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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Impossible to contact provider was singlepoint now Vodafone.


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My mother has a very old mobile phone contract with no data and she doesn't have broadband at home. We now need to get her onto a new contract. I foolishly thought this would be really easy but no. Originally she was with Singlepoint who were bought out by Vodafone. She says that her last paper bill has contact details for vodafone, but when I contacted them they have no record of her number on their system. She texted PAC to 65075 but this replied with an error message saying to contact her provider.

I phoned Ofcom - they said to check her direct debit details. It says she is with Vodafone. Can anyone help me?

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First of all, why do you want to get her into a full contract? Is it that you want a different telephone? If she is happy with the same telephone then she might consider moving to a monthly arrangement with GiffGaff for instance. There are one or two others also that do monthly contracts which are hugely flexible.

Has she always lived at the same address? In other words are the details that are with her provider up to date? I think that you should contact Vodafone again and give them the direct debit reference numbers – presumably they will be on the bank statement and see what they say then. After that I would send them an SAR.

If you are trying to move provider, of course there is a possibility of the telephone is locked to Vodafone – and you would need to get it unlocked. That also would need Vodafone to recognise that you are indeed a customer.

Try calling them and if that fails then send an SAR. If you call then you should read our customer services guide first

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  • dx100uk changed the title to Impossible to contact provider was singlepoint now Vodafone.

Yes that makes it difficult. Is she up to doing the telephoning herself? You could think about organising a Skype conference call – if she has a computer.

If you are not able to set it up herself then maybe you could do it remotely using teamviewer which for personal use is free. You have to install on your own computer and then send your mother an email with a link in it which she would click open and it would pretty well install itself and you would then be able to operate her computer remotely.

Does any of this kind of information help? In terms of sending Vodafone the SAR, that should be easy enough. You can jot it yourself and frankly you could sign her name – giving her address and various reference numbers et cetera and see how that went.

The careful about Vodafone because sometimes they want particular forms to be filled in – and in fact it is unlawful to impose any formality is in the way of getting a data disclosure.

I expect there's probably a link on their website https://www.vodafone.co.uk/gdpr-sars-form/  and see how much of the form you can fill in. As I said, you don't need to fill in this form – you can simply make a request by ordinary email or by letter – although I imagine that Vodafone will then demand that you complete the form which as I say is not necessary and it is unlawful to insist on it. But I'm afraid that's Vodafone for you they are dinosaurs and bullies and one of the worst complained about mobile phone providers in the country and have been fined more than once very heavily by the regulator

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