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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.
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      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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Hi everyone I'm having problems with vodafone at the moment trying to Bill me £190.86 for getting a replacement of a brand new iPhone 6 plus that didn't work straight out of the box!

 

I ordered the phone online on the pre order date on the 12th September and I got an email on the 19th September to say it was going to be delivered that day.

I was on holiday in America when the package arrived but my parents were there to accept the delivery and just put it in my bedroom for when I got home on the 29th September onlyl or me to find it didn't work!

 

I contacted vodafone customer service imidietly who informed me that they would get a new one sent out to me next day but never mentioned anything about charges or a 7 day returns policy so I presumed eventing would be fine and I would just be charged the £220 for the phone upfront and my usual Monthly bill, but Instead I got a bill through for £547!

 

Cut a long story short Ive made 3 calls to Vodafone about this and everytime someone just says you didn't return it within 7 days so you have to pay the repair bill!? Surely that would be covered under apples warranty!

The advisors I've spoken to just say I need to wait for a text within 48 hours confirming if the extra charge will be dropped and it doesn't happen!

 

Reading vodafones returns policy online it says

 

"How do I return a faulty product?

 

We’ll help you sort out any faulty product as long as:

 

You bought it from us

It has a genuine fault

If the fault’s covered by a manufacturer's warranty, fixing it will be free."

 

Never mentions anything about 7 days and neither does any other section in there returns policy! They all say 14 days!

 

Many Thanks in advance!

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We here at CAg have a very successful VodaFone Rep operating here

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CAG.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Elliot

 

If you had taken the iPhone to an apple store they probably would have done a straight swap with it. I had the same sort of issue but 3 months into a contract with o2.

 

The iPhone randomly powered off, so I took it to Apple who literally swapped it like for like and advised its covered under Apple's warranty.

 

If the phone wasn't working when you first opened the box, it's likely that it would be covered by Apple's warranty.

 

Richard

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yes they often do

however that negates your rights under SOGA with the retailer

 

 

which trumps any warranty everytime and is not timelimited.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Richard

 

I did call apple technical support that same day to see if it was a glitch that could be sorted over the phone by rebooting it when plugged into the computer but unfortunately that didn't help so I said about bringing it into Apple for a replacement under warranty but told me they couldn't and I needed to return it to vodafone.

Hi Elliot

 

If you had taken the iPhone to an apple store they probably would have done a straight swap with it. I had the same sort of issue but 3 months into a contract with o2.

 

The iPhone randomly powered off, so I took it to Apple who literally swapped it like for like and advised its covered under Apple's warranty.

 

If the phone wasn't working when you first opened the box, it's likely that it would be covered by Apple's warranty.

 

Richard

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Sorry Richard I probably should have mentioned I contacted apples when I posted it last night!

 

Thank you though

 

Oh wow that's strange!

 

Sorry to give you some useless information, I just thought I'd share what experience I had to see if it could help you.

 

dx100uk Yup you're right, ignore me! :)

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