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    • Hi all. Apologies for the delay. I was writing the timeline out, taking a while as I was checking everything against emails etc… then suddenly today the parcel started tracking again and appears to be magically found and back enroute.    I’ll post up the tracking info screenshots in a sec which kinda summarises the timeline - during the multiple “Enquiry Raised” events there was a lot of emails (most of which were ignored by Evri) before they finally admitted it was lost. And yet now it is back enroute. Utterly unbelievable 🤦🏻‍♂️ So no letter before claim has been drafted just yet…
    • You can SAR them again, to check.   If: a) they dealt with it as a complaint, b) stated that their response was a final response, c) noted that you could escalate it to FOS (and had 6 months in which to do so), and d) Didn’t say “we will waive our right to have to grant permission after 6 months”  Them : you can still take it to FOS but FOS would have to obtain their permission to review it outside of the 6 months (and that seems unlikely)  https://www.financial-ombudsman.org.uk/businesses/resolving-complaint/before-get-involved#:~:text=These time limits are%3A,they had cause to complain)  
    • I just checked the last email from them that I printed out.  It was directing me to a link to files as part of a data SAR (which I never called my request; they did). The email says the link would expire in 3 months.  Now my computer crashed later in 19.  I lost a lot of info. I need to check storage for old hard-drives to see if I downloaded and saved whatever info was in the link.   I have 1 other printed out email from my friend who was a broker. It was dated apx 6w after my first email to broker.  Friend was telling me what to include in a letter to compliance dept.  I don't have a printed copy of my letter - so can't remember if was entitled formal complaint - or their reply.   Will check storage later.  If I have anything useful I will post
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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24/7 Home Rescue....Breach of contract or more?


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NOT SURE IF THIS IS THE CORRECT SECTION SO MODS.,PLEASE MOVE TO CORRECT SECTION IF NEEDED.

 

A colleague at work paid a one off yearly fee of £183.48 to a company called 24/7 Home Rescue.

 

This is for cover in the event of any breakdown on boiler, plumbing, drainage, electrical, Central Heating Systems, pest control etc.

 

it is for anything to do with the home.

The benefits include No charges for parts, No charges for labour, No call out fee, unlimited call outs, unlimited claims etc.

 

Fast forward to 1 breakdown of a radiator being completely cold.

A call was made to the company and an engineer was sent out, but not before a charge of £75.00 as a "Security Payment", according to the telephonist.

 

The said fee was paid, and an engineer sent out to investigate.

The fault was with a thermostat.

The item was removed, and given to my work colleague.

 

He was told that for it to be replaced, there would be a charge for the replacement part, even though the contract clearly states, NO CHARGES FOR PARTS.

 

The colleague refused to pay for the part on the basis, his contract terms and the yearly fee paid. When he asked for the £75.00 "security payment" to be refunded, it was refused.

 

I was asked if I can help out.

My guess is that the company have broken their terms of the contract by charging a £75.00 "security payment" and then refusing to refund it, and also wanting a payment of £24.00 to replace the part.

 

Surely the yearly premium of £183.48 covers what the terms of the contract states. Am I correct?.

 

Also is this not a breach of the Misrepresentation Act 1967, by offering something then changing their mind/moving the goalposts to suit them?.

 

Are there any other laws that apply that I have missed, and is there any governing body that can step in and intervene.

 

Any help that I can give to the work colleague would be greatly appreciated.

Scan_20181117.jpg

Scan_20181117 (2).jpg

Edited by dx100uk
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Please will you post your attachments in PDF format. Multipage single file. The small print in your JPEG is as difficult to read.

 

On the basis of what you tell us, it has nothing to do with the misrepresentation act. It is a breach of contract. Simple.

 

I would suggest that you send them a letter before claim. Given 14 days or you will sue. Only make this threat if you're prepared to go with it. Don't bluff. At the expiry of 14 days, just go ahead and start your county court claim.

 

Don't muck around.

 

Use the intervening 14 days to open your free account with money claim online and to start drafting your claim – which will be extremely simple.

 

Read up the available information on this forum about bringing a small claim in the County Court to discover how easy it all is. I can imagine that they will ignore your letter before claim that once you issue the papers, they will start to take you seriously and at some point they will put their hands up.

 

If they file a defence then please will you post up your claim here and also their defence in PDF format

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get the bank to do a recharge on the grounds that this was a deposit for services that were covered by an insurance policy offered by the company.

(that is what it is in reality)

 

If the bank refuses then let them know a court claim is in the offing but also let the bank know they are in breach of the banking code and that will be off to the ombudsman, which will cost the bank as lot more just to have it considered regardless of outcome

Edited by dx100uk
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Thread title updated to include the Company Name......General Public should be aware of their practices.

 

 

Andy

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Hi

 

The date on the Plan is 09 Nov 2018 (first Image), did they follow the instructions (right of letter underneath Refer to T&C's where it says 'Important) as there are instruction they needed to follow to Validate as failure to do so can invalidate future claims? (did they do this)

 

Do you have a copy of there Terms & Conditions is so could you post them here in PDF Format

Edited by stu007

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Hi Stu007.The work colleague had no previous/existing faults when he took the policy out.Apparently,the company have tried [causing problems] a lot of customers like this.

Many thanks to all for their input.The colleague has drafted a Notice Before Action to the company.he has also asked his card issuer to refund him under the Consumer Credit Act.They have asked for a copy of his contract.

I will update as and when he gives me any more info.

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