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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Consumer dude

By Consumer dude
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Ganymede

Ganymede

Posted
Posted
He is claiming that the signature in the document that he had confirmed the amount that he owes me is not his..

That can't be everything in his application? Why did he not show up at Court?

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AndyOrch

AndyOrch

Posted
Posted

Well its hardly likely his application will succeed ...his wasted fee...you cant control the actions of a defendant or claimant in court action...bide your time and then resume with the CO.

We could do with some help from you.

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Consumer dude

Consumer dude

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Well its hardly likely is application will succeed ...his wasted fee...you cant control the actions of a defendant or claimant in court action...bide your time and then resume with the CO.

 

Did you mean his application is not likely to succeed..

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Ganymede

Ganymede

Posted
Posted
He is claiming depression and stress but yet he puts in this application for a set aside and does so one day before the C/O hearing. What does that tell anyone ?

 

Is that absolutely everything in his application?

 

He can make whatever applications he likes when he likes. If they are successful is a different matter.

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determindator

determindator

Posted
Posted

keep up the momentum CD as if he's possibly going through the process of repossession, who know's, good to get your reply in asap. Maybe why he's gone for delay tactics. Like you I can't understand for the amount involved why he's let it go this far.

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Consumer dude

Consumer dude

Posted
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keep up the momentum CD as if he's possibly going through the process of repossession, who know's, good to get your reply in asap. Maybe why he's gone for delay tactics. Like you I can't understand for the amount involved why he's let it go this far.

 

Haven't been asked to reply but am I to reply to the witness statement. I think I'm heading for a breakdown..

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SabreSheep

SabreSheep

Posted
Posted

Maybe a letter to the court objecting to the set aside hearing on the following grounds.

 

. Defendant is using delaying tactics to frustrating proceedings.

. Claimant has followed procedures as all stages and been frustrated by the defendants lack of willingness to engage with both yourself and the court.

. Defendant is now using outrageous accusations in an attempt to further frustrate proceedings.

. Defendant failed to attend court etc and has given no extenuating circumstances for doing so

 

Andy is prob better at drafting something than me :D

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Consumer dude

Consumer dude

Posted
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Posted
Maybe a letter to the court objecting to the set aside hearing on the following grounds.

 

. Defendant is using delaying tactics to frustrating proceedings.

. Claimant has followed procedures as all stages and been frustrated by the defendants lack of willingness to engage with both yourself and the court.

. Defendant is now using outrageous accusations in an attempt to further frustrate proceedings.

. Defendant failed to attend court etc and has given no extenuating circumstances for doing so

 

Andy is prob better at drafting something than me :D

 

Thanks for your help, the outrageous thing is the defendant is trying to twist things saying I took advantage of him and claiming is stressed. My god, why was I kind to him, I'm doing all the leg work and he's responding when he feels like it..

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AndyOrch

AndyOrch

Posted
Posted
Haven't been asked to reply but am I to reply to the witness statement. I think I'm heading for a breakdown..

 

Yes simply draft a witness statement in response...noting your objections and reasons..this must be filed and served not less than 7 days before the set a side hearing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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AndyOrch

AndyOrch

Posted
Posted

No its expected you serve a copy on the defendant also....or your WS will be dismissed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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determindator

determindator

Posted
Posted
So it was a final hearing or was it a summary judgment application?

 

This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

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Consumer dude

Consumer dude

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This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

 

July 15th..

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Ganymede

Ganymede

Posted
Posted
This question for knowledge of CCJ's

 

For GM, does that mean if it was a final hearing you would be in a position to enforce but if it was a summary judgement you can't proceed down that line.

 

If you can enforce a final hearing CCJ, and let's say an arrangement to pay was put in place, in this case there wouldn't have been this last minute game of not my sig or any other excuses as the defendant would already have agreed to pay back. You would get some cash back and if the defendant stopped you could execute your enforcement or get back to paying again. At least money is coming back. Can you then change from an enforcement if the defendant was not playing ball and they had nothing worth the amount they owed you for taking, to a C/O?

 

If an item/items were taken and not worth the full amount, can arrangements to pay for the balance still be part of the enforcement?

 

In CD's case if an interim C/O has been granted does that say the CCJ was a final hearing, and the C/O route was taken. What power do you have with a summary judgement is useful to know.

 

I hope the next hearing is soon for you CD.

 

You can enforce after a final hearing or summary judgment. It matters not how the CCJ was obtained.

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