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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Tierce
      BIG MOTORING WORLD ENFIELD - FLAT BATTERY AFTER 2 DAYS Court claim issued

      By Tierce · Posted

      It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
    • wv600
      UKPC ANPR PCN PAPLOC Now Claimform - vehicle on site during restricted no parking period - Rom Valley Retail Park, Romford, RM7 0AF

      By wv600 · Posted

      Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
    • NewsBot
      US revokes licences for sales of some chips to China's Huawei

      By NewsBot · Posted

      The US confirmed it revoked licences allowing the export of some goods to Chinese tech giant.View the full article
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Fraud by false rep - need guidance

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speranza

speranza

Posted
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Posted

 

As for your health, I suggest you see your doctor and make sure they are aware of how you are feeling.

I don't need anyone's pity, I am just going through a very hard time indeed but will try my best to cope.

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SabreSheep

SabreSheep

Posted
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It is not about pity. Having those thoughts is unhealthy and will undermine your attempts to defend yourself. 1 in 4 people have mental health problems at some point in their life. Just like a physical illness or condition sometimes you need help to keep you fit to fight.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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honeybee13

honeybee13

Posted
Posted
I don't know how I will get myself out of this, which is making me sick with worry as this will ruin my life to the point it's not worth living. Noone can help me with that, can they? :'(

 

Hello there.

 

Don't forget about the Samaritans, they're used to helping people who feel the way you do.

 

08457 90 90 90

 

Hugs, HB

Illegitimi non carborundum

 

 

 

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speranza

speranza

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Hello there.

 

Don't forget about the Samaritans, they're used to helping people who feel the way you do.

 

08457 90 90 90

 

Hugs, HB

 

Thanks, it means a lot.

 

I moved the case to crown court. My life is over.

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SabreSheep

SabreSheep

Posted
Posted

Why is your life over?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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speranza

speranza

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Why is your life over?

 

Because my future and everything I've worked for so hard in life is at other people's mercy over something so stupid. I'll end up insane and penniless, with a possible conviction even though hoping for justice.

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SabreSheep

SabreSheep

Posted
Posted
Because my future and everything I've worked for so hard in life is at other people's mercy over something so stupid. I'll end up insane and penniless, with a possible conviction even though hoping for justice.

 

 

Ok Question.

 

DID you put the store tags onto a different product and return it? Yes/NO

 

Next thing.

 

We are at all times subject to powers outside our control. The best thing we can do is to try and retain as much control as possible. IF you are as worked up as you appear, I bet you ar enot getting much sleep and have not for some time. This means you are unliekly to be able to think objectivly and if you are innocenet you are reducing the chances of being able to defend yourself.

 

Regain Control. - See your GP, Let him know whats happening and how it is effecting you. He may be able to provide something to help with sleep if that is a side effect of this case.

With Sleep you will begin to put yourself in a better situation to handle this and how you feel will improve.

 

Also, look at what you typed. "possible conviction"

You may get convicted OR YOU MAY NOT!

 

What happens is entirely down to you. Even if you are NOT innocent, getting into the right frame of mind MAY make a big difference between the outcomes.

 

And even if you did become penniless. Plenty of people are worse off than Penniless and manage to recover.

 

Stop looking at the worst case scenarios. AND start regaining control

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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speranza

speranza

Posted
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Posted (edited)
Ok Question.

 

DID you put the store tags onto a different product and return it? Yes/NO

 

No.

 

 

Thanks a lot for your support. You are right about everything you say, but it's hard to be in my shoes right now. You guys have helped me so much. I will one day come back and let you know the outcome, whatever it may be. In the meantime, best of luck with your own battles.

Edited by speranza
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SabreSheep

SabreSheep

Posted
Posted

PLease let us know how you get on.

 

I hope you find some legal help. Im sure you will come out the other side of this.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Guest

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Posted
Posted

 

I moved the case to crown court. .

 

 

OOI. how did your sol argue that, given the v low value and re the links i posted? is there more to your circumstances than posted?

