Jump to content


  • Tweets

  • Posts

    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
  • 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

Mobile phone sent back to wrong address


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2302 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

I have sent my mobile phone to a shop in Nottingham to be repaired, and they have sent it back to the wrong address ,

 

the bloke is claiming that is address that i sent him,

which is total .. as the address it was sent back to is 400 miles away,

he has said theres nothing he can do,

is this right ?

Link to post
Share on other sites

i sent the phone to him as he has a shop which repairs phones,

he has had the phone for 3 months now,

 

i have kept emailing him to ask when is it going to be returned,

and he keeps fobbing me of,

 

then eventually he gave me a tracking number which when i checked it was delivered from the EVESHAM ,

Im down in Kent

Link to post
Share on other sites

How did you communicate your address to him? Was on the phone or was it in writing? Do you have a record of what information you provided to him?

Link to post
Share on other sites

Hmmm, that's unhelpful. I suppose that you enclosed a note with the phone but you haven't kept any copy of it.

 

Well of course you can complain and if you end up in the County Court, my betting is that a judge will prefer your version to the repairers version. Probably better than 80% chance that you would win.

 

Is the repairer prepared to give you the address to which he sent it?

 

I suppose that you are dealing with the repairer on the phone – but you aren't keeping any evidence of those calls either.

 

Read our customer services guide and implement the advice there. Then try to have some – gentle and not-angry phone conversations with the repairer and see what information you can get out of him while you are recording the call.

 

It will be interesting if he refuses to give you the address to which he sent the phone. But make sure you have implemented our customer services guide first.

 

Then come back here

Link to post
Share on other sites

Incidentally, to be clear, the point of discovering the destination address is to see whether the occupier of that address had any other business with your repairer. It would be extremely helpful to have some evidence that the repairer also had business with that person and then when sending off your phone accidentally put that other customers address.

 

Also, how was the telephone sent? Presumably it was sent by tracked insured post. Was it sent with your name on the label to the wrong address or was it sent with somebody else's name on the label?

 

I should do some gentle probing on the telephone to see what you can find out – but after you have implemented our customer services guide

Link to post
Share on other sites

Hi I have been emailing the repairer and he has given me the address of where it was sent and the persons name comes up on the tracking number he has provided,

 

if I take it to a small claims does he have to repay the costs of the claim if I win,

and should I send him any kind of pre warning that I'm going to do it ?

Link to post
Share on other sites

i know this sounds silly but..........have you contact the person that got your phone?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i know this sounds silly but..........have you contact the person that got your phone?

He has only just gave me the address and when I asked for a phone he reckons all he had was a postal address but yes I guess I'm going to have to write to that address and see

Link to post
Share on other sites

In the first instance ask the recipient to send the phone back to the shop.

 

The shop should reimburse them for doing this so tell the shop that is what you expect.

 

If either party says they wont (or the recipient ignores you (put your email addy in your letter so you can request they keep you informed) then your argument is still with the shop and they ahve to sort out the mess.

Yes, you can sue them if they cant make good but give them a chance first

Link to post
Share on other sites

If the details show that it was addressed to a person of a different name so that not only was the address wrong but so was the name then it beggars belief that you gave those details.

 

If that's the information that you have and that it was addressed to a different person than I think that you have absolutely no difficulty in forcing a claim if you need to.

 

I'm not sure that you have told us what the value of this telephone is

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...