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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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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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Insurance repair can I insist on replacement as camera only 10 days old?


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What to do???

 

My 10 day old Panasonic GF1 camera was got water damage due to a flood from the flat above, (something in tank broke) this was just an accident however, I had to claim on my own insurance (Allianz) for replacement. I had to send the camera of for them to inspect. They now say they can repair it but the agony I have is the it was purchased on the 15th Jan with a 3 year warranty, this will now be void due to the water damage, the repairers says they will fit original parts but then only guarantee their work for 30 days.

 

I sent it to them to confirm that this was a genuine claim I did not expect them to take it apart and repair it. I have read various reports of water damage being repaired to electrical items and then other faults occurring.

 

Am I worrying about nothing or is there a way I can request an exact replacement?

 

Looking forward to your thoughts.

 

Do I go ahead with authorising a repair as I was

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Hello there. Did you pay for the camera on a credit card? Some cards will [or maybe did] replace items that were damaged within a short time of being bought. It could be worth checking the Ts and Cs of the card or ringing the provider.

 

I can't answer the bit about your policy, sorry, but someone should know.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi, Nice thought, Did use a Visa Debit card from HSBC. But not sure if they are they same thing?? Although I will contact the bank and ask??

 

It depends on the Ts and Cs of your card. If it were me, I would check them before ringing the bank, just so you're sure of the facts in advance. If you haven't kept the printed copy, it could be on their website.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Check with Panasonic customer service line as to whether the camera being repaired has affected the warranty.

 

I thought that the warranty conditions related to 'non qualified' people taking the camera apart and that there was scope within the warranty to allow repairs by 'qualified' people. As long as the company used Panasonic parts and you have full details of the repair, I can't believe Panasonic would disqualify a 3 year warranty.

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The fact you have a warranty is not the insurer's concern. They insure your contents, not your warranty.

Your agreement with them probably holds in the T&C's that they can choose to repair or replace. You can ask fo the cost of the repair, and get it done by a manufacturer certified repairer.

Strange for them to repair though, it's a potential nightmare to repair small electronics, hence insurers usually going for the replacement option.

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