness statement in support of the Defendant's Defence dated 19 December 2017 and further to the Court's order of 7 June 2018

 

4) All definitions contained within the Defence continue to have the same meaning in this witness statement.

 

Background

 

5) The Claim Form was issued on 17 November 2017, and the Defendant's Defence dated 19 December 2017 was accordingly filed on 20 December 2017. It is the Defendant's understanding that the Claimant is allegedly claiming 2,436.10 for an allegedly faulty item, which he purchased from a third party seller on the Marketplace of the Website.

 

6) As set out in the Defence filed on 20 December 2017, the Claim Form and all allegations contained therein are denied by the Defendant for the reasons set out in the Defence.

 

7) On 21 June 2018, Eversheds Sutherland received the Order made by District Judge dated 7 June 2018, which ordered the Defendant to send to the Court and to the Claimant the witness statements and documents, as ordered in the Order dated 11 April 2018.

 

8) In Summary, the Defendant's position is that it is not the correct defendant to this Claim, as set out in the paragraphs 6-10 of the Defence. Furthermore, and for the reasons set out in the Defence, any claim should be brought against HIDevolution UK, and not the Defendant, as the Defendant is not a party to the contract for the sale / purchase of the Goods which are the subject matter of this Claim. The Defendant therefore denies all liability to the Claimant.

 

9) The Defendant confirms that the evidence on which it intends to rely at the hearing listed on 10 July 2018 is as set out in and exhibited to its Defence. For completeness, a copy of the Defence and its exhibits is at exhibit to this statement.

 

10) In summary, the evidence on which the Defendant relies is as follows:

 

10.1) The Terms (please see pages 2-9 of the Defence Exhibit);

 

10.2) The Claimant's order summary, which confirms that the Claimant entered into the contract for the sale and purchase of the Goods with the Seller, and not the Defendant (page 11 of the Defence Exhibit);

 

10.3) The "About Marketplace Returns and Refunds" help-page (Pages 12-15 of the Defence Exhibit);

 

10.4) The A-to-Z Claim conditions (pages 16-17 of the Defence Exhibit); and

 

10.5) Correspondence between the Claimant, Amazon, and the Seller (pages 18-23 of the Defence Exhibit ).

 

Statement of Truth

This is how I spend most of my life :ranger:

Link to post
Share on other sites

If you submitted through MCOL Northampton...simply state the claim number in your application and as follows....

 

Complete the N244 Application Notice, with appropriate Court fee

 

ask for the Defendant's name to be amended, and

re-service of the claim form to be dispensed with at it was validly served at the correct address, and

ask for it ex parte (without a hearing)

On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with."

 

On the second page insert:

 

A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.

Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.

Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is included in this application.

 

We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

Did you do the above ?

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

Okay......

 

So what are they referring to in the statement about the wrong name ?

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

This was an order placed on their website, but was for an Amazon Marketplace item. Amazon believe they are not responsible and that I should be claiming against the seller. The problem is they allowed the seller to masquerade as a UK company with the name "HIDevolution UK" but no such company exists. I later found this was a US company where CRA 2015 doesn't have jurisdiction. So I claimed against Amazon for allowing a contract of sale to be misrepresented and for failure to apply their own policies.

This is how I spend most of my life :ranger:

Link to post
Share on other sites

Right Im with you...so they proceed to acknowledge service and submit a defence and now submit a witness statement denying any involvement but not offering any evidence in support of their defence.

 

If they are to be believed and hope a court will go along with their defence...as they being the wrong entity..the normal process would have been to make application to strike out your claim on those grounds and request summary judgment against you.......and yet they have failed to do this ...mmmmm?

 

I will run through your thread tomorrow with fresh eyes .

 

 

Andy

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

  • 2 weeks later...
  • 1 month later...

Responding to your PM NS

 

Have you received anything further from the court or defendant since your last posting ?

 

Andy

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

Responding to your PM NS

 

Have you received anything further from the court or defendant since your last posting ?

 

Andy

 

Hi Andy,

 

No I haven't. I called the court on Friday to make sure the case was still going ahead as it was vacated at the last minute in July and I was advised it was still going ahead.

 

No correspondence from Amazon or their solicitors either

This is how I spend most of my life :ranger:

Link to post
Share on other sites

Simply be prepared then and have all your documents to hand and ready to refer to.....there is nothing further to add advice wise.

 

Best of luck...let us know how you get on...good or bad.

 

 

Andy

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

Update on this. The case was dismissed on a contractual law point that Amazon was not a party to the contract.

 

I'm slightly disappointed that the conduct of Amazon by not responding to the Orders and Pre Action Protocol was not mentioned. The Solicitor who wrote the witness statement did not attend but this was not raised either.

 

However the judge did offer some remarks in her judgement. She believed that any replacement item supplied by a market place seller would reset the 90 day clock for the Amazon A-Z guarentee. She also thought that although the seller was pretending to be a UK company that she was unable to do much about this. She was also "frustrated for the claimant" that this whole event has happened and various misunderstandings took place. Then went on to reassure me that I could not have done more.

 

Moving forward the judge advised me that I should file proceedings against HI Devolution, the market place seller themselves. She believes as I am in the UK, as they were selling goods on a UK website and pretending to be a UK company, that they accepted jurisdiction of UK Law.

 

So I have today sent of another LBA to HI Devolution and also emailed them a copy on their ticket system. I doubt I'll get a reply. I have also contacted Amazon again and requested what terms and conditions the seller is bound by and whether they have accepted UK Jurisdiction in their agreements or not.

 

On a side note I do want to sau I thought that Salisbury Law Courts accommodated my disability perfectly, they could not have been more helpful. The Judge requested that the Usher show me the inside of the court room and explain the process before the start of the hearing. Also showed me where the toilets were. The Usher also asked if she wanted me to sit in and act as a "go between" incase I needed to excuse myself from the room. I declined this. During the hearing which went on for about 90 minutes, I needed to excuse myself 50 minutes in and it was as if nothing happened.

 

Amazon also did not seek any costs.

This is how I spend most of my life :ranger:

Link to post
Share on other sites

Frustrated with the claimant ? Surely defendant.

 

Andy

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

She was also "frustrated for the claimant" that this whole event has happened and various misunderstandings took place. Then went on to reassure me that I could not have done more.

 

Frustrated with the claimant ? Surely defendant.

 

Andy

 

"frustrated for the claimant". So, “for” : claimant is correct

Link to post
Share on other sites

I've had an email from the distributor this afternoon. They are willing to pay the delivery fee of £91.10 but are now expecting any repairs to be paid for as the product is out of warranty.

 

They also stated that physical damage and defects are not covered under any warranty at all whether expired or not.

 

I wrote to them and gave them 14 days to respond, but as they have now responded in an unsatisfactory manner (Saw that coming!) could I fire off the claim before those 14 days are up? Or is it best to wait until then?

This is how I spend most of my life :ranger:

Link to post
Share on other sites

  • 3 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...