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    • I think final version of WS now prepared with exhibits added.  All numbered properly. Of course it can still be tweaked if necessary. Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son. But as DCBL messed up and thought it was WS time why not prepare things calmly in advance. Defendant's WS - versione 3 + attachments.pdf
    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
    • Our business was only transacted digitally as I was not in England at that time.  
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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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Return Mattress Ikea under DSR


DerekCor
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Thanks

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Hi,

 

I ordered two single beds/mattresses from Ikea which were delivered a week ago.

After setting up a bed and mattress, we decided they would not be suitable for us and completed a cancellation form with Ikea within 7 days of delivery.

 

They have advised me that they will refund the bed bases but only provide store credit for mattresses as they have been opened!

 

They were opened to inspect and also to check that there were no undue smells, which can be associated with memory foam.

 

 

The mattresses are unused, there is nothing in their terms and conditions to state that if opened they would not refund, nor in any of there pre sale advice.

 

 

We would never purchase anything online without the opportunity to inspect and return for full refund if necessary, so we feel we have been misled here.

 

The only reference I can find that may possible apply is an exception under the new consumer contracts regs with regard to items

"received sealed for health protection or hygiene reasons once unsealed"

I cannot think that would apply in our circumstances,

we have the right to inspect as in a shop and they are unused,

also they did not advise us anywhere that we would lose any rights should we open them!

 

I have emailed twice so far and they have refused to budge in their stance so any advice on this matter would be very much appreciated,

 

Thanks

 

Derek

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Thanks for the contact information, I will give that a try. Yes am aware of memory foam smell, but some I believe much worse and hang around longer, and no did not use as an excuse

but under DSR did not think I needed an excuse?

 

Regards

 

Derek

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Consumer Rights Act 2015

 

 

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:

 

Satisfactory quality Goods shouldn't be faulty or damaged when you receive them.

You should ask what a reasonable person would consider satisfactory for the goods in question?

For example, bargain bucket products won’t be held to as high standards as luxury goods.

 

Fit for purpose

The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.

 

As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

:mad2::-x:jaw::sad:
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you can return anything purchased online within 14 days under CRA

same as was with DSR

you don't need an excuse at all.

 

 

dx

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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