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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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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
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
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      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.
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Cancelling Currys eBay Purchase

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After the last week, it is with no surprise that I find that Currys has its own section here.


I ordered a large item from Currys eBay outlet almost two weeks ago. Before I ordered, the listing said delivery by Saturday 21st November but as soon as I paid, this changed to Monday 23rd or Tuesday 24th November. However, last week, I got an e-mail saying that it would be delivered on Friday 27th November. I was pretty unhappy about that so I decided to cancel the order and explained that I felt that their misleading delivery information had influenced me to buy from them deceptively and ordered a similar yet somewhat more expensive model elsewhere which even given the compressed timeframe will be delivered tomorrow.


I didn't get a response from Currys so I sent another message, then I was sent 'reply' to my cancellation request with a tracking number but no information on how to track the order as the link just said despatched. I eventually found from searching online that Currys has its own tracking system and when I entered my details, it said (and still says at time of writing) 'order in progress' and it can be seen from the attached screenshot that there are two subsequent stages before it could be actually considered at 'dispatched', i.e. 'ready for dispatch' and 'on its way'.


I think I have sent them six or seven messages via eBay and tried to phone five times. When I phoned on Friday, it rang for two minutes then went dead. On Saturday, I got a message saying that they were closed. Today, twice, it rang fro two minutes then went dead and I got another number which was a maze of options which would not allow me to actually speak to anybody.


Encouragingly, I got a reply from an individual at Currys yesterday which seemed to acknowledge the cancellation and said that it would be processed but since then I have had further 'replies' which just tell me that it has been dispatched.


I spoke to somebody at eBay who said that as Currys had marked it as despatched, there was nothing I could do to cancel the order now. They suggested that I raise a not received complaint on Wednesday, the day after the listing delivery schedule, and refuse delivery on Friday when it actually shows up. This feels like my only option being unable to prevent Currys from making an unnecessary delivery but what else can I do. I don't usually have any problems getting a refund when using eBay but this feels unusually messy and there is a few hundred quid at stake.


I feel that Currys is playing dirty on eBay. Firstly by giving misleading delivery timescales (practically a week late) and secondly, impeding buyers by marking an item as despatched when it has been clearly sitting in a warehouse fro several days. Did I also mention that it is impossible to contact them.


What is infuriating is that they seem to have found themselves with a near monopoly on large consumer items - many of the places which I bought from when I last moved ten years ago, don't seem to sell large appliances anymore. I just need to make a bit more effort avoiding Currys in future.




Edited by Geronimo1
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Of course Currys customer service is shocking. So what you're saying is no surprise.

The answer is a cause that you are fully protected by the distance selling regulations which give you a 14 day cooling off period from the date that the contract is complete – which means from the date that you have received the item – so long as they have also given you various bits of information about your cancellation rights et cetera.

So this means that if you have written to them and cancelled the order then your cancellation is effective. They shouldn't be sending you the item and frankly if they have sent it to you then they should be responsible for its return at their expense.

I'm not clear whether you have actually received the item? How did you pay?

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When you say that you spoke to somebody eBay, because you've been here since 2008, you know all about recording calls so you got recordings of then which is great. It's a shame that you didn't manage to get through to Currys on their various numbers because you could have recorded that as well and that would have been very helpful to you.

As you haven't managed to speak to them directly and so you haven't managed to get recorded evidence even though you are recording the calls, having been here since 2008, I suggest at the very least that you lay your marker down by writing to them and confirming your cancellation as is your right within the distance selling regulations.

You should certainly refuse delivery if you don't want it.

I would also suggest raising a dispute with PayPal.

Of course this is all a big nuisance – and if in fact you are simply cancelling because you are fed up with their changing delivery dates, but you really do want the item then it seems a lot of trouble you are going to. Let me say that changing delivery dates with the bay is pretty normal – and although it's infuriating and it shouldn't happen and it shouldn't be acceptable, there is very little one can do except stop shopping through eBay.

I think the thing to do is to notify them, refuse delivery, raise a dispute with PayPal – and then keep us up-to-date about any trouble.

Keep recording your calls because that's very helpful.

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I'm afraid you're probably right – but we get so much to do on here that might tend to scan read and sometimes miss important points.

Maybe you could just give us a chronological timeline of what has happened and where you are.


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