Jump to content


  • Tweets

  • Posts

    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Like
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Choice Catalogue - Advice Needed Please


Coyote Ugly
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5567 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

Please be gentle with me (its my first post).

 

To cut a very long story short I have been a loyal customer of Choice catalogues for around 7 + years and have always kept up repayments. I have never had any complaints.

 

Back in September I ordered a Tom Tom sat nav system and some track pants. I received the track pants on the day that they were supposed to be delivered but not the sat nav system, the couriers advised me that they often deliver things separately. When I checked the online tracking system at Choice it stated that the item had been delivered and had been signed for.

 

I immediately phoned them and said that I had not received the system not did I sign for anything. Customer services were adamant that it had been delivered and asked me whether I had been out (it could have been left with the neighbours). I informed the ever so unhelpful representative that I work from home and that there would be no need for anything to have been left with my neighbours, she then told me that my enquiry would be passed to the 'investigations department'. Meanwile the £289 has been added to my bill. Days passed and I heard nothing, therefore I phoned only to be told it was still being investigated. Days later I phoned again only to be told the same thing. I phoned Choice once again yesterday and asked to speak to the 'investigations' department only to be told that I could'nt speak to anyone as the department does not accept telephone enquiries. Therefore I emailed them. I got a message back to provide signatures of all members of my household so that they can compare signatures, which I provided them with.

 

They are adamant that one of the members of my household had signed for this and that I would be liable for the bill. As I mentioned I work from home and receive many parcels but I certainly didnt sign for this one.

 

My personal belief is that the couriers have either lost the parcel or delivered it elsewhere, where the parcel was opened and a nice new sat nav was on offer on my account.

 

Please could somebody let me know where I stand and what do I do? I have proof of all the emails that I sent enquiring about what Choice are doing about tracking this parcel. After years of loyalty I feel very cheated and I certainly do not want to pay for an item that I am not in receipt of. I would obviously like to write them a letter of complaint but I really do not know what my consumer rights are?

 

As I believe that someone has signed for my parcel fraudulently do I get the police involved?

 

I would be very grateful for any advice whatsoever.

 

Thank You

 

A

Link to post
Share on other sites

It is for them to prove that it was delivered to you - not for you to prove that you have not got it (as you cannot prove a negative). It is a simple case of requring that they honour their obligations under the distance selling regs. If they refuse to deal with this, require them to provide proof that you received the item. If they cannot, then it is for them to refund you.

 

I suggest you report this to Consumer Direct.

Link to post
Share on other sites

The company i work for use's a courier company for deliverys (nice yellow van lettering in red) anyway when we have an issue like this we investigate and generally if the courier is saying there has been a delivery they email or fax over the signature used which would be why they are requesting a copy of yours.

 

However one case i worked on and its the only one i have ever come across and heard of, had 2 items delivered and signed for yet customer claimed to have received only 1. When i checked the signatures initially i thought yeah fine your at it cos they are the same, lucky for the customer i like a bit of an investigation and she seemed very genuine when i called back to inform her of my findings so i agreed to look into this further. so here i am looking at signatures and suddenly realised that they were just to perfect and identical and that 1 was slightly larger than the other (ya know like how a photocopy gets a little smaller when constanly printed) Turned out somewhere along the line that we had been sent a copy signature of the one correct item. now whether this was done by the warehouse staff or driver i will never know but just be aware people you just never know what they are doing when you expect a delivery get a consignment number and track it online it will tell you if parcel has been dispatched or in warehouse or even on the van

Link to post
Share on other sites

  • 2 months later...

I had a problem with a package I was supposed to have received but didn't. I telephoned Royal Mail in Colchester (I think it was) and was told I had signed for it and I could have a copy of the receipt for a cost?

 

I argued that just because an item had been signed for, it doesn't mean it had been delivere correctly...if at all?

 

In the end, I received a free copy of the signature not - it was unreadable just proving the point I was making. Anyone delivering any package to the incorrect address can receive any old signature

 

In my case, the supplier of the goods believed me, sent out a substitute item and claimed from the Royal Mail himself.

 

A signature proves nothing at all does it

 

Sorry I can't offer more helpful comments

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...