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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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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      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
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Faulty laptop hard disk


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Hi all!

 

Bought a HP notebook/laptop end of December 2015. Early December 2017 (10 days approx before 2 years from purchase) it became slow, and "Bad Block" errors were logged in the event viewer. chkdsk and SeaTools were used to fix these initially however more occurred over the next 4-5 months. 92+ sectors have been found and reallocated so far. Files have been corrupted by this issue.

 

After discussions with Seagate support in May, they said that I had no warranty with them (which I knew), but if it was under warranty with these errors then they would look to replace the drive. Seagates standard OEM warranty is 3 years for their drives.

 

HP just stated the laptop was out of warranty and would not entertain any further discussion.

 

I sent a copy of the Seagate email, a copy of the SeaTools log, and screenshot showing the first Bad Block error to PC World CS, who replied (after poking with a stick as they didn't reply to my first email) stating it would be £65 to inspect the computer as out of warranty. My concern here is conflict of interest (Paying PC World to inspect for PC World to make a decision...)

 

Now I would not expect a hard disk to start failing at

 

Can PC World charge this £65 fee when claiming under CRA?

 

Any other useful tidbits re the CRA (Any important changes from the previous SOGA)?

 

Cheers!

 

ps: Our Sony Bravia that we were told by Currys would last only a year, after being repaired, is still going strong after the last battle, 6+ years on!

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I have had more than a few bad experiences with Seagate drives.

 

Every one I have ever bought has failed in roughly the time period you describe.

 

From what I can gather from people in the industry they are well known for being sub-standard.

 

I always spend the extra £10 or £20 now and go for something like WD, or sometimes even Toshiba.

 

 

I think you'll have no trouble finding evidence for their unreliability. Hope your data was safely backed up.

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Couldn't agree more with that tiger265

 

I've had loads of Seagate drives fail and now only use WD drives, in over 3 years, I've never had a single issue with any one of them, and I've even dropped them (while powered on) :shock:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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In this instance youll be onto a winner

Its outside of 6 mts so must be inspected

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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In this instance youll be onto a winner

Its outside of 6 mts so must be inspected

 

In what way onto a winner?

 

Currently in contact with a local computer repair shop who said they can inspect it, but i've yet to receive a response from KnowHow with regards to what they want the report to contain, and if I were to use KnowHows own team, if they would accept a blank drive.

 

I was hoping that based on the information already gained and provided (diags + seagate's position), and a once over in-store to check for signs of accidental/external damage would have been enough, rather than sending it off and around the country - I have read countless horror stories of items being damaged, and the then more complex challenge of getting reimbursed for that...

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Ok over 6mts since purchase if making a claim against the retailers

Then under cra you must provide a ind report which when you win you get that back too

 

Should be an easy win esp with the seagate data

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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