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    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
    • Hi Mango,   Please don't post in large blocks of text as it's far harder to read. Spacing added for you in the post above.   Please give brief answers to UncleB's Q's above so we can better assess your case, thanks.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Dell Laptop Brought From Argos - Faulty.


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I brought a Dell laptop from Argos 17 months ago. 8 months later it had a motherboard failure & Dell replaced it. Today the motherboard has again failed. I have spoken to Dell support and they advise that it is going to be 180 for repair as the laptop is over 12 months old.

 

I understand that the warranty covers me for 12 months, however seeing as the original fault occured when the laptop was 8 months old I think that this shows the laptop is not fit for purpose. It is my understanding that under the sales of goods act, items sold by retailers should last for a suitable amount of time. I feel that a 400 laptop should last more than 17 months, especially without a fault occuring after 8 months.

 

Dell are also advising that the replacement motherboard was a refurbished motherboard and therefore would only be expected to last for 3 months. I was not told this at the time and it is not something that I would have accepted.

 

Is there anything you can advise?

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Forget Dell, your contract is with Argos and you need to go through them.

You need to contact Argos and advise them that the laptop has failed and that you would like them to repair/replace it under the Sales of Goods Act. You may need to get an independent Engineer's report to state that the failure has been caused by a manufacturing fault, which will initially be at your own expense (usually around £60-70) but provided it is a manufacturing fault then Argos must refund this to you.

 

The fact that the original motherboard was replaced with a refurbished one is completely irrelevant and it doesn't matter how long Dell think it should last. A laptop should have a reasonable lifespan of 4-5 years and the SOGA will treat it just as one single item, not a bunch of components.

 

Also, how did you pay for the laptop? If by credit card then your credit card provider will be jointly liable I believe.

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