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BankFodder last won the day on August 8
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Well done. This shows what happens if you stand up to these bullies. They use the county court system to frighten you and not as a method of getting justice but simply as a means of debt avoidance. They are anxious to avoid any judgements against them which will then be used in future cases and so eventually they give in and settle when they know that you are sufficiently determined to go the whole distance.
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Evri lost delivery of £255 laptop
BankFodder replied to timiny74's topic in Postal and Delivery Services
Please will you post up the original in PDF format -
Evri lost delivery of £255 laptop
BankFodder replied to timiny74's topic in Postal and Delivery Services
However, keep your finger on the button because if they happen to miss the deadline then get in there and apply for the judgement -
You sent a letter of claim threatening to bring an action by a certain date if they didn't comply. They haven't complied and yet you are still now asking what you should be doing next. You should be thoroughly prepared. Your claim forms should be ready and you should be clicking the claim off immediately. By not going ahead with your threat exactly as you said you would, you are merely losing credibility. Have you registered with the MoneyClaim service and have you prepared your claim form
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Apart from the advice above, I think it will be a good idea to get to the bottom of it to make sure that any inaccurate data files are cleaned up. I would suggest that you send an SAR to LCS and also to Scottish power and see what turns up. It is completely free and depending on what is revealed, you may even have an action for a small amount of compensation for inaccurate data processing, and at the very least that kind of action will put an end to it once and for all and force them to delete any inaccurate files. Will also be able to discover who they have shared any negative information with. When you receive these messages from LCS, are they addressed to you by name?
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You aren't returning it under the distance selling regulations. Therefore no need to keep the original packaging. You are returning it because it has manifested a defect And within the first 30 days you are entitled to return it for a full refund including the cost of returning it. Make sure that you have sent them notice in writing that it is defective and that you are now asserting your right under the consumer rights act and as it has manifested a defect within 30 days, you require a full refund and reimbursement of all your expenses. Take it down immediately. Package it. Tell them that if they don't connect it within 7 days then you will be charging them a £2 per day storage fee which you will be happy to add to the small claim which you will make if they don't comply with their statutory obligations. Sent the letter off immediately. Let us know what happens in 7 days time. If they haven't complied then get ready to send a letter of claim at the expiry of 7 days. Post a draft here for us to see
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Evri lost 2 parcels approx. £600 (part 2)
BankFodder replied to jmxo's topic in Postal and Delivery Services
Follow the county court instructions -
Won't be able to claim for distress unless it is supported by doctors report and it would really have to be in the case of negligence and not contractual breach. Distress without evidence of physical damage or economic loss is really only available in cases of breaches of the data protection act. This would include things like inaccurate data processing, disclosure of confidential data blah blah blah. It's not worth continuing with the claim for a head of damage which is clearly not going to succeed. This will simply hand a psychological advantage to your opponents and incur disapproval from the court and lack of credibility. It is only worth continuing with a winning hand
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