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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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John Lewis nightmare- what are my rights?


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Here's the back story so far:

 

1. I order a washing machine from John Lewis online.

 

2. It arrives & is installed by John Lewis.

 

3. It starts leaking an hour or so after arrival. I call JL straight away & they tell me they can't refund or replace and suggest I call the manufacturer of the machine.

 

4. I call the manufacturer & they don't answer the phone for hours & it keeps getting cut off. I call back JL, they call the manufacturer for me. JL still insists upon a manufacturer's engineer visit, the next one is 8 days away.

 

5. A week later, engineer arrives at a unexpected time. He can't find anything wrong with the machine & doesn't understand why it's leaking. He can't wait 2 hours to watch it start leaking when turned on so I show him photos of the leak. He asks me if I use tablets in the drawer, I explain I don't. In fact I only use liquid capsules in the drum, he says that's fine. I explained it leaks even without detergent, so it's nothing to do with that anyway. He says he doesn't understand it. He leaves.

 

6. JL contact me to say the engineer thinks I used tablets in the drawer & that I should stop doing that then it will stop leaking. I explained I do not & it leaks even without detergent used.

 

7. JL tell me I have to arrange another engineer visit but might have to pay £90 if again no fault is found. I decline. I explain a second engineer visit won't make a difference & it isn't just about money, it's the time & hassle involved. I explain it looks like a design flaw- the water leaks under the drawer during filling up & drops down over the front of the machine after a couple of hours. JL refuse to do anything more about it.

 

8. I can't survive without a washing machine so I purchase a new washing machine from the same manufacturer from elsewhere, which works fine & doesn't leak. JL still refuse to do anything more.

 

End result: I've had to pay for 2 machines, one leaks & I'll have to sell describing the problem with it, on ebay, making a loss.

 

What are the consumer rights regarding this situation? Thanks

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Hi and Welcome to CAG

 

Thread moved to the appropriate forum..please continue to post here to your thread.

 

What date did you buy the washing machine from John Lewis ?

 

 

Andy

We could do with some help from you.

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This is extraordinary to hear this kind of story about John Lewis. This may be one of only maybe half a dozen complaints that we've ever had on this forum and all the time we've been running.

 

Maybe they've employed somebody from PC World?

 

If you want to sort out this problem, you will have to engage with this thread

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we've seen good results if you email the CEO directly.

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... 

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Thanks for the advice- yes I was surprised also, as I used to swear by JL for all my appliances albeit years ago. However, type in John Lewis into trustpilot uk and you'll see JL isn't what it used to be, it has gone down hill in the last couple of years unfortunately.

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we've seen good results if you email the CEO directly.

 

How would I find his email address? After all my conversations with John Lewis staff this year & reading trust pilot reviews I fear this is a bigger problem than a one-off & they need some drastic internal changes to return to their old ways. Perhaps I can at least get my issue resolved.

 

Maybe they've employed somebody from PC World?

 

I had the same thought- only it would seem more like an army of people from PC World.

 

Does anyone know what my legal rights are in this situation? It would be good to know for future reference.

Edited by Joe smith
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Thanks for the advice- yes I was surprised also, as I used to swear by JL for all my appliances albeit years ago. However, type in John Lewis into trustpilot uk and you'll see JL isn't what it used to be, it has gone down hill in the last couple of years unfortunately.

 

Just thought I'd share my own bad experience with JL just before christmas - buying a fridge and freezer. I too picked them for a supposed better standard of service.

 

Bought the appliances in store, and asked for the handles to be swapped so the fridge could go on the left, and freezer on the right - paid extra for that. Guy in store took down all the details nice as pie.

 

Low and behold a week later they arrive and handle is on the wrong side. On the phone with them all afternoon and they say they'll send someone round in a couple of days to do it. Couple of days later get a call from JL 'We'll be arriving with your delivery this afternoon' - eh? What delivery, I wanted the handle swapped on the fridge - 'oh we can't do that you'll have to ring JL'. To this day I don't know what they were going to deliver. Eventually after another week or so that gets sorted.

 

Then my mum goes into store, speaks with the same guy who did the initial sale about the extended warranty - JL gave us a quote at the time and said we had 30 days to accept. Guy gives her an ear bashing about having to register the product with the manufacturer (which we had done) and then when she said she wanted the JL warranty so that if there's any problems she can deal with JL rather than the german manufacturer he proceeds to tell her 'well it isn't mr john lewis who'll come and fix your fridge'.

 

So complaint lodged, bit of back and forth and they honour the original warranty quote and offer a £200 voucher... which I am still waiting for 2 months later.

 

[edit - 3 months later, just realised it's April!]

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If you can answer the question which was put in post number two at 11.44 then we may be able to give you a better idea of your rights

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Hi and Welcome to CAG

 

What date did you buy the washing machine from John Lewis ?

 

Andy

 

 

Does anyone know what my legal rights are in this situation? It would be good to know for future reference.

 

We still dont know the time frame......?

 

Here is the relevant legislation

 

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

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

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