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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
    • VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.   It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 
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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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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      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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Bought Misleading Online Course Based In USA


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Hi all,

 

I am really sorry but I do not know where to put this.

 

I bought an online course. It had a no refund policy and was based in the USA. After going through it - I have realised that the claims made in the sales pitch were very misleading and some were lies. As what is stated in the course is quite different to what is stated in the salespitch.

 

I asked for a refund and was told flat out that it would not happen and then was told that everything I said was wrong - my perception and the facts and that he could prove it. Then was told he would not respond to anymore messages about it.

 

I have spoken to several other people who have felt mislead too. They have been successful at taking the company to small claims in the USA. In fact there seems to be quite the awful trail if you look for it online.

 

I have contacted my credit card company about this and I am waiting to hear back. The amount was £600.

 

As the company is in the USA - what can I do about this? Will the credit card company help me or do I need to do something else?

 

Any help would be greatly appreciated.

 

I get that they had a no refund policy which would have been fine if the salespitch hadn't basically lied. I know the UK law does specify that marketing should not be misleading etc...however as this is a USA company I am not sure how to deal with it.

 

And yes I know I was dumb and it is the first time I have fallen for this crap and I am disappointed in myself but well live and learn and I know it won't happen again.

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Your credit card provider is equally liable for this mis-selling (under section 75 protection), so to avoid the complications of it being a US company: You've done the right thing:

a) asking the company for a refund, and

b) informing the credit card company.

 

Given the company has refused a refund, if the credit card company do as well, threaten the credit card company with taking a small claims action out against them in the UK

Purchases from abroad are covered, so don't be put off.

 

What I'm unsure of is the potential 'wrinkle' that if you do have to issue a 'small claims track' claim,

the card issue may refer you to the T's & C's of the purchase,

so if there is a term regarding applicable law.

 

They won't be able to argue jurisdiction (that it should be heard by a US court), since you aren't suing the US company but the UK card provider ..

... but they might try to argue that any assessment of misrepresentation should be heard according to US law.

 

 

owever, they'll likely settle before then (the cost to the card provider involved with it going to the initial arbitration stages the card provider will be required to use by MasterCard or Visa will make them likely to settle a claim for £600-odd that has a good chance of success before it reaches that stage).

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yep go do a section 75 reclaim

 

 

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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name the company too

 

 

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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Thread moved to the appropriate forum.

 

Regards

 

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 OTHER

 

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  • 3 months later...

So I finally got a reply from my credit card company and they said this:

 

"In this instance we have no clear evidence of a breach of contract or misrepresentation by the merchant, the points you have raised regarding the marketing content are subjective to interpretation by each individual and their personal opinions.

 

As there can only be a valid claim under Section 75 if it can be evidenced that there has been a breach of contract or misrepresentation from the merchants we would be unable to progress your claim."

 

I don't really get how they can say that.

 

I sent them the marketing video and pointed out the false claims made compared to the actual content received. They aren't subjective because the content given isn't what is said they would give in the video and marketing material.

 

I sent an independent report from a company who assessed the claims versus the content too.

 

I have also spoken to several other people who have gotten refunds due to the misrepresentation.

 

So what do I need to do next?

 

Thanks for you help

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Send them a letter before action, noting they have 14 days to reconsider, or you will ask a court to decide. Only send this if you are willing to carry this through if they don't reconsider.

 

If they don't refund you, issue a county court (small claims track) claim, holding the credit card company equally liable for the misrepresentation, and allow a court to decide if you are correct that there was misrepresentation, or that they are correct that there wasn't.

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Thanks for the help. I don't feel like the evidence I gave was subjective but am wondering if there is someone I could get to look it over beforehand? Obviously..the fact that this same information was given to other card companies who instantly refunded made me assume that it is enough evidence. So not sure.

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  • 4 weeks later...

Hi

I have sent my letter before action today.

They gave me the tesco complaints address to send it to...which is glasgow based.

 

Is this going to be a problem for a small court claim?

Does it need to be an England address?

 

I have a feeling I will be putting the claim in in a few weeks time so want to make sure that it being a glasgow address is ok?

I am not sure what other place I am suppose to send the court claim - they just told me the complaints address.

 

Thanks for the help

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that's ok

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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  • 3 weeks later...

I got a text message from Tesco a week or so ago...saying they would respond.

 

It's been over the time I alloted them

 

today I was about to set up the small claims thing

- hwoever I got another text message from Tesco saying sorry their response is taking longer than I wanted.

 

So do I wait?

And how much more time should I give them?

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why a text message to a written letter?

 

I would be inclined to phone whoever it is sending the texts and tell them thatyou expect a written response as required under Civil Procedure or it goes to a claim withour further notice.

 

the do just that rather than make more noise.

 

You could phone and ask for their litigation dept to get a name or it will be sent to the name of the CEO of Tesco's as he is responsible for everything legally speaking

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I received a letter response this morning that they are uoholding the decision...so next step I guess is small claims. I don't really get it considering I know people have received refunds from their card companies. I sent all the same information.

 

Any advice on how to word it?

 

Thanks

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Also I think the problem is..when I asked for a refund, access to the course was taken away so I can't show the difference between course material and the salespage - is this the problem do you think. Not sure why others are able to get refunded on the same information though.

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Well Tesco do not seem to care so just going to pursue small claims now. Hopefully they will look at it properly. Tesco were not interested in any of the information or the additional information I could have provided.

 

I will name the course name. It is an Anthony Morrison course. Fan Page Domination. All his advertising says FREE method - he even has high profile people endorsing it - but it is all a lie. The material doesn't reflect it whatsoever. There are just over 1000 members in his facebook group for it and not one success story - if someone feels misled their message gets deleted.

Edited by dx100uk
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  • 4 months later...

I ended up doing the FOS route not realising how crap they are.

They have come back with verdict that they didn't find it misleading.

 

Is it still too late to do small claims court or can I now do that.

I bought it last April now and its nearly a year on.

The FOS took ages to respond.

 

I want to now send tesco another letter before action and then do small claims against them.

 

I am part of a group of people who got done over here and all of them have been successful.

They are all USA based and their credit cards had no problem refunding them..

.so I feel I should push it to let a court decide.

.but of course only if I still can otherwise I get I will have to let it go.

 

Thanks

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You've already given Tesco (I'm assuming as the card issuer) a LBA. Which should have said that you could issue a claim without further reference to them??

 

If so, don't give them any more chances and just issue the claim. For £600 they'll probably just settle it without a fight to be honest, it would cost them more to defend than the claim is worth.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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have you referred Tesco to actual evidence numerous other card providers have honoured section 75 claims

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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Share on other sites

have you referred Tesco to actual evidence numerous other card providers have honoured section 75 claims

 

They were not interested in seeing it when I said I can give them the evidence, The ombudsman said it didn't matter either.

 

I gave them an independent review from an organisation that showed it was misleading, then I showed them the webinar and pointed out what was misleading and they were uninterested. I also gave them other information too. I do not think that they even watched the webinar - they seemed very uninterested in what I provided.

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Tesco gave me a glasgow address to write to but the money claim only allows for england and wales addresses. Not sure what address to put down for tesco - any advice on how I go about getting an england address? Thanks for help

 

Could I just send it to this one: Tesco PLC

Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA

 

Or does it need to be the Tesco bank one..if so that one is glasgow and I am not sure what to do as money claim only allows england/wales address.

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