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    • A Discontinued Claim is regarded as never being adjudged. Incorrect I'm afraid and a defence would be Res Judicata not estoppel
    • Judgement can be requested...you can only get a default Judgment if there has been no acknowledgment of service. CPR 16(5) is with regards to the contents of a defence a response...no connection to what defines a default judgment. Andy
    • You are lucky because you are in London and there is a centralised and accessible appeals centre which also puts searchable results on its website. I've used them several times. Always turning up in person and was ruled in favour every time.  The link to the tribunal is https://www.londontribunals.gov.uk/eat First port of call is the local authority appeals process. I only had one from Islington, regarding a skip (not mine) blocking a space but they wanted me to pay for the meter it was parked on. Illogical, I know.  I found that the case you make to the council does not have to be the same as that made to the tribunal. The local authority almost never turns up on the day even if you have chosen to attend. Wear a suit and call the lawyer Sir or Ma'am.  As regards case preparation. The tribunal publishes results and summaries online. Have a read through and you may find cases that apply to your circumstances. The procedure is pretty well explained.  The adjudicators are often helpful. For example, I turned up with a folder of evidence about a bus lane. But the adjudicator spotted that there had been one failed delivery to keeper. Apparently the authority was not allowed a second attempt before proceeding to enforcement. But they did so, and the case was dismissed in thirty seconds.  Double check the council response. On one of mine Harrow put the wrong date and wrong location video for a bus lane. In another Kensington withdrew at the last minute because the parking wardens had been at lunch and didn't suspend a bay until after I parked. I made them pay £170 for my trouble.  On that last thing. You almost never get awarded costs even if it is uncontested or the council is wrong. But you have seven days to apply to the tribunal. (Check that in case it has changed)   
    • Ok so as per my initial letter date their 8 weeks finishes on Tuesday. With Monday being a bank holiday they won't be able to reply in time. So I need to do my prep work to submit the FCA case. Is this pretty straight forward? Could you direct me to a thread on here that has some guidance on how to submit a FCA claim?    Thank you in advance.    p.s Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages. I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 
    • Probably. Can you post one onto your thread please, so we can have a quick look? Cover up your name, address and any reference number. HB
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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whatever happens premium club not worth it


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Hi,

 

This is a small warning to hopefully put people off from buying anything from Curry's or Dixons and taking a whatever happens or premium insurance.

 

I purchased a Samsung television in october 2010 from Currys. We have bought a lot of appliances from currys and up till now they have always been reasonably priced and the whatever happens has worked for me in the past, so i took th epremium version as this would (they promised) give me a loan tv, repairs within 10 days in stead of 21 and a better service.

 

The television started to develop a loud buzzing noise from the transformer in december, naturally i rang the tech guys to have it repaired. They gave me a date, however when i asked for a loan tv they replied they did not have one on stock due to the xmas rush etc. I rescheduled for january and as promised they showed up with a loan tv and took my tv.

 

So far so good, i got what i paid for. About 6 days later I got a call that the tv was fixed and they were bringing it back. When the tv arrived I set it up with the two delivery men present, and immediately it was evident the fault wasnt fixed, as the noise was still there. I trie dto refuse the tv as it wasnt fixed but they said i had to accept it and rebook. Tried to do that the same day, however the same story that there was no loan tv. it took another two weeks for them to ring me that they finally managed to find a loan tv, which as it happened came in a box and i had to assemble myself. Awesome service from the tech guys. TV was returned a week later, however fault still there. This time I knew my rights and refused the tv as it wasnt fixed. They wanted to take the loan tv as well which would leave me without a television, so refused that and they only took my tv. Rang up to explain what happened, and they (very helpfull and polite) man on the other side said they woudl start a repair investigation and someone would come back to me.

 

I received a call from an actual engineer at the depot, asking me what the issue was. I explained in full detail and even told him how to replicate to fault/noise. He hang up and said he would come back to me. 3 days later i got a call the tv was a write off and couldnt be fixed. They promised me i would get a voucher code as soon as the loan tv was collected so I could get a replacement TV.

 

I have rung them about 15 times in the last 4 days, been on hold for over an hour, been promised call backs and the code numerous times, however I am still without code and therefore without television. On request I can give you names and times of persons I have spoken to over the weekend and today.

 

Absolutely appaled by the service from the techguys, actually spoke to a person today who admitted he did not really care what happened and what I thought as it wasnt "hurting him in the pocket" if I never bought anything from curry's again. I honestly think that if the people that work for you have such an attitude you can better shut up shop. If he would have been working for me I would have sacked him on the spot.

 

Hopefully I will get my voucher code tomorrow, I will pick up a TV, cancel my whatever happens direct debit and never set foot in a curry's/pc world again. As I am also partly responsible for the IT in the company I work for (and we buy a LOT from PC World business) I will move that away to different companies as well. I know the people that work for tech guys are not directly employed by currys but hopefully the small (to their standards) part of business that I will be taking away hurts somebody in the pocket.

 

Rant over. As stated all I want is to warn people not to buy from curry's or if you do, do not take a whatever happens and just hope it doesnt break after a year when your warranty has run out.

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A quick update on the situation.

 

I had to ring again this morning to get my code, which i eventually received after around 30 mins on the phone. Itr was a full refund, so went to the local store (Kings Lynn, and it must be said that they are always very helpfull and friendly, not had a bad experience there as of yet).

 

I bought a more expensive LED TV and that was it ( I thought)

 

However as I did send an email to the CEO of the DSGi group (his address is on the internet) venting my frustration I was pleasantly surprised that I did receive a reply promising me that they will look into the matter and someone will come back to me next week. If anything I may have made a positive difference to someone.

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