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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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    • 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.  

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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.
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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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wrenwin - PRESTIGE PRT295FFCS Fridge Freezer from Comet faulty


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We too have bought the problematic Prestige fridge from Comet 18 months ago, do not take extended warranty. Problem started since a month ago, we did defrost, but situation not improved. Yesterday the freezer temperature increased from -18 degree Celsius to -13 degree Celsius. Today it is the fridge turn, it is now staying at +16 degree Celsius. My husband has written to the Comet Representative posted in an earlier post. I don't have high hope in their reply to be honest. We are doing research to buy a new fridge/freezer, this time we will be more careful, avoiding Prestige as well as irresponsible seller Comet.

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Are you aware that the fridge is still under warranty and I am not talking about the extended warranty. All electrical goods bought in the EU are subject to a 2 year warranty regardless of what the retailer / manufacturer states. Perhaps consider buying another better quality fridge but also continue hassling Comet to get the money paid for Prestige refunded or th4e fridge fixed. If they fix it , sell it on.

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in the uk, SOGA expects things to last a 'resonable' time

for a F/F thats not 18mts more like 3-4yrs

 

the EU stuff does not really need to apply.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply.

 

Comet replies email to ask us to book for engineer visit with 30 Pounds charge as everyone experienced. I am not willing to pay for 30 Pounds just for them to come to tell us to do defrost.

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  • 3 months later...

After dragging for 3 more months (the fridge/freezer's temperature went back to normal temperatures by itself), my fridge is not working again (the freezer is working fine though). It is now 21 months since we bought it. We rang for a Comets engineer's visit as the Mr. Representative of Comets who replied in this thread earlier suggested, it costs us 60 pounds! Not 30 pounds as everyone said. The engineer did not say it is manufacturer's fault, and he suggested a fix which costs 106 pounds but no grantee that the fix will work! It will not be fixed by him and we have to make a separate appointment for a system engineer. What should I say, what an amazing expensive diagnostic!

 

We are disappointed with this and have now decided to dump the fridge/freezer instead, and of course, we will not go to Comets by all means. We are done with them.

 

Be aware, all potential customers, do not repeat our costly mistake. Stay away from this fridge/freezer or even Comets.

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dunno why you keep on accepting a fix is the ans & that you should be charged for it?

 

its faulty under SOGA, it does not have to be a birth fault!

 

it failed, under soga, it should be repaired FOC.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I am not sure how you guys managed to get the Comets admitted and compensated you. We failed. My husband called the Service and Support, paid for an engineer visit with the hope that the engineer would tell us either it is manufacture's fault or part failure. Then we could take the matter proceed. But the engineer refused to comment, only suggested a fix which might not work. We do not want to pay for "the fix which might not work (what a joke!)", and to the engineer who came, the job was closed and he left without saying any other things, not even left a note commenting what's wrong. That's why I commented this was the most expensive diagnostic - 30 minutes visit and a non-constructive suggestion costs us 60 pounds.

 

We do not know what else we can do, other than spreading the words about the bad quality of this brand and bad service of Comets.

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it is not down to the eng to decide, all the eng is there to do is to tell you what is faulty!!

 

stop pussy futting around.

 

demand it is repaired under you consumer right covered by SOGA

 

else off to the consumer direct website and complain.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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