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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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    • If you are buying a used car – you need to read this survival guide.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Phone recycling company - f (Gadgets4everyone)


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Hi.

Recently I've heard about phone recycling companies and found that it would be a good idea to sell some of my and my fiancee's used phones to them. Our first and final attempt was iPhone 3g 8gb which was sent to them in hope to get some money in return. The initial quote for our iphone was 30 pounds from Gadgets4everyone.co.uk, we selected this company through comparemymobile.co.uk because of the best offer.

Before it was sent, we charged it, erased all our private data and made sure that it is fully functional. We were positive about the experience at the beginning since we got a quick response after they received our phone. The main idea of that response was that they will do several tests with our phone in order to check if it's functional and suits their offer. Since then, problems have occurred.

 

1. No response around changes in phone conditions and price changes from testing period

 

The last response with price from them was when they put us on to the payment queue, which stated that we will get 0.00 pounds.

 

2. Not answering phone calls and emails.

 

After we were shocked with the price we got, we started calling them, non-stop, during their working hours, nobody answered...

Emails were ignored.

 

3. Somehow we managed to get in touch with them. Still, they've lied about the conditions of our phone.

 

Our phone was fully functional till it got to them, they've explained such a significant price drop by stating that our phone isn't charging and has many scratches on the back and so forth.... This was an absolute LIE. And because of their terms&conditions they were ready to recycle it for FREE.

 

4. They offered to send it back for extra pay.

 

They generally started sucking more money from us. Since we were unsatisfied with their decision, they said that they do returns. We had to send them money to get our phone back and I don't really think that their postage charges were reasonable.

 

5. WHEN WE GOT OUR PHONE BACK.....

 

Well, I think they wanted to avoid their fake tales and turn them into reality just not to get caught on false statements they make. Seems like they scratched our phone with sandpaper. It's now a total waste in general... NOT WORKING, NOT CHARGING, SCRATCHED iPHONE that was fully functional, chargeable and had just few minor scratches.

 

I feel totally ripped-off and have no idea what to do since there were no receipts so far or paperwork incurred, just email conversation. I've sent them an email about this and they've just ignored it. Their office is also far from our town, so I have no chances to 'shake hands' with them, unfortunately... I'm shocked that I've paid to get our phone in such a terrible condition.

 

I'll be very thankful if there is any advice on what to do.:sad:

Edited by euroman
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Start off reading on this form about a similar operation - cash4phones

Here is a search link http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=cash4phone&sa=Search+CAG#gsc.tab=0&gsc.q=cash4phone&gsc.page=1

 

then come back here

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They're just insulting me more

Hello,

 

Abuse to our staff will not be tolerated and this matter has been reported to your ISP for your email - GMAIL.

 

We do not damage phones and this is how the phone was received.

 

Kind Regards,

Sam Hargreaves

Escalations Manager

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Moral, don't use these firms, you will not get anywhere near there true value; they are in it to make money!

sell them on ebay, even if broken or not in very good condition you will get a fair price; done this loads of times.

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However, I should say that looking through the internet, most reviews seem to positive - but it is always going to be a bit risky using this kind of system

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They're just insulting me more

 

Hello Mr. Tsvigun,

 

We haven't ignored you at all, we have replied to every email you have sent us, up to when you got extremely offensive and abusive. We have never experienced such abuse from a customer. The language that was used in your emails to us was absolutely disgusting, we reported you to the correct authorities and informed you that your abusive and threatening emails were not going to be tolerated and we were not going to continue to communicate with you if you were going to use such foul and threatening language. Constant swearing and writing emails in BLOCK CAPITALS does not get you anywhere, especially when we have done nothing but recycle devices honestly and fairly.

 

We absolutely do not damage or scratch devices, we send out bubble wrapped jiffy bags to our customers for them to send in their devices and then we process them exactly how they are sent in.

 

Your device received a trade-in value of zero because, regardless of the cosmetic damage, the device would not even turn on or charge. Therefore we could not test it. There is a guideline included in our Terms and Conditions that outlines exactly what damage corresponds to what type of downgrade. Our Terms and Conditions are quite clear and are not hidden from our customers but it is the responsibility of the customer to make themselves aware of them. Furthermore, the £5.00 return fee is not a fee that we make money on. It pays for the engineers time to test the device, the packaging and the postage to send it back to you via a tracked service with an insurance cover of up to £50.00.

 

The device has now been returned to you and it is in your possession.

 

Kind Regards,

Jack Knight

Operations Manager

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That's the trouble, one persons word against another?

Not going to get anywhere, so IMHO do not use them.

If phone has any value, sell it on ebay. there buyers and sellers have some protection.

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