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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
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Defendant courier insists no 'implied contract' for failing to deliver parcels


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Dear Forum Members - I am seeking help with a case I have started against a national courier who systematically confiscated several parcels which were on-line purchases from high-street retailers.  I argued that since the courier intentionally collected the parcels from the retailers, then sent me text and e-mail updates advising of the imminent delivery of the parcels, there was an 'implied contract' which was breached each time a parcel was not delivered.  In their defence received yesterday, the courier argue that there was no such 'implied contract'.  Of the 11 parcels involved, they have only managed to track two which they confirm are assumed lost.

 

(i) I have kept a comprehensive record of the chronology of events;

(ii) there is copious e-mail correspondence which corroborate my chronology including complaints which I filed;

(iii) the courier failed to respond to a 'Subject Access Request';

(iv) the courier failed to respond to the 'Letter before Action'.

 

My damages comprise time lost from taking time off to wait for the parcels in 2019 (the value of the parcels was refunded by the retailers). But for the fact that the courier promised specific delivery time slot, I would have not taken time off work to wait for the parcels and wold have saved myself leave days.  This was compounded by the fact that the courier's conduct was 'systematic' and apparently 'malicious' for what ever reason.

 

I would welcome comments, ideas, steer and any other notions which might guide me please.  Attached are my 'Particulars of Claim' and the recently received defence.

I look forward to hearing from you.

With thanks & best wishes. Maketa

 

Attached file:

 

img20201031_15563304.pdf

Edited by Maketa79
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Who is the courier?

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You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.

 

You've been here since January and it's a shame you didn't come to us before starting this

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Thank you BankFodder for reading and responding to my post. 

(i) I'm sorry I did not mention the courier's name because I suspected there is a need to anonymise the case.

(ii) With regards to the 'story' I have, hopefully concisely set the scene in the Particulars of Claim, that is the gist of the matter.  The defence provided by the courier puts their case from their side. 

(iii) I try to seek help as a last resort in view of how busy people are I tend to fear that I might be a bother.

Perhaps you might help me by pointing out where I might have missed a 'trick' please. I would be most grateful for your help.

Edited by Maketa79
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If you want to save us all a lot of time, you can tell us the whole story in a chronology without too much narrative including who you are dealing with.

We really can't say if you have missed a trick until you lay it all out.

 

In terms of not wanting to bother us, - very noble, but it is less of a bother if you come to us first so that we can help you to get it right first go

 

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Thank you BankFodder for the feedback and learning; here is the chronology which encapsulates the 'story'.  All parcels listed below were never delivered (for no apparent reason - the reason stated on the messages I received was that 'customer has no knowledge of purchases' ) by the courier who I'm cautious not to name in case there are legal implications for me personally. This matter is now in the Court system. I would be grateful if you could please confirm that you have seen the defence.

Chronology

Retailer

Date goods ordered

Date goods collected from retailer & promised for delivery by xxxxxx

Comments / Breach of contract

Holland & Barrett

23/09/2019

27/09/2019

Parcels not delivered – returned to H&B

Debenhams

27/09/19

07/10/2019

Parcels not delivered - returned to Debenhams

Holland & Barrett (re-order)

01/10/2019

07/10/2019

Parcels not delivered – returned to H&B

Debenhams

29/09/2019

01/10/2019

Parcel not delivered - returned to Debenhams

Debenhams

29/09/2019

01/10/2019

Parcel not delivered - returned to Debenhams

Debenhams (re-order)

01/10/2019

07/10/2019

Parcel not delivered - returned to Debenhams

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I'm very sorry but this is very scant information and it certainly doesn't lay out the story in the way that I asked. Also there is absolutely no reason why you shouldn't identify the courier. as long as you are straight dealing and honest then it is better to bring things out in the open. we don't play secret squirrel here or get into any skulduggery.

we are very pleased to help you and support you but you will have to lay things out in the open so can we can fully understand and provide us with the information that we have asked for

 

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