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    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
    • I can ask the secretary. The mechanic does not wish to talk outside discussing work to be done.
    • i've been thinking this for a while regarding simon and these money making schemes that are not enforceable that he conned loads of seaports and airports to sign up to across the land whereby they already have byelaws covering the activity of motor vehicles upon their lands enforceable by a magistrate.   i think its about time we upped the anti another notch and we begin to stop referring to his signs as 'signs', but now use the term of 'advertising posters' and link that to dropping in the term 'after 10mins the driver by default is automictically enrolled in the moneymaking scheme'   these schemes are akin too... say a free sample of a face cream popup on facebook whereby one accepts the free gift, only to find that if you don't cancel within 30days you've automictically signed up at an extortionate rate, to receive a jar of the cream every month for a year.   just musing.   • The signage is prohibitive in nature and not a genuine offer of terms for parking for the motorist to consider. 
    • I think that it would be helpful if you could get that point confirmed in writing from the mechanic. You will need to get a document which identifies the poor fitting of the turbo and the effect it has had on things like the gasket. Are you able to do that tomorrow?
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

@curryspcworld @TeamKnowhowUK refused to honour purchase


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2 places never to go with any complaint resolver and CAB!!!

https://www.consumeractiongroup.co.uk/topic/413250-currys-pc-world-amp-knowhow-whatever-happens/page/2/#comments  

Thanks. I’ll post the defence here when I receive it.

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You seem to be in some doubt.

The outcome is a foregone conclusion. You will win. The only question is whether they will put their hands up or they will see you to a hearing.

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Make sure that you track the return of the item and keep a paper trail of its safe delivery.

 

In the meantime, register with Moneyclaim and start preparing your claim.  99% they will not respond to your LBA or else they will refuse you so get ready now.

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currys have provided a DPD drop off label with tracking so I will use that. 

i have just registered with MCOL. do i begin new claim now or do i wait 14 days?

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You may as well start the process now. You can save your work so that you are ready to click it off on day 15.

I don't know why but I have a funny feeling that there has been some issue about the name of the defendant and that they put in an objection at one point because the action was addressed to Currys and it shouldn't have been or it was addressed to DSG and it shouldn't have been.

You should find a reference to it in one of the threads here that it may be a bit of a hunt.

What is the name on the receipt?

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Blimey - that was a quick response!!!

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I'm sure that's fine – although these people are extremely petty and like to cause trouble for nothing so you might like to address the claim to DSG retail Ltd (full company name) t/a Currys

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yes it will be DSG retail limited as that’s the name on my invoice. 

 

i am not sure what to write on claim particulars now. do i claim for full RRP of macbook pro 15 & 8% interests?

what if they refund me for the mbp 13, does that change what i claim for then?

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I proposed a draft for you here

if they haven't refunded you by day 15 then claim for the full recommended retail price of the computer which you contracted for plus interest. If they refund you then of course subtract that from the full retail recommended retail price and claim that plus interest.

You should realise that if they don't put their hands up immediately then this could go on for six months. In that case if you need a computer then you should go ahead and buy one somewhere else in which case if they try to offer you a computer instead of money, then you should refuse it and tell them that it is too late. In that case insist on the money.

 

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On 24/06/2019 at 14:55, Andyorch said:

thank you

 

for the claim particulars what ebay auction reference number should I be using? is it the order number on my order confirmation email from eBay, or is it the eBay order reference number on Currys paper invoice? on the ebay email obviously the item was a MBP 15, on Currys paper invoice the item was MBP 13. do they matter?

 

ps there is no order number on the electronic invoice.

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The objective is simply to allow them to identify the transaction. If there are two reference numbers then put both. Put eBay reference numbers X X X, invoice number ZZZ, dated X X date X X

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ebay generated their own number for orders - in my order confirmation email it was 05-03481-54910. currys has their own reference number which was EBY1000XXXXXX, and there was an invoice number on electronic invoice. include them all?

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Why not.  Make it clear what each ref number is

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so my claim particulars is this:

 

Quote

The defendant company advertised a laptop computer Apple Macbook Pro 15'' with Touchbar, 256GB SSD, Space Grey (2019) on an eBay auction: eBay order number 05-03481-54910, Currys PC World order reference EBY1000248637, Invoice number 1342689 for a promotional price of £1808 (total paid £1708 with eBay voucher code). The claimant succeeded at the auction and paid the asking price. The defendant then sent a different model computer of a lower value. The defendant refuses to supply the contractual goods. The claimant seeks £2349 being the full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

there is still one line remaining so more details can be added 

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On 24/06/2019 at 18:04, Irt8787 said:

so my claim particulars is this:

 

The defendant company advertised a laptop computer Apple Macbook Pro 15'' with Touchbar, 256GB SSD, Space Grey (2019) on an eBay auction: eBay order number 05-03481-54910, Currys PC World order reference EBY1000248637, Invoice number 1342689. The full retail price is £X X X but it was on offer for  a promotional price of £1808 (total paid £1708 with eBay voucher code). The claimant succeeded at the auction and paid the asking price. The defendant then sent a different model computer of a lower value. The defendant refuses to supply the contractual goods. The claimant seeks £2349 being the full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

there is still one line remaining so more details can be added 

 

I would put in a couple of edits. There's no need to start going on about the voucher. That just complicates and confuses the issue and has nothing to do with Currys.

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the full retail price was Apple's retail price. the item was listed at £1808 on ebay for Buy It Now but Currys did not mention the rrp in the listing or say it was on offer. so maybe we cant use the wordings currys made it clear what the rrp was

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Okay, I've amended the draft – but does Currys sell the model that you actually tried to buy? And what is their price of it?

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yes they currently have it listed on eBay in different colour (silver) @ £2349 , same price on their own website for both space grey and silver

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Okay great, that reduces the amount of money that you have to sue for.

Could you just post up what you are going to use in your draft particulars of claim and I'll edit it accordingly

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I made a slight amendment myself. i am claiming for difference in price (£2349 - £1708)     *not sure about the amount that I should claim. item sold for £1808. the amount that I actually paid was £1708 as ebay code made the price £100 cheaper

 

current draft:

 

Quote

The defendant company advertised a laptop computer Apple MacBook Pro 15'' with Touchbar,256GB SSD,Space Grey(2019) on an eBay auction order number 05-03481-54910,Currys PC World order reference EBY1000248637,invoice number 1342689.The full retail price is £2349 but it was on offer for a promotional price of £1808.The claimant succeeded at the auction and paid the asking price.The defendant then sent a different model computer of a lower value.The defendant refuses to supply the contractual goods. The defendant has refunded on return of incorrect item. The claimant seeks £641 being the difference in full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

Edited by Irt8787
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Quote

The defendant company advertised a laptop computer Apple MacBook Pro 15'' with Touchbar, 256GB SSD, Space Grey(2019)on an eBay auction order number 05-03481-54910, Currys PC World order reference EBY1000248637, invoice number 1342689.The full retail price is £2349 but the defendant offered it for a promotional price of £1808.The claimant succeeded at the auction and paid the asking promitional price of £1808.The defendant then sent a lower spec model computer.The defendant refuses to supply the contractual goods.   The claimant has returned the incorrect item and received a refund of £1808 but continues to refuse to supply promotional the computer agreed and paid for in the contract. The claimant seeks £641 being the difference between the sum refunded and the full value contracted-for item or else specific performance of the contract.

 

You won't be able to claim interest on the £641 because you haven't actually paid that out. You could have claimed  interest on the money that you paid – the £1808 – had it not been refunded.

Does what I have drafted above fit into the word limit in money claim online?

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