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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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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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      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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DFS Supreme Sofas Peeling


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We purchased 2 Supreme leather sofas from DFS in November 2016, and within 12 months the painted coating on the leather had removed from several areas at the seams, mostly on the side of the seats which are seldom used or areas that do not come into contact with the person sitting on them. We reported the problem to DFS and they sent out a DFS manager whom cleaned the areas and repainted them with touch up paint. The workmanship was very poor, the colour of the paint was not the same shade and the repair lasted no more than 5 weeks before it had worn off.

The problem with the painted coating coming off has progressively got worse and now we have the paint peeling off one of the head rests. As the 2 year guarantee is up this November we contacted DFS again to come and see the problem.

To keep this story short DFS has said that the painted coating on the seams is due to abrasion and the leather peeling on the headrest is from oils/grease from the scalp. After several telephone calls, emails and letters requesting a refund (reasoning that leather shouldn’t wear that quickly in these areas and not being fit for purpose if you put your head on the head rest), the current position is that DFS are saying that my rights to a refund or replacement ceased after I had these sofas 30 days, but they would come out and touch-up the paint as a goodwill gesture.

We have since gone back to DFS and offered them an opportunity to repair the sofas, but with the following guarantees;

  1. The work is carried out by a professional repair person, as the repair carried out previously was unacceptable (different shade, poor, and lasted approximately 5 weeks)
  2. The paint/dye is mixed to correctly match the colour/shade of our Sofas.
  3. The paint/dye is applied in the required number of coats to the correct thickness.
  4. The repair areas are sealed after coating.
  5. The repairs are guaranteed for a minimum of 1 year and any other areas of the Sofas that show similar signs of peeling in the next 3 years will also be repaired free of charge to the same standard.

Early indications are that they are not going to agree to this and also not give me any guarantees.

Since researching leather finishes I have discovered that these sofas are pigmented leather (painted and lacquered) and that oils from the scalp can cause peeling. As putting your head on the headrest is a natural thing to do and as I was never told this when I purchased the sofas, can I request a refund or replacement under them being not fit for purpose? The sofas have been cleaned exactly to DFS’s requirements (dry wipe once a week and a 6 monthly clean with the leather cleaning kit supplied by DFS.

If DFS are not going to budge on their goodwill gesture, I would like to take this further and I am prepared to take it through the small claims card, but I am not sure if I have a case. Does anyone have more details on similar cases that have successfully gone through the small claims courts that I could cite in further correspondence to DFS?

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