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    • Its just a case against a parcel delivery firm where parcel lost and a judge didnt agree that they were liable for more then insurance ws.   However my question is more about what the wording on the points of the order says which I copied above
    • Hi. I think we may need to know more about what has happened so far please, if you're able to tell us. HB
    • hi all, any feedback on the WS / bundle and the packlink invoice would be appreciated - they are attached in post #214 above. If no further amends are needed, please let me know. For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June.
    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
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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.

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      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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Heres a new way to attack the problem?


KPRHERO
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Ok so if I have one question...

 

Virgin media applied a £150.00 credit to my account without my knowledge or permission, they then charged me for it two months later and have cut me off.

 

Now as far as I am concerned they didn't ask me permission, and I didn't request the money in any kind of credit agreement, so do I really have to pay it back?

 

I'm looking at it as Virgin gave me free money which I didn't ask for, would you pay it back?

 

http://www.consumeractiongroup.co.uk/forum/digital-tv-services/225325-virgin-tv-saga-continues.html That is the original link....

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C'mon on.

 

The money was never yours, and never will be. It would have been applied to your account in good faith, and then reversed once it was found an error was made. If you didn't pay in this amount, or were due a credit of this amount by them, then the money has gone to the place it was expected to in the first place. You cannot claim 'ownership' of the credit due to an administrative error.

 

If you spent the money, then they'll take you to court for it, and you'll lose as the money can never be yours under those circumstances. Using expressions like no 'permission' is poinless, it just has no relevance.

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Heres the thing, I don't have an issue with paying it back, I got my head around the situation and understood why they did what they did, but, it was when they cut my services and refused to put it back on unless I paid them before the grace period was up that got my back up.

 

I've now got to go for weeks without having any cable because they applied the credit this way, i made an offer of payment, and they refused to accept it, so that is why I want to tell them to take a running jump.

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I still don;t have an understanding of your situation, but if it helps - your services are removed automatically (without human intervention) the CSS system talks to the billing system, which in turn is connected to the customer validation processes. The time clock to disconnection starts from when the bill is issued. The days tick down and you get closer to suspension, until/unless the billing system reports a credit. This shuts down the timer, until next month.

 

As I found out, it's nothing personal.... :)

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Just to say after being ignored by Virgin I have sent off a final letter to warn them I will be walking away from the contract, only this time I have suggested they read thier own terms and conditions which state the following:

 

You can cancel your agreement with 30 days notice in writing on the condition that you are affected for the following reason (see J3 on the Virgin Terms and Conditions):

 

"We (Virgin) make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced."

 

Game Check Mate.

 

Virgin significantly reduced my services due to a change they applied on my account. I win. Hooray for me ;)

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Ah - the key word here is 'significant'. They'll have to agree that there has been a significant (and detrimental change to your costs) for a cancellation.

 

What will happen is you will seek cancellation, and stop paying. They will disagree (and probably not tell you). You then get a CRA default.

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An update:

 

Virgin phoned me tonight, I refered them to the clause in the contract, and the fact that I was never behind with the bill, just over thier credit amount, which was thier fault, and that although I didn't want to leave them, it was thier fault for such soddy service.

 

We went back and forth for ages and finally the guy on the end of the phone agreed that I should have been given more time to pay the bill, and said that there will be a call from him tomo morning when he had more time (it was almost the end of his shift) and he would give a final yes or no to applying a credit to my account to restore services, on the agreement I would pay the outstanding balance in full over a set agreed period of time.

 

I don't believe him, but we will see.

 

Can anyone direct me to any legal reference in regards to virgin being able to apply and take away credits on my account without my permission? I can't see anything in thier terms and conditions, and finding it through google etc is a nightmare, I can't find a thing! ;)

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There's no issue of 'permission' for credits to your account - simply that the account should reflect the status of your dealings with the company in an accurate manner. If there are errors, as it is their system, they can modify the system to reflect the correct status (as they see it). You have no input into this, except to complain or point out their errors.

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