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    • She wouldnt be up for that and I wouldnt want her to either. She had her chance to successfully defend and she blew it so time to pay.  Apparently it's all my fault though.  Does anyone know where to find the 13 digit number she needs to make payment?    
    • Politicians are using data to plan their campaigns - and hopefully win their seats.View the full article
    • 1. sample schedule of loss - that's the official name for what you are claiming Preparing a schedule of loss for an unfair dismissal claim WWW.CITIZENSADVICE.ORG.UK Find out what to put in your schedule of loss and see an example of a schedule of loss for an unfair dismissal claim 2. 8% applies from the date of the award 3. That's what usually happens. Different rules apply if your claim is deemed vexatious. 4. "If you want to apply for a preparation time order, warn your employer you’re going  to ask for one before the hearing. At the hearing, you’ll need to write down how many hours you or an unpaid adviser has spent on the case and multiply it by the hourly rate. You'll also need to give the reasons why you're asking for the order." Just keep a tally e.g.  1 May, completing form X, 30 mins 3 May, bundle prep, 2 hours  
    • Yes I would like a peaceful life without the feeling that the claimant can threaten me when they want and discontinued the claim whenever they want and this goes on and on.  This is all so confusing.  Let's see what happens. CEL might just be trying their luck and nothing happens. 
    • Andy thank you for correcting me and thank you again for posting the Court Procedure rules. It makes interesting reading- 38.4 (1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL). (2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on them. Was the delay in sending the Discontinuance notice deliberately held up to prevent Annabooo  from asking for a set aside.? It was well over the 28 days after the Discontinuance notice was received. I know that the 28 days applies after the Notice was served but could that be part of a reason to refuse CEL permission . I assume they haven't paid the Court  fee to initiate  proceedings again ?   38.7 [3]  3) The defendant shall inform the court in writing as soon as practicable whether the defendant asserts that permission is needed and, if so, whether the defendant consents to permission being granted. Has Annaboo been informed that she has the right to refuse consent ? Does she even have the right to refuse consent in this instance. I am assuming that Annaboo would prefer to refuse this resurrection on many grounds not only because she does have the right to enjoy a peaceful life.
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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.

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should be entitled to refund?


lindsay22
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my dad who is a pensioner and is disabled goes to a local shooting range once a week, he loves it. anyway he needed a new part for his rifle and went into a specialist shop where they advised him what he needed etc and he paid for the part. when he used the part it was faulty and caused a lot of smoke , other people at the club were complaining about it.

so he took it back to the shop, and they told him they would send it back to the manufactures for testing. after 3 months my dad wrote the to manufactures asking where the part was, they told him they had never received it?

so he wrote to the shop and asked for refund, as the part was faulty and they has not sent it back for testing, the other day he got a really nasty letter back saying they do not give refunds if u have changed your mind? and if he does not collect the part from the shop within 7 days, they will charge him £10 a week storage and if not collected after 4 weeks they will sell it.

can they do this?

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They can't do that: if it was bought on their advice they have a duty to replace the item with one that is suitable or to give a refund. If your dad took it back soon after purchase he also has the right to choose a refund if he prefers.

 

If they won't cooperate, and the amount involved is worthwhile, then send a letter before action and then sue them in the small claims court. You could also see if trading standards will have a word.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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thanks, he has been in touch with trading standards but they do not seem interested, i have sent a lba on his behalf which promted they letter to my dad. they have had the part nearly 4 months, and that was the first my dad had heard from them.

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