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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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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.

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iPhone IOS update debacle. Phone rendered useless


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Hi all,

Just wondering if anyone could provide some advice, or just advise me I am clutching at straws. I will just note the problem in bullet points to make it easier to follow.

 

The problem/issue:

  • New IOS update has rendered 000's of iPhone 4s models with no wi-fi because the option is now greyed out in the settings section
  • General concensus is that it is a hardware issue
  • It seems the latest update has revealed a fault/limitation of the wi-fi chip
  • Apple has provided a list of fixes to follow to attempt to resolve the issue
  • If all of these fail, the advice is basically tough luck, buy a new phone

 

All of the above information is what I have obtained from the internet regarding the problem.

 

My Situation:

  • I purchased an iPhone 4s on a 2 year monthly contract with a reduced upfront payment for the handset directly from a T-Mobile shop.
  • I purchased the handset in April 2013
  • I am outside the 1 year manufacturer warranty.
  • The issue has affected my handset and none of the fixes suggested by Apple have resolved it.
  • I now have a phone that does not connect to wi-fi, only 3G
  • I not very happy

 

Although outside the 1 year manufacturer warranty, is it fair for me to expect my handset (that would cost between £3-400 if bought as a handset only) not to be crippled by what is basically an update installed on the direction of the manufacturer (Apple) in the name of giving my phone greater performance and capabilities. The fact that it seems to have awoken a fault with the chipset that was until the latest update, dormant, would suggest that the fault was present from the date of purchase, and was jolted into life by an update direct from Apple themselves.

Obviously in the 1st instance I will go to the shop, but by all accounts, they are likely to say "sorry, need to pay for a repair".

Any advice on how I should play it if that is the response?

 

Cheers...Nick

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If the phone has been damaged by defective firmware then your remedy is under SOGA against the supplier of the phone regardless of the age of the phone

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Send an email to [email protected]

They are well aware of this issue and will likely help. They refunded my brother in full for a replacement handset from apple.

Apple will deny the issue and refuse outright to do anything. Even when told of possible court action the manager said 'you won't win we are too big and powerful'.

I was willing to do the paperwork but brother just wanted a replacement phone.

From what I know of the issue it's to do with how ios7 runs needing more processing power so runs hotter causing a flaw in the chip for the Bluetooth and wifi lifting from the board.

Hope that helps

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If the phone has been damaged by defective firmware then your remedy is under SOGA against the supplier of the phone regardless of the age of the phone

 

Problem here is t-mobile will direct the customer to Apple as they apparently have exclusive rights to repair the phones as they are not allowed too. Apple will not repair as it's outside the year.

As I've put above. Email CEO of ee/t-mobile/orange and point out their obligations under SOGA as you won't get far with apple.

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Apple can be quite good, i dropped my 3gs a few years ago and smashed the screen

 

i took it to the Apple shop to get it fixed, they offered me a brand new one for £100

 

take it there and talk to them, im sure they will help you

Edited by colin11
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Hi there! Exactly the same thing happened to me over Christmas. I was one day outside of my year's warranty according to Carphone warehouse. Unfortunately, I had to go to the Apple shop and buy a new one and give them the old useless one back but they did give me a report to state that it was not able to be repaired. Apple advised that they would have replaced my phone if I had bought it through them under their 2 year warranty however Carphone Warehouse refused to do this. In the end, I threatened them with SOGA and a few months down the line, after they had spoken to Apple, they refunded the cost of my phone.

 

 

 

I have now decided that I am only going to buy Apple devices directly from them now because of the 2 year warranty that they provide for this sort of fault. When I checked with my provider, Vodafone, they would also have replaced it for free. I know SOGA does apply but it's hassle for us! Keep fighting though as you have a case!

 

 

 

Best of luck!

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As I've put above. Email CEO of ee/t-mobile/orange and point out their obligations under SOGA as you won't get far with apple.

