Jump to content



  • Tweets

  • Posts

    • what else does it say you have to do? date for ws exchange? date vcs has to pay a fee?  
    • Updated revised defence for review/comment, regarding item 2. Where do I corporate the details of the CCA request and their lack of response?   Defence   1.  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim.    5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020.   6. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:-   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Are you saying that all private parking Land has a default length of time to park?
    • Not only that but we now have a plug-in which has returned the edit and report buttons to the bottom of each post alongside the quote button. You can now use those or the ones under the ellipsis At the top right post.  
    • you should certainly never be responding to any emails or texts or phonecalls from anyone about any debt no matter it's type block and bounce all email addresses used and report texts as spam etc.   In the UK DCA's simply scam people out of free money that goes directly into their pockets to pay for staff drinks and free holidays abroad because most people blindly think that a DCA has some form of magical powers and wet themselves and cough up on any ole debt they chase   so you can't really blame CLI for trying it on for a foreign debt..esp as its a FINE..which conjures up all kinds of scary things like courts and prison and arrest if not paid.    
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

whatever happens knowhow cover


Please note that this topic has not had any new posts for the last 708 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 153
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

I think I need to add here that the calculation you have to make which I referred to in my previous post – must be balanced against the risk of you losing the case.

 

I think that your chances of success are very high but of course you will only really find out on the day of the hearing when the judge makes a decision. If the judge finds against you then you will have thrown everything away and you will probably feel very angry.

 

This is all a serious consideration. I suppose that the end of the day the case will turn on the meaning of "mishap". It is clear to me that there is a conflict within the know-how provisions because on one hand they talk of mishaps and on the other hand they try to exclude liability for an accident.

 

Assuming that you decide to continue with your claim, you will have to point out to the judge that the know-how cover has been carelessly worded because it contains conflicting language. You will have to point out to the judge however that the defendants are well resourced and claim to be experts on what they do and so it would be for them to assure that the know-how cover policy is properly drawn up. You would have to asked the judge to accept that you are simply a layperson, a customer with no special knowledge and you are relying on the spirit of the know-how policy and that you are not a lawyer who is expected to be able to analyse the language in fine detail. Therefore any ambiguities in the wording should be interpreted against the larger better resourced defendant. Any ambiguities should be resolved in your favour as you are the customer and you are the weaker party.

 

In law this is known as the contra preferentum rule. This rule says that any ambiguous provisions in a contract will generally be interpreted against the party seeking to rely on language – especially where that party is responsible for the language and is the dominant party in the relationship. The defendant here is definitely the larger dominant party. In legal parlance you would describe them as "the better loss bearer".

The loss to them is insignificant. The loss to you is significant.

Link to post
Share on other sites

I just like to say thank you to everyone on this forum especially Bankfodder for support and advise. Today I have agreed to settle out of court with PC World for the sum of £220.

Link to post
Share on other sites

Good result. Well done.There is a donate button somewhere!!!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...