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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Vodafone won't repair iphone in contract when battery has failed/[#10161486]

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Hi can anyone give me any advice please.

 

I have been into store & spoken to a vodafone phone rep today without success. I have an iPhone 5, I'm in a 24 month contract, and the battery doesn't last more than a few hours without charging again. I have diagnosed it through the apple website & the battery is faulty. The contract has 3 months left to run, and under statutory law, I would understand that with regard to durability I should expect the phone to last as long as the contract and its now not fit for purpose.

Vodafone will send it away to apple - but it might cost me £204 - I will have paid £40 a month for 24 months - and now I need to pay more. They deny that I bought the phone from them - I only bought a contract - apparently I bought the phone from apple. This is bonkers. I don't normally take issue with stuff but surely a phone that is on a 24 moth contract should last 24 months?? Not according to vodafone!

 

Help!

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks I did try a link in another thread to that but it didn't work - but I've done it now

WRT135 [#10161486]‏

thanks

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and this WRT135 [#10161501]‏ because I forgot to put CAG in the first Q and thought I'd better so I did it again.

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Thanks I did try a link in another thread to that but it didn't work - but I've done it now

WRT135 [#10161486]‏

thanks

 

My apologies, I had been informed of a new link, but was a little slow in changing the stikky :(


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am not sure if you will receive a response from the Rep now until Monday.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No that's OK, thanks for all your help - this is a great site :)

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The issue you might face is that the battery will possibly be classed as a consumable item which isn't covered under the SOGA.

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Thanks Maxx, that’s good info, in the iphone the battery is not accessible and vodafone want to charge me for replacing the whole handset - so despite the SOGA I should at least be able to get them to ONLY charge me for the battery replacement?

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got mine from three but took it to an apple store. they changed it no questions asked 14 months into the contract

  • Confused 1

:???: what me. never heard of you never had a debt with you.

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Thanks Maxx, that’s good info, in the iphone the battery is not accessible and vodafone want to charge me for replacing the whole handset - so despite the SOGA I should at least be able to get them to ONLY charge me for the battery replacement?

 

The best bet would be to take it to an Apple Store, or an authorised Apple repairer, if it is just the battery that needs replacing. They should be able to do it, and since it was done by Apple themselves (or someone authorised by Apple) there can be no claims that you've voided the warranty or invalidated any claims under the SOGA for other problems down the line.

If nothing else they can either confirm that it is just the battery, in which case it is a consumable item and so no claim could be made under the warranty/SOGA, or they can advise that the issue infact isn't the battery but something else, in which case you would have a claim under the SOGA against Vodafone to have it repaired/replaced for free.

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I think that this thread will be applicable for my comment.

For the last couple of weeks,I have had a problem with the home button on my Iphone 5.After I had been using the phone for sometime(tethering),or even using the phone to browse the web,the home button would not work properly and the phone was getting warm.

So I finally took the phone to the Apple shop at Leeds.They took a look at the phone and told me that the battery was swelling,you could actually see the screen of the phone bending slightly.This was causing the home button to malfunction.

They checked the serial number of the phone with their records and told me the phone was out of warranty.How much I asked,£165 was the answer.

They then told me that the battery should last longer than a couple of years,so they would give me a brand new phone to replace my faulty one.I walked out of the shop with a brand new phone,but it only has a 3 months warranty with it.

So,if anyone is experiencing faults on their Iphone,I recommend to get to the Apple shop.

You will have to make an appointment if they are busy,but they will see you within a couple of hours.

I have since checked up regarding the battery,if the phones serial number falls within certain parameters,you could have a new phone or new battery.

There is also a replacement programme for faulty ON/OFF sleep button.

Before anyone asks,my phone is on contract with 3.

I have enclosed a link for the Apple shops and the article regarding the battery.

 

https://www.apple.com/uk/retail/storelist/

 

https://www.apple.com/uk/support/iphone5-battery/

 

http://appleinsider.com/articles/15/03/06/apple-extends-iphone-5-battery-replacement-program-into-2016

 

 

Regards,John.

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