 

Cheers, I have emailed Olaf to outline my situation and have requested a resolution is reached.

 

I will let you know.

 

Cheers.......Nick

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As much as I hate Apple, They can be very good with Aftercare

I would still try going to the store... (~Again if youve already been and explain it, take docs with you showing its Apples issues)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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As much as I hate Apple, They can be very good with Aftercare

I would still try going to the store... (~Again if youve already been and explain it, take docs with you showing its Apples issues)

 

To be fair, if you have checked the internet for Apples response to this problem, you will see quite clearly that they don't give a toss about anyone's handset that is outside their 1 year warranty, and will care even less so about a handset that hasn't even been purchased from one of their own stores.

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Well finally managed to visit the shop I bought it from today, and here is a selection of soundbites I endured. "We only provided the network access", "The only time I have seen this happen (once) the Apple fixes remedied the situation", "You need to contact Apple", "It is a software issue when installing the latest IOS". Despite advising that I had purchased the phone from them, and that I was not happy that a phone that was just 3 weeks out of the Manufacturer warranty was now useless and it was their, not Apples obligation to find a solution suitable to me, they were unwilling to help. In fact, I took along some helpful quotes from the SOGA, and the chap had never heard of it, and it was not apparent to him how it was relevant to my iPhone and it's "not being fit for purpose through no fault of the user". All in all, they didn't really seem to be aware of any problem, so I told them to look on the internet to enlighten themselves.

Oh, Olaf isn't replying either despite 2 emails to him :lol:

What should my next step be? Complain using EE's official complaints procedure?

 

Cheers...Nick

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Remind them of SOGA. The retailer must sort it out. The fact he never heard of soga shows that you MUST make a full complaint to the retailer/apple and possibly trading standards.

 

Remember, the advisors are representatives of the company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Remind them of SOGA. The retailer must sort it out.

 

There are only so many times I could have tried to put it to them that it was they, and NOT Apple who needed to provide the resolution. They point blank refused to acknowledge it was their issue now and not Apples as the 12 month warranty had expired. I did forget to say, I think the chap did say "we can send it to Apple for testing", would this be a course of action to agree to, bearing in mind that if none of the fixes suggested by Apple don't work then it can't be fixed anyway?

 

Cheers...Nick

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Repair > replace > refund. If they have offered to repair it make sure it doesn't cost you anything. It is a kbown manufacturer issue so don't get caught out

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 weeks later...

Reply I received from EE today. "Nothing to do with us govner"

 

Thank you for your email dated 8 May 2014 addressed to Olaf Swantee, Chief Executive, EE Ltd. Olaf has asked me to reply and keep him updated on my outcome. Please accept my apologies for the delay in responding.

I regret EE is unable to assist with this issue as the phone is the responsibility of Apple. The warranty period is 12 months from date of purchase. Apple do not allow us to repair or replace their products and hold the sole rights for this. Any repairs or replacements would need to be referred to Apple, should they charge a fee this would also be payable if outside of the warranty period.

The software updates released are done by Apple and EE as a network have no control over this. EE provide the SIM Card and access to the mobile network. The Terms and Conditions of your agreement do advise that the phone does not form part of the agreement and is sourced outside of this agreement.

The Executive Office is empowered to deal with any queries directly addressed to Olaf Swantee, Chief Executive Officer and the Board of Directors. The Executive Office is the highest point of escalation within EE. Should you remain unhappy with this decision, the next step would be to seek independent advice via the Communications and Internet Services Adjudication Scheme (CISAS). CISAS can be contacted using the below information:

CISAS

International Dispute Resolution Centre

70 Fleet Street,

London,

EC4Y 1EU

 

Email: [email protected]

Tel: 020 7520 3827

Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter.

Yours sincerely

Victoria Hunt

Executive Office, EE

c.c. Olaf Swantee, Chief Executive Officer - EE Ltd

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Theyre wrong. With soga, the retailer MUST sort it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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