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    • Small attachment to an iPhone that cost £288.00.   I know anything that relates to Apple can be very expensive, but what was the attachment ?   Did you return the attachment product in its original packaging ?   How often do you buy products from Amazon ?   How often do you return products to Amazon ?   Could Amazon believe you are buying products to simply try out for a period, with no intention of keeping the products ?
    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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MrNumbskull

Part 36 offer

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A month ago I had a mediation appointment, where the defendant made me an offer of 20% of the claim value, which I refused.

 

As of now, there has been a change in circumstance where it is no longer necessary for me to pursue the claim. (The claim was for a poor car repair, but I have sold the car without having the work re-done). This leads me to consider that there isn't any 'loss', i.e. I am not out of pocket because I did not have the work done elsewhere. The only consideration is the time and grief involved.

 

I understand that anything discussed / offered during mediation is confidential, but, I would like to write to the defendant and accept this offer. The amount is very low and was the first offer made before I terminated the mediation, so I doubt that there will be any refusal on the defendant's part.

 

But, should the defendant refuse, I want to be able to show that I have offered to settle for a low amount, but that amount was discussed in mediation which I cannot mention.

 

I have also read that part 36 offers do not apply to small claims in this document under 'Timing of Part 36 Offers': http://www.stevens-bolton.com/files/8314/5286/2519/part-36-client-guide--april-2013.pdf

 

Have searched here but not found anything relevant.

 

Thanks

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Hi Mr N

 

Did they actually state it was a Part 36 offer and do you have it in writing as conformation ?

 

Regards

 

Andy


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Because it was mediation, I didn't speak to them. The mediator went between parties on the telephone. I am quite sure that Part 36 was not mentioned at all. I do recall that 'without prejudice' was mentioned though.

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I doubt it was also....just negotiate a settlement and then you can either discontinue your claim or finalise it by way of a Consent Order.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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