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    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
    • Thankyou FTM   What I had sent in was a DEFENCE whoch was prepared/drafted by one of the appealing companies.   Since the defence they have vanished. Their email is now returning ' undeliverable'     The bundle I received today from the PPC has everything in it, including the claim form, my DEFENCE and their WS.     I am happy to redact and post the whole bundle and then you have everything.     Am I able to post the whole bundle here redacted?    the 18th January is deadline to send all documents to Claimant and court , that the DEFENDANT wish to rely upon in the final hearing . These must be in a bundle and DEFENDANT must bring the originals to the final hearing   The 1st February the C and D must send to the court and to each other copies of their own witness statements and those WSs they intend to reply upon in the final hearing. The WSs must comply......etc..     so I think the January one is for documents/bundles and the February one for the WS.    What I filed previously was a DEFENCE which was a bit general in some points rather than specific to which the claimant WS has referred to            
    • Right ... you can't file a new defence, what is done is done.   I don't really understand the difference between the  18 January deadline and the 1 February one.  In any case there is still time to respect the 18 January deadline and as a LiP you will be given some leeway.   All this secrecy though is nonsense.  No-one can help you if you don't give any information.  Forget about all the "identifying" rubbish, these horrible companies have hundreds of cases going on and can't monitor each one.  "Someone is suing me about something I did somewhere" will get you nowhere.   It's highly likely we know the company and we know the car park and can immediately help you to fight back, but straight away please fill in    https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/   It's your own daft fault if mail regarding a legal dispute is arriving at an address which isn't yours.    Please post up - redacted - the correspondence with the PPC including their WS (if that is what is was).
    • How about telling the pets' owners by message that you're not happy with their attitude about non-payment and not giving you their new address.   Accordingly, you'll have no option but to use their old address ( which you're entitled to do - debt chasing solicitors do this all the time ) to issue a court claim to recoup your losses, issued to their last known address.   So they either deal with what they owe (you could negotiate  a compromise maybe); or deal with the court claim if they have access to post at their old addess; or end up with a CCJ against them.
    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Roman Originals Stores ...No fitting room


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Hi to all.

My severely disabled sister bought a dress and the store didn't have a fitting room.

It doesn't fit when she got it home.

I've googled and it seems shops don't legally have to provide a fitting room, let alone disabled, or allow you to try clothes on.

What I can't find is can she get a refund or must she accept a credit note.

Thanks

Paul

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Name of store please Paul.

 

 

Andy

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Returns to store

 

We are happy to exchange any item returned to our Roman Originals stores with your receipt within 30 days (excluding delivery charge or discounts). In the unlikely event you are unable to find anything to exchange we will offer you the refund on a Gift Card.

 

https://www.romanoriginals.co.uk/terms-and-conditions

 

Thread title updated.

We could do with some help from you.

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I would argue that as they havent provided anywhere to try on the clothes then you havent actually "inspected" the goods so the contract is not yet complete.

As they also confuse over the counter sales with distance sales in ther blurb and the latter give you rights their blurb denies then the rest of their conditions arent worth a damn anyway.

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The terms and conditions seem to only apply to web orders.

 

These Terms and Conditions refer to:-

 

a. your use of the Roman Originals.co.uk website or any subsequent URL which may replace it (the "Website"); and

b. your relationship with Roman Originals, with whom you will enter into a contract for the purchase of any products advertised on the Website (the "Products") that you decide to order.

 

She bought it instore?

 

I thought, from memory... if there was no way of trying clothes on instore you were entitled to a refund if they didn't fit when tried on at home?

Provided they were 'as bought', with packaging, labels etc intact.

How else could you know if they fit or not?

 

Thanks

Paul

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They were the only T&Cs I could find and am aware they refer to online shopping ...but the line " We are happy to exchange any item returned to our Roman Originals stores " would apply to all purchases and returns and refunds methods and therefore your rights would be covered by the CRA 2015.

 

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

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Well... it seems my dear sister has wasted my time and yours, which I apologise for.

She's been back to the store this afternoon.

No refund.

The assistant pointed out these terms on her receipt.

She accepted a credit voucher.

Looks like she's joining the many more on Trustpilot and other review sites.

Not many have a good word about Roman returns policy, customer services and staff, and won't be shopping there again.

Many thanks for all your help.

Paul

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The assistant pointed out these terms on her receipt.

She accepted a credit voucher.

 

If she paid by credit card, she could try lodging a complaint with the CC company.

 

As for printing the T&Cs on the receipt that is issued after payment has been accepted sounds totally wrong. Don't suppose they have a sign in store in a prominent location where this terms are set out ?

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Hello Mr.P and all.

I thought the same as you.

However, just rang Citizens Advice and I can't believe it but Romans are within their rights!

If you buy in-store and their terms state 'no refunds' then you must abide by it.

Vouchers etc are fine.

Don't know if they have T&C's displayed in store as well.

If you buy online that's a different matter, you get your refund.

Unless you're one of the many on Trustpilot.

 

regards,

Paul

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