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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
    • As the electric carmaker sees sales fall and cuts jobs, we take a closer look at its problems.View the full article
    • Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this? Every day is a school day.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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With wording for N244...

 

Case is due to be heard in just over 2 weeks. In the LL counterclaim and defense they state that we willfully caused the damage to the property over the 3 years we were there..

 

There are lies upon lies..The whole statement etc contradicts itself..Ie things have been accused then denied by LL then evidence submitted by LL which shows the accused things..

 

To cut a long story short...The copies of papers which LL sent us were not signed..Court told us to request another set which is signed..This hasnt happened.We knew LL would ignore this request.

 

I called our old Solicitor who dealt with the out of court agreement and he feels that because of all the allegations contained within LL evidence and a clear breach of the out of court agreement we entered into and clear proof of lots of things..There may be skope for them to take over the case again.

 

They told us to ask for an extension of the court date so that they may look over all of the court papers submitted and to also reopen the files so that we can disprove LL allegations.

 

They said to state this and also to state that despite 2 request LL has not sent us true copies of papers..I have the form but please help with the wording.

 

The form ask what orders are you asking the court to make and why?? Am I right in thinking Im asking for an extension?? How do I word the reasons??

 

It says what level of Judge does your hearing need? County Court??

 

Its also ask.. what information will you be relying on,in support of your applictaion?? How do I answer this?? Do I send a copy of the paperwork that has the allegations on??

 

Sorry if I come acrross as dim..I have a toddler fighting me for laptop and a Pregnant bump.

 

Thankyou in advance.CF

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just say you are applying for an extention of 14 days and give reason why.

If they have agreed to the extention you say so and include a signed consent order. signed by both parties.

you do not have to specify what level of judge as the court will allocate the appropriate level.

If you have any documents ,statements or letters you wish to rely on that is what they mean. eg a letter from your representative to say they have not had time to prepare for the case.

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just say you are applying for an extention of 14 days and give reason why.

If they have agreed to the extention you say so and include a signed consent order. signed by both parties.

you do not have to specify what level of judge as the court will allocate the appropriate level.

If you have any documents ,statements or letters you wish to rely on that is what they mean. eg a letter from your representative to say they have not had time to prepare for the case.

 

 

Thankyou for your reply..

 

We have approached our house insurance to put a claim in for Legal help...This was on the advice of our old solicitor who is the solictor employed by our insurance....

 

He said to ask for claim form and include evrything to and from the court on this claim form.We have no letters yet..Just the form from the insurers and the N244.He is not sure if they can act. He wants time to look over the files.

 

We have copied the files ready to send off.

 

Do I have to ask for 14 days?? Can I leave that up to the court for how long they allow??

 

We have not heard anything from EX LL and do not expect too. So no agreement has been made via the court.

 

Thankyou for your help CF

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  • 2 weeks later...

I don't know if anyone is interested?? lol

 

Took form into Court and the very next day we recieved an order stating EX LL had to serve true Copies of the Papers by 4pm on the ordered date..

 

ON the ordered date we received a letter from EX LL telling us they had no idea which Papers we wanted.This was in response to a request sent nearly a month previous!!

 

We called the Court and told them we had not been sent the Papers as had been ordered and the person told us the case should be adjourned..

 

I asked that it could still go ahead. She said we could still attend but the Judge had to be made aware that we did not have the requested Papers as ordered. On the order it actually says the Judge is keen for this case to be heard. Is that a standard comment?

 

Case is in a Matter of days now.I predict the EX LL will not show..He will wait till the 14 day deadline given by the Court and will appeal whatever decision was made. This is our experience and LL has proven us right every time. If there is a way of delaying LL will do it.

 

In case you were wondering.Solicitor adviced us to push for case to go ahead as LL own evidence contradicts itself

 

Basically the view is the Ex LL has proven our case with his own evidence.

 

Thankyou CF

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