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speranza

speranza

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There is NOTHING more than said here. The case is as stupid as it sounds! When I read the value of items that have been shoplifted on this forum and how it was solved between the store and customer or RLP I was amazed at how unfortunate I am to be me today! Considering I went to the store and was greeted on the way in and out by security people and the person at the till saw no problem with the garment before refunding me, yet they went to the police and they arrested me a week later AT WORK for £30 odd claiming it is a different branded shirt!

However this was purchased online, reason for that being they didn't have this item in store, then I returned it there to get a more prompt refund to my card instead of waiting 2 weeks for them to get it in the mail and process it for me.

These are 2 high street brands they're arguing about, the value of the item would have been the same in either, it's not designer vs high street, so I would make no gain of £30 in any shape or form by swapping the 2 as claimed.

However I am unsure how I will defend myself as they have statements from the store manager saying they don't sell that and the cashier saying they didn't see a problem with the item at the time of refund. So what if they get the warehouse people to testify and say they do their job properly and inspect items before sending out? How am I supposed to defend myself then? It is not like they have me on cctv one day walking in the store and purchasing something and another day returning something else!! Mental!!

 

I had NO solicitor on the day to argue for me, except the duty solicitor. I couldn't get legal aid. I think you are not very familiar with the law on this case - They had to give me the option of a trial by jury and I made my choice. I knew that all along. My life depends on this and I was not going to leave it in the hands of magistrates! Anyway, probably a long ordeal to follow in the months to come and thousands of £ out of my pocket so wish me good luck... :'(

Edited by speranza
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Crown court over £30, wow

 

 

:) thats why i asked. its generally not auto anymore (committal hearings being abolished). there must've been some serious issue that justified sending it there, hence the q.

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speranza

speranza

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:) thats why i asked. its generally not auto anymore (committal hearings being abolished). there must've been some serious issue that justified sending it there, hence the q.

 

I got a date for a plea and case management hearing in Crown Court as they approved my request to have a trial by jury. So there will be a couple of steps before the actual trial I'd imagine.

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Guest

Guest

Posted
Posted
....

I had NO solicitor on the day to argue for me, except the duty solicitor. I couldn't get legal aid. I think you are not very familiar with the law on this case - They had to give me the option of a trial by jury and I made my choice. I knew that all along. :'(

 

 

how? i suggested seeing the duty sol if your sol couldnt rep you.

and the links i posted explain the rules. they do have an option to a certain extent, and they apparently gave it to you!

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Posted
I got a date for a plea and case management hearing in Crown Court as they approved my request to have a trial by jury. So there will be a couple of steps before the actual trial I'd imagine.

 

 

you've got a date already that quickly!

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speranza

speranza

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Sorry, I meant no offence with that. I read the links you gave me but I knew I'd have that option all along and I never had to argue with them about it or make a demand, nor is there more to the case than said, they had the option in place so they had to ask. I don't know the rules and probably won't need to once I'm done with this. The duty sol won't do much though, only overlook that your rights aren't abused with, good thing is, it has now been moved elsewhere, where I'll pay a fortune but will get representation.

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speranza

speranza

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you've got a date already that quickly!

 

2.5 months later. Yes, I thought it was routine that they'd confirm whatever future appointment you'd have with them. Again this is not for the actual trial so I don't understand why you're surprised as I'm a bit freaked out?

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2.5 months later. Yes, I thought it was routine that they'd confirm whatever future appointment you'd have with them. Again this is not for the actual trial so I don't understand why you're surprised as I'm a bit freaked out?

 

 

from your post #30 you only just seemed to have been in the mags, yesterday/day before was it?

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SabreSheep

SabreSheep

Posted
Posted

SO you ordered Item A form an online store called "Blobbys"

 

When it arrived it was in fact Item B

 

You returned Item B to a branch of Blobbys that stocks neither Item A nor Item B

 

-------

Ok, question, is Item B on the internet stores stock list?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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