Jump to content


  • Tweets

  • Posts

    • I'm afraid that you are dealing with an on-premises contract and so you are not entitled to any cooling off period. The only way to deal with this will be as I have already suggested, to assert your right to rejection under the 30 day rule contained in the consumer rights act. So write the letter now. Which dealer are you talking about? What is the car – make, model, price, mileage? Of course with your letter you don't need to go in mob handed. You can start off very gently but make sure that the letter does assert your rights. You never know, you might be dealing with that very rare creature – a second-hand car dealer who is proud of what they do and of the service they give. By the way why do you tell us about your earlier car because it sounds to me as if you might have some recoverable damages there. Start a new thread for that one. Just because you have got rid of it doesn't necessarily mean that you have no opportunity to get some of your repairs money back if you tell us all about it.   While you are dealing with this problem, you will acquire some transferable skills which will allow you to sue other people with greater confidence so you may as well start applying them immediately. It's all about economies of scale – if you get what I mean.
    • thanks dx makes complete sense now for point 2 all I have is chase letters from lowell nothing really to prove the debt. surely I get the case set aside and it starts the whole process again they have to provide paperwork to prove the debt or at my worst contest the interest.  then normally lowell when contested they cant provide any proof? worst case I'm hoping to get case set aside and then lowell make me an offer or something for 50% off? I reckon  that's worth a shot? 
    • Not much I can do for the next week or 2 until all the payments have returned to PayPal then obviously wait for the phone calls. I’m going to ignore any calls, letters and emails from DCAs. I’ll ask PayPal to only partially freeze my account so I can make payments from my old bank account to gradually pay it off. I’m hoping if they see I’m making regular payments (whatever I can afford) on a weekly basis that this will keep them from taking it to court even though I’ve been told numerous times that they won’t and can’t go to court anyway.  I’m hoping that the light at the end of a very very long tunnel shows it’s face soon because this is making me ill. 
    • Another victim of an industry that shouldn't exist, just hope he hasn't binned everything as usually there is something where the fleeces shoot themselves in the foot, making any claim doomed if defended.
    • Probably about, 4 to 6 months before it goes to Debt Collection.   It it were me with such a debt, I would contact Paypal advising of the gambling addiction and advise that I would pay £10 per week or whatever was affordable.  Don't send them any budgeting information if they ask for it, as you would be correct to withold it on grounds of your data protection confidentiality.   Ignore Paypal refusal of payment amount or request for higher amount. Simply state affordable amount is £x per week and just keep paying them the amount, until they stop accepting it. Then record any rejection of payment. Ignore any Debt Collection letters and advise that you will only deal with Paypal.    
  • Our picks

icemen

whatever happens knowhow cover

style="text-align:center;"> Please note that this topic has not had any new posts for the last 403 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

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.


Share this post


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.

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...