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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Damaged underwater camera


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Hi all

I have bought fujifilm finepix x90 from Curry's in April.

Camera meant to be water resistant up to 15m.

 

I took it on holidays and first day was working fine.

Second day as well.

 

On third day I took it for another snorkelling trip..

I went to water first time that day and all was working perfect.

I have made another attempt after 1 hour.

 

While I was snorkelling water just suddenly got inside.

Camera is damaged fully now

 

when I went to Curry's they said they can't fix it or repair it and told me to contact Fuji.

I used camera accordingly to instructions and I'm actually surprised that they won't fix it as I was checking all the time if cover is closed.

 

Could anyone give me any advice as if they are right or not and should I contact Fuji or Curry's again?

I haven't had that kind of situation before where retailer didn't accept product and sent me straight to supplier.

Any advice would be greatly appreciated

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This is Currys fob-off routine. Currys are responsible - but they will try to allege that you caused the leak by neglect.

what camera is it?

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The woman in shop said that cause I haven't bought additional insurance they cannot do anything.

 

She would say that, wouldn't she.

 

It's an underwater camera. It is meant to be safe underwater, so shouldn't need additional insurance in case it is taken underwater.

 

If you have used it according to the instructions (be prepared for them to claim otherwise.......) then it isn't fit for purpose. Your claim is against the retailer no matter how much they try to palm you off to the manufacturer.

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spoken to my partner who works for knowhow.

get the store to book it with fuji for repair, it won't cost anything to send. write a statement of how you were using it, where etc etc and get them to send it with the camera inc your contact details.

normally manufacture will email the store with pre paid labels or send a courier.

however if the manufacturer disagrees with your claims of correct usage, there may be a charge to get it back repaired or unrepaired.

the store can pay the charge but they wont want to as it comes off the management bonus (which is from the profits of the store).

either way it wont cost the store or you anything to send it off. you may have a fight on your hands if fuji's reapir team sends back a report saying it was misused or neglected. you can ask the store to escalate this matter to something called 'save our customers' by email.

apparently this department is for sorting out such matters that have come to an impasse with store/customer/repair agent.

in the mean time, scour the net and see if theres anything reported on forums such as this with complaints about the camera already. keep these as evidence.

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when I went to Curry's they said they can't fix it or repair it and told me to contact Fuji.

 

spoken to my partner who works for knowhow.

get the store to book it with fuji for repair, it won't cost anything to send. write a statement of how you were using it, where etc etc and get them to send it with the camera inc your contact details.

normally manufacture will email the store with pre paid labels or send a courier.

 

Therein lies the difference. I can't expect Curry's to do the repair / inspection themselves, but they should be taking 'ownership' of the issue, and organising the return to the manufacturer, rather than fobbing the customer off with "You (the customer) will have to sort this with Fuji, we (Curry's) are washing our hands of it"

 

This was a relative's experience with Curry's too. Ipod nano, 'froze'.

Curry's (as retailer) refused to become involved, expecting my relative to 'do all the running' with Apple.

Apple were great, and replaced the faulty ipod.

 

Our perception : Curry's were interested in sales, and not anything after-sales.

The result: we don't shop with Dixons Retail Group (even if they are a bit cheaper than the 'next' retailer - and they weren't any cheaper than buying direct from Apple, incidentally!) unless we have no other option.

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