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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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@getlaidbeds Lost item means no bed for 3 days is there any redress


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I ordered a wooden bed frame and was promised it would be delivered today so got my old one taken away before this one was due to arrive.

 

Only two of the 3 boxes arrived with the courier and there is therefore no way to build the bed until the last part gets here.

 

I live in a bungalow and have osteoarthritis so am not able to sleep on a mattress only, nor is my sofa a suitable alternative.

I am therefore having to stay in a budget hotel for the weekend as I have no friends or family in the area.

 

The couriers say they have never had the item and the company (Getlaidbeds) say it is not their fault so all they will do is refund the delivery charge.

 

As my having no bed is a consequence of the situation and Getlaidbeds are, I believe, responsible for the actions of the courier, surely I am entitled to some compensation for the costs of a reasonable place to sleep?

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they will argue that you shouldnt have got rid of the old bed until the new one was ready to install.

 

Now, getlaid beds are wrong about it not being their fault unless the couriers lost the 3rd parcel

but that doesnt mean you can claim for consequential losses unless you can show that you told them beforehand that you didnt have room for 2 beds

so it became imperative all is correct at the specified delivery time.

 

Proving that you had that conversation will be the hard bit.

 

I would be reading their T&C's about any disposal service they offer if they do such a thing.

 

That may give you a bit of room arguing about "reasonable expectations"

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Getlaidbeds are liable whether it is their fault or their couriers fault. They can't pass the buck. If I were you I would put them on notice in writing that you are terminating the contract under the Consumer Rights Act because the bed they have supplied is defective and because you are informing them within 30 days, you want a full refund.

 

Of course, don't expect them to be very enthusiastic about it.

 

The second problem is whether you can claim for the extra losses that you have suffered. It certainly is a bit tricky but I think that you have a reasonable chance of doing so. Did you put them on notice that this is what you will be doing? Did you do this in writing? I think that if you didn't tell them what the consequences of their failure was then I think that you only have a very slender chance of being compensated for your losses. On the other hand, if you made it clear to them that you were going to have to sleep in a hotel then I think you have a good chance of recovering your losses although I expect that you would need to issue court papers to do it.

 

Have you been dealing with them on the telephone or have you been dealing with this by email or writing? If you have been dealing with it on the telephone that I suppose that you haven't recorded any calls. You should certainly go and read our customer services guide and implement the advice there.

 

Do I take it that you still don't have a bed? Where you sleeping at the moment?

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I had a bed until the Friday when they (the couriers) had told me the slot for delivery of the getlaidbeds items and had already provisionally booked a man and van to clear out my room including the bed so confirmed with them after having this notification that the collection was to go ahead.

 

It was a kingsize and being replaced by a kingsize so no room for both.

 

It was not a defective bed but one that came in parts and some of them arrived.

 

I had mentioned need for a high enough bed due to bad knees but not that no bed meant no sleeping at home.

 

Today they were supposed to deliver and I was promised a call confirming...

getlaidbeds were very helpful and kept contacting the couriers and promising a call from them

but that did not happen until mid afternoon when they finally said that the order would now not be coming until tomorrow morning!

 

To say I was unhappy is an understatement.

I had been mentioning need for a call and assurances due to need for hotel over the weekend

so would hope that at least tonight may be something that could be claimed from someone..

.it is also more expensive during the week.

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