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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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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.

      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.
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      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
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Eon- problem!


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Hi there,

After having our door knocked at tea time a month or so ago by a gentleman from Eon with a 'cheaper' deal for our electricity pre-payment meter we decided to switch.

Big mistake!

Not only does the meter now EAT credit when it was very steady before the switch, we are now moving house in a month and E-on are being very uncooperative!

 

I today called Eon to ask them to remove the meter and have the electricity back to normal for the next occupants (house is rented).

There wasn't a meter here when we moved in so I don't think the landlord would be happy to find a meter when he takes back ownership of the house.

We have been here for 6 years.

I'm not sure how the land lies when it comes to changing suppliers in rented accomodation but didn't think it'd be a problem at the time.

 

However Eon are saying we will have to pay a whopping £50 to get the meter taken out and would then have to be credit checked and set up a direct debit for the electricity to go back to normal.

Hello!!!!!!!!!??????? We are moving??????

I told them we can't afford to pay the £50, and they said all we can do is leave the meter in and the landlord will have to get it taken out if he wants to.

Now I'm worried we will get into trouble for this.

What if the landlord doesn't want a meter?

Could this be a way for him to claim some of our deposit for inconvenience?

 

Also they are saying we have to be a customer for 12 months before we can switch- but we won't be here.

Will this apply to the landlord/ new tenants?

 

I don't think this is very fair and the gentleman who sold us the 'switch' did not tell us we would have to pay £50 to have the meter removed if we left.

 

I suppose it all goes back to 'cold calling'- it should be banned.

People shouldn't be harrassed in their homes by salesmen after a long day at work. All their 'cheaper deals' are usually a con anyway!

 

Any advice would be appreciated.

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Unfortunately the £50 charge would apply if the landlord wanted to have the meter removed and would then depend on a credit search after the meter had remained in the property for a minimum of 12 months, although if the landlord has a good payment record with Eon then they may waiver the 12 months. Can I just ask why you had the prepay meter installed? did you know you would be moving? Was you already on a prepay meter with your old supplier? Was the meter a key or token meter? Your landlord really has no say in the meter as he doesnt own it so he shouldnt withold a deposit or dictate who your supplier should be and if there is nothing in your contract then he doesnt have a leg to stand on.

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Thanks for the reply.

We had a meter with Npower before and had it quite a while.

Then as I say, a chap from Eon came round one night and we switched to them.

We didn't know we would be moving- no, it was quite last minute.

The old meter was paid by cards, this meter is a key.

There is no debt oweing to Eon. We just found paying as we went much easier.

I was just worried the landlord would see this as an inconvenience and try to take money from our deposit.

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Sounds to me then that the old meter you had was never recalibrated whilst with Npower possibly and you were paying an old rate if you are chucking money into the meter now. Unfortunately this was a common problem with the token meters whereas with the key meters, they can be recalibrated via the key. Have you any statements whilst you with Npower? May be worth checking the rate per unit that you were being charged. I probably wouldnt be inclined to call them as they may realise their mistake and send you a bill which they are entitled to do.

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With reghards to changing the prepayment meter back to a credit meter, you have been mis-informed of the process, I think the agent you spoke to may have been confused.

 

If the property is rented, then EON will only remove a prepayment meter following the customer being in their supply for 12 months, so you fail to meet this criteria.

 

If you had been a customer for 12 months, the prepayment meter would be removed provided the credit check came back ok (no defaults or ccj's), the £50 fee to cover the cost was paid and a DD set up to cover ongoing consumption.

 

You are free to change supplier at anytime, 28 days is the minimum with any supplier

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