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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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Donna anram

PC world macbookpro

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On 26th jan I purchased a MacBook Pro from pcworld.  Set it up but never used as took hours and hours. 27th I try to install the security software which send you to a phishing site and as a precaution I took it to the tech desk to get it set back to factory setting as I had not used it.  29th jan I am told it’s done, I try to reinstall it and error messages keep coming up.  I call tech desk (country wide one) and he aid take it back as it is new and get it replaced.  I take it back and the tech man in the shop said he can fix it while I am there.  After an hour he says he can’t atm and asks the manager if I can have it replaced. The manager said no it’s a software problem.  The machine was fine when I took it in on the 27th, it was a precaution just to put it back to factory settings.  The tech man then says if he cannot fix it by 31sr it will need to go to Apple.  This was £1400, I have not used it except for start up setting up,  is this legally right? It was fine when I took it in, not even been used and I have no laptop? They also sold me security software they know has issues with [problematic] as the tech man on the phone told me they have had 100’s of call regarding this.  

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You should not need to install any other security system,

Take it back to PC World and ask for a replacement they generally oblige

FS

 

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I have and it’s in for repair again and they said if they can’t fix it it will have to go to Apple.  It went in in fine health it was a precaution I wanted it reset which is where the problems have arisen and the mackintosh hd has locked and now there seems to be other issues even though he managed to unlock this. The manager said no it’s a software problem.  I have spoken to head office and they say I am entitled to a new one under the consumer act but the store says no.  Just to add I am a polite customer, never rude etc so it’s not like I have rubbed them up the wrong way. 

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 If you Purchased 26th Jan 2020 you simply return it to PC World and ask for an exchange as it is not fit for purpose.If you have met a really awkward Manager, don't bother with him email the CEO of PC World "Mark Jones" or telephone him 

fs

Edited by firstship

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Under the Consumer Rights Act you are entitled to reject the item if a defect appears in the first 30 days.  This right needs to be asserted in writing.  It is called the "short term right to reject".

 

Write to them now and say that you are asserting your right and you are rejecting the computer and you want a refund.  Send this message by email and letter and send a copy to the CEO as advised above.

 

Don't expect it be easy.  PCWorld Currys quibble about everything - but at least assert your right - and then we will advise you as to your next step


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Thank you all for your advice, went back in there an hour ago and a new day, a new manager authorised a replacement but I have to wait now as none in stock 🙄

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That is good news, how long until replacement??

FS

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