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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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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.
      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
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Online order, paid for, but not received.


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From their website

 

Copyright © 2009 Baby Supplies Ltd

 

 

Comoany Registration:

 

Name & Registered Office:

BABY SUPPLIES LIMITED

19 CAMBRIAN WAY

MARSHFIELD

CARDIFF

CF3 2WB

Company No. 05007796

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 06/01/2004

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: 05/01/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/10/2009

Last Return Made Up To: 06/01/2009

Next Return Due: 03/02/2010

Last Members List: 06/01/2009

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I might have guessed it was them.

 

You don't give a monkeys it's their 'policy'. It is your money. And you want it back.

 

Under the Distance Selling Regulations the supplier has not complied with the law and you are due the monry back, and Halifax's 'policy' is immaterial.

 

Which of their cards did you use, debit/credit - Visa/Mastercard/Maestro?

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Excellent! Call your bank, advise you are requesting a cashback under Visa's customer guarantee scheme. Don;t listen to their guff - say if you do not get the refund within 7 days to your account, you'll raise a formal complaint with Visa International of their refusal to comply with a legitimate refund request.

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well Halifax were having none of it! just kept saying there was nothing they can do and they can't comment on it!!!! they are an absoloute waste of space, they were told that aswell!!! never spoken to someone so rude!! thanks for your help though.

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Don't let them get away with it. Ask to speak to someone more senior until you get someone who actually knows what they are talking about. They have a long history of this, and then they deny have heard of the Visa guarantee.

 

Refer them to this:

 

http://www.visa.co.uk/security/main.html

 

Also contact Visa directly; [email protected]

Edited by buzby
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for 16 mninutes and 43 seconds i listened to a very rude bloke tell me, how no one in the call centre can help, its not there fault or problem but he understands!!! i was going to ask, how do i make the complaint to visa, thanks for all the info you've given me, your help has been much appreciated

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  • 10 months later...

The same has just happened to me with Bedswarehouse.co.uk. I paid £179 for a bed and was told it was out of stock,but only when they had taken the money from my account. After four weeks I requested a refund. They told me it would take up to 14 days for the refund to show up in my account. Two months later and still no refund and my bank told me that no attempts had been made by them to credit my account. Fraud investigators are now on the case. My bank (Alliance & Leicester) told me you are protected if you pay online by Visa, so keep pushing it.

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