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    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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clarkenuttal

Saverstore Delivered 16GB RAM instead of 32GB & Refusing to Honour Online Order

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What do you want from them?, and what are you asking for?.

 

IMHO the MOST you could get is delivery of the 32Gb memory (and you'd have to return the 16Gb, unused).

But, if you have now bought 32Gb of RAM elsewhere : is that still a solution you would agree?

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That's all I need actually!

Delivery of 32GB memory which was originally ordered and to return the 16GB unused on their expense.

 

 

I have bought a generic 32GB RAM to limit losses as previously mentioned so once the correct 32GB RAM is delivered I would sell off the generic 32GB RAM I've bought to get me going in mean time and limit my losses.

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That's all I need actually! Delivery of 32GB memory which was originally ordered and to return the 16GB unused on their expense. I have bought a generic 32GB RAM to limit losses as previously mentioned so once the correct 32GB RAM is delivered I would sell off the generic 32GB RAM I've bought to get me going in mean time and limit my losses.

 

So, why are you mentioning consequential losses to them?

 

To Customer Services

Saverstore.com

 

Respected Sir/Madam,

 

Thanks for informing me that you are not a member of ADR scheme. Your emails leads me to believe you might not be fully aware of the actual issue and the cause I am fight for. I would therefore take another opportunity to try explain the dispute and summarise it for your ease.

.......

 

As a result of me not receiving the correct RAM in time I have suffered significant consequential losses and therefore I do not accept your offer to settle Saverstore.com not fulfilling their part of contract by simply refunding me my Original price paid and therefore I do not accept this as a solution and therefore have no option but to reject your offer as I believe your offer is not a proportional redress (It doesn’t compensate me for various factors).

 

Little wonder they may struggle to work out what you actually want.

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So, why are you mentioning consequential losses to them?

 

Little wonder they may struggle to work out what you actually want.

 

 

I've told them in the past quite clearly that contract was formed for 32GB RAM so I need 16GB RAM delivered to settle the dispute however they weren't interested as according to them its just an advertising mistake.

 

Since saverstore.com are not members of ADR scheme

I have now been advised to try and take this issue up with Independent ADR scheme.

 

 

If saverstore.com doesn't reply to this or is not willing to go down this route either then next step as per advice will be to serve them with Letter before action and if they fail to act on it then take them to county court.

 

Either way this whole incident has now been reported to Trading Standards who are aware of this whole issue.

 

I've emailed them asking if they would be interested in going down Independent ADR route and replying me back in next 7 days but no replies yet.

 

Lesson for other buyers hunting good deals:

Always go for stores with good Brand Name and reputation as they are more than likely to have decent customer services who can look to resolve issues.

 

When you buy from companies like saverstore.com which are worse than your local corner shops

this is kind of customer services and issues you are likely to face.

 

You may save some money on a good day but if you have any issues you get treated poorly

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Slandering a company on social media is not a good idea. You have not made this allegation in good faith and the company can suffer a serious drop in revenue and harm.

Edited by Andyorch
Edited

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I've told them in the past quite clearly that contract was formed for 32GB RAM so I need 16GB RAM delivered to settle the dispute however they weren't interested as according to them its just an advertising mistake.

 

So why mention consequential losses to them?

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Slandering a company on social media is not a good idea. You have not made this allegation in good faith and the company can suffer a serious drop in revenue and harm.

 

The intentions here are to ensure no one endures same issues, problems and experience that I had to face.

 

 

It is neither done in bad faith nor with intention to malign this Company.

This is only done with intention of sharing personal experiences with other forum users to increase awareness therefore I've used this forum to discuss this issue rather than other social media such as FaceBook etc

 

So why mention consequential losses to them?

 

That is if this matter doesn't get resolved at this stage and ends up in small claims court.

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I need help in how to progress to next step.

 

 

Since Saverstore were not members of ADR scheme

 

 

In my last communication with Saverstore I asked them if they would like to go through independent ADR scheme and I requested them to inform me of their decision in 7 days time.

It has been over 12 days however I havent heard anything back from them.

 

At this stage should I contact Independent ADR scheme myself or do I need Saverstore's agreement to proceed to independent ADR scheme?

 

 

Or shall I proceed with Letter of Intention to take saverstore.com to court instead?

 

Suggestions will be highly appreciated

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To be honest if i was in your position i would just let sleeping dogs lie.

 

 

They do not have to respond as in my opinion they have not only the law but contractual rights on their side.

 

 

They have given a full and final response to your complaint and put you back into the same position as before the breach occured..

 

 

This is going to cost you time and money for what, 'Willy Waving'

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Guys after a long painful journey I manage to win my claim. I contacted Retail Ombudsman and sent them all my evidence and correspondence. After all procedures and timelines Saverstore failed to respond to any queries from Retail Ombudsman. Retail Ombudsman couldnt have pursued the matter further as Saverstore were not part of any ADR scheme. However using this in addition to all the case and evidences I contacted PayPal. PayPal following their procedure gave Saverstore the opportunity to explain. Once whole matter was concluded PayPal ruled case in my favour and their decision was to refund me my money and allowing me to keep my item.

I really appreciate for everyone who has helped me during the course of this matter and hope this will help others in similar situation to fight against online retailers who false advertise and dont fulfill their side of contract!!!!!

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