Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

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

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Problem with reclining chair


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3740 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again. On both occasions I had to write a letter to them as phone calls had to response.

Unfortunately the seat has sunk yet again. As I suffer from a disability, I do use the chair every day for probably most of the day. This was made clear to the salesman when we purchased the unit. With the seat offering very little comfort it has now affected my back and I now suffered from back ache more than ever.

Given that lounge suite is over 2 years old, can I claim an inherent fault under Sale of Goods Act as it has been repaired for the same problem twice before. Admittedly I should have chased it up several months ago, but was reluctant to approach the retailer as the last time, I was treated rather rudely.

Link to post
Share on other sites

We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again.

 

Did they say why it failed at any time.

Link to post
Share on other sites

Hi Surfer01. Did they say why it failed at any time ?

 

Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

Link to post
Share on other sites

Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

 

The foam you discribe is called block foam.

Link to post
Share on other sites

I think to prove there was a fault It would help if we could understand why it failed in the first place.

 

Did they say why it failed at any time ?

 

You say Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer."

I don't realy under stand this".

Link to post
Share on other sites

individual upholsterers and not employed by the retailer.

can you say who they work for.

No idea as they were contracted by the retailer so I assume they worked for themselves. The seat once sat on, stays flat and does not go back to its original shape even if left for 2 weeks so basically sitting on the straps with a thin bit of foam in between which is not very comfortable and is causing me a lot of back ache. For the price we paid, I would have expected it to last several years and for the seat cushion to retain its shape for the same amount of time. I think they have used the cheapest possible foam which is why it no longer retains the original shape.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...