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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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.

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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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      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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Brighthouse Iphone Wifi Broken phone just a year old


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Hi all, a friend has just brought her Iphone 4s for me to look at, her wifi has suddenly stopped working and this is after an IOS update, the wifi is just grayed out.

 

She tells me that the phone was bought from BH and its just over a year old now.

 

I have tried all the so called fixes (no freezer or heating though) just reset networks, restore IOS all with no luck, still grayed out wifi.

 

Can she claim off BH for this repairing since its now a known fault, blown wifi chips and her original purchase was from them.

A phone should last a lot longer than 1 year though normal use.

 

Apple have quoted her £160 for a replacement phone.

 

George

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your friend should be covered by SOGA

 

also, you could advise your friend to reclaim the money they may have already paid for the Brighthouse insurances.

 

ideally, you should be looking at the phone problem being sorted out AND a refund of insurance money paid.

 

the quick fix on iphone (freezing / heating) is used by one of my friends. i would not risk either and would not be happy with such expensive equipment having a known fault.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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This is a well known fault with the 4s now. My brothers phone did exactly the same. Some iPhones come with a 2 year warranty but iirc this is if bought direct from apple.

BH will deffo have to do something under the SOGA as the iPhone is classed as a luxury product according to apple so should last longer than a year.

 

In my brothers case his supplier was EE. They eventually offered the £150 odd cost apple wanted to replace the handset outside of warranty. So he took that route.

Apple was of the opinion that it's tough luck and they would win in court as they are so big and powerful. It's a shame he hadn't purchased direct from them as I'd have loved to take them to small claims but it would have had to of been EE in his case.

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Thanks all for the replies, I was thinking that she would be covered under the SOGA.

 

Will sort her a letter out for BH to sort it out, She has been with BH for quite some time so she

could have quite a bit due back on the so called insurances.

 

George

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Good luck in sorting out this problem with Brighthouse. Please keep the thread updated so others can also assist both you and your friend in reclaiming the money as well as sorting out the problems with the phone.

 

A SAR from Brighthouse would show how much money has been paid in respect of the insurances.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Good Morning Biggeorge

 

I am sorry to hear of the trouble that your friend seems to be having with her mobile phone.

 

If a customer has any problems with one of their items, they would need to contact their store first to arrange a potential repair / replacement of the faulty item.

 

If your friend has already spoken with their local store and they have advised that she does not qualify for a repair, she may also contact our customer relations team by phoning on 0800 526 069 or by emailing us at [email protected].

 

Once we have located her account details we can investigate her concerns further and provide further assistance to help resolve her concerns.

 

I would like to clarify that Hire Purchase agreements are covered by the Supply of Goods Act, not the Sales of Goods Act. In summary, the Supply of Goods Act entitles the customer to a working product at the point of supply and right of repair or replacement if goods are found to be defective at the time of delivery. Some faults which develop during the first 6 months of the contract could also be covered under this statutory right (as they may be treated as not working at time of delivery).

Any other repairs or maintenance are the responsibility of the customer. This is why we have previously offered Optional Service Cover (OSC) and Damage Liability Cover (DLC) to avoid customers incurring expensive repairs bills and now include the “5 Star Service” package as standard in all products offered by BrightHouse.

 

To ease any concerns, the benefits included with our agreements are in addition to your statutory rights and do not affect them. Examples of these benefits are:

o Right to return at any time with nothing to pay

o Right to unlimited repairs during the agreement, including loan items provided for certain products

 

Many Thanks

 

Jason

Web Relations Team

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Good Morning Biggeorge

 

I am sorry to hear of the trouble that your friend seems to be having with her mobile phone.

 

If a customer has any problems with one of their items, they would need to contact their store first to arrange a potential repair / replacement of the faulty item.

 

If your friend has already spoken with their local store and they have advised that she does not qualify for a repair, she may also contact our customer relations team by phoning on 0800 526 069 or by emailing us at [email protected].

 

Once we have located her account details we can investigate her concerns further and provide further assistance to help resolve her concerns.

 

I would like to clarify that Hire Purchase agreements are covered by the Supply of Goods Act, not the Sales of Goods Act. In summary, the Supply of Goods Act entitles the customer to a working product at the point of supply and right of repair or replacement if goods are found to be defective at the time of delivery. Some faults which develop during the first 6 months of the contract could also be covered under this statutory right (as they may be treated as not working at time of delivery).

Any other repairs or maintenance are the responsibility of the customer. This is why we have previously offered Optional Service Cover (OSC) and Damage Liability Cover (DLC) to avoid customers incurring expensive repairs bills and now include the “5 Star Service” package as standard in all products offered by BrightHouse.

 

To ease any concerns, the benefits included with our agreements are in addition to your statutory rights and do not affect them. Examples of these benefits are:

o Right to return at any time with nothing to pay

o Right to unlimited repairs during the agreement, including loan items provided for certain products

 

Many Thanks

 

Jason

Web Relations Team

 

There you go again not laying out the full truth.

ALL faults (except intentional damage) are covered in the first 6 months without the customer needing to prove they existed at point of sale. After 6 months it's up to the customer to prove. Which in this case is easy ! It's a known fault with the ios7 operating system making the phones circuit board and wifi/Bluetooth chip run too hot causing it to lift from the board. Thus a manufacturing defect !

 

Your osc and dlc are WORTHLESS. as has been proven on this very forum time and time again.

 

Sale of goods act. Supply of good act. No difference in the protection afforded to the customer for faulty items.

 

Btw. To the OP. is this item paid in full ?

 

Thx

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Hi 2ltr16valve, Yes I think she has now paid this off which is why she was thinking she had a paper weight.

Apple claimed £160 for a replacement but I told her if shes only had just over one year and now I know its a known fault that IOS 7 causes

she can claim from who supplied the phone, Just a shame it had to BH.

 

Got a letter ready for her for the BH manager if he won't play ball.

 

Regards

 

George

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Hi 2ltr16valve, Yes I think she has now paid this off which is why she was thinking she had a paper weight.

Apple claimed £160 for a replacement but I told her if shes only had just over one year and now I know its a known fault that IOS 7 causes

she can claim from who supplied the phone, Just a shame it had to BH.

 

Got a letter ready for her for the BH manager if he won't play ball.

 

Regards

 

George

 

 

Yep sounds spot on. The price apple wanted was £160 I believe but was reduced with haggling lol in any case this was met (refunded) by ee who supplied the phone.

 

Don't fall into the osc and dlc argument they will try and tie you up in. Your rights are protected. If BH insist that they want proof the item is faulty. Pay for the report and claim that back also. As it is without doubt any mobile/electrical repairer will know of this issue by now. An confirm the same as I've put

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