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BankFodder

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BankFodder last won the day on April 26

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  1. correct. You need to see the contract. They had an opportunity to produce it and they have chosen not to. They are well resourced and well advised and they should realise the significance of the contract. Frankly the judge was wrong to have given them a second chance to produce the contract. Without the evidence the judge had simply found in your favour and then it will be up to the other side to appeal if they wanted to. (Don't tell the judge that he was wrong)
  2. You won't be able to get a transcript. You have to apply through a transcription agency . Let us know the result and also please send me the details of the case name and number and which court by direct message and I will order the transcript for you
  3. It means that it must be possible to recognise that you were an intended beneficiary of the contract . Here you are either the person who sent the parcel in which case clearly they realise that the parcel is being sent on your behalf or you are the recipient of the parcel in which clearly the parcel is being sent for your benefit . Either way, you are clearly intended to benefit from the contract and therefore you have third-party rights
  4. Thank you. Have you done your reading about the contracts (right of third parties)? act
  5. Can you just remind us what is meant to be happening tomorrow
  6. Please can you post up the witness statement or skeleton arguement that you have filed
  7. The next step will be to send them a letter of claim and then begin a county court action . Post the draft of your letter of claim here for us to see
  8. It's up to you which company you want to tackle . I don't understand why you think Amazon has no liability . You took delivery on the 1st of may and you returned it on the 11th of may. So that means that you took advantage of the 14-day cooling off period Under the distance selling rules . In any event, it was defective and you returned it within the first 30 days And although you didn't use their prepaid system, which was not a good idea, you certainly followed the instructions on their recommendations and you used their label . The best thing for the moment is to start making parallel claims against each company but try harder with Amazon and make it clear to them that it is their liability and it is a matter for them to deal with directly with EVRi because it was their suggestion. You should understand that when you return items you should do everything you can to make sure that the company to which you are returning the item is responsible and that means that you use all of their systems. You say that you used EVRi because they were cheaper, but if you used the prepaid label then it wouldn't have cost you anything at all so I don't really understand the logic here.
  9. So you chose the courier rather than they did ? How long had you had the printer?
  10. Who made the arrangements for its return ? Was it you? Or was it Amazon? If it was Amazon and you followed their instructions on this, then it would be them who would be responsible . Why was it being returned?
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