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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Samsung Order Cancelled due to pricing error - Breach of contract?


mrdonj
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A little more detail please.

It's quite common for companies to say that there is no contract until the item in question has been selected for dispatch.

That seems to be what they are saying here.

What kind of confirmation did they send you?

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Okay it looks as if you are in a very good position.

Who is the dealer? How much money we talking about? How much did you pay and what was the correct price?

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So do the maths for me please – you are out of pocket by how much?

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So after you get refunded – which I'm sure you will – you will be out of pocket £335 – correct?

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OK well that is what you need to sue them for in order to enforce the contract.

If you're interested in this then start reading up on the steps involved taking a small claim in the county court.

 

It is straightforward but it is worth knowing the steps in advance

 

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This forum is about self empowerment. You should read around enough to know the answers to these questions and you have been here since 2015.

We will help you – but we need to feel that you are invested as well

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I'm afraid I disagree that the money needs to have been taken. By their own terms, they need only have identified the item for dispatch and at that point the contract is made. They are entitled to sue for the money – and you are entitled to sue for the item.

The transfer of the money becomes a formality. Of course it is helpful to show that the money has been paid – but it isn't essential

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So now we need to see the ad

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In fact I see that there was quite a lot of publicity about Samsung week. Both on the Samsung site 

WWW.SAMSUNG.COM

The official page for Life Unstoppable. Take an immersive tour into our house of surprises and discover our uniquely innovative Samsung products.

And also in the newspapers.

Start getting screenshots of everything you can which rambles on about prices being/, extraordinary surprises – anything.

Clearly Samsung have been hyping it up. Samsung are talking about "amazing offers". I don't find that a reduction of about £100 is especially amazing.

I would have thought that it wouldn't be too difficult to find sufficient publicity and wild claims to support your argument that although the discount was substantial, it simply amounted to "amazing" and a retail price which had been "slashed".

The Samsung week was apparently tied into black Friday and intended to pre-empt black Friday.

Get yourself a good half a dozen or so sources. Get the screenshots and link us to them and then we'll give you our view as to whether it's worth a punt

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Well start getting your own screenshots. You will be amazed how quickly these things disappear once it's all over.

It's up to you to gather evidence

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I think the reasoning of my site team colleague @Ethel Street is spot on. Use this as the basis of your argument supported by the evidence that you are discovering on the Internet

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4 minutes ago, mrdonj said:

Don't know if it will do any good, but would bringing up the fact that Dell honoured a price error just a few days ago because they marked the items for dispatch?

No

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Although the boots case was decided on common law – and in many circumstances that can be altered by specific contractual terms – subject to fairness provisions and other statutory provisions

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Okay well it seems as if you have got broadly what you need.

The next step is to write them a formal complaint and tell them that you want them to fulfil their side of the bargain.

You can either wait for 10 days and see how they react or you can make it an immediate letter of claim.

If you make it a letter of claim then you will have to give them 14 days to give you the phone or else the money or you will sue them and without any further notice.

Which you want to do?

If you want to go straight ahead then post a draft letter of claim here. Remember that it's not a bluff and the on day 15 you have to click of the claim.

Don't imagine that your letter of claim or anything else is going to move them – it won't.

The only thing which will attract their attention will be when they receive the court papers.

If you are in contact with or if you have access to other people who are in the same predicament than tell them to come here and start their own threads and we will advise them as well.

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You really don't need to start going through your life history in this way.

Keep it brief and to the point.

 

Quote

Dear Sir/Mdm


Reference number XXX – letter of claim



On XXX date I used your website to purchase a XXX item XX model which was advertised by you at XXX price.

You accepted payment from me and even dispatched the telephone to my address.

You then contacted DPD to recall even though by this time it was my property.
When I queried this, you informed me that you had made a mistake as to the price and that you were cancelling the contract.

I'm writing to let you know that you are not entitled to do this and I do not accept your position.

I want the telephone for which I contracted at the price at which you agree to sell it to me.

If you will not comply with this request within 14 days then I shall see you in the County Court and without any further notice.

Yours faithfully

 

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We are still waiting for others to come along and seek help for the same story. We've had one person who came along and hijacked your thread.

Please make it clear to others that they should start their own new thread. This is so that people are not confused by the discussions which are occurring and also because the more separate threads we get on the same subject, the more it is likely to mount up the Google rankings which in turn will attract even more people.

By the way, would you be prepared to talk to the press about this. I have a journalist contact who could be interested in running this is a story.

I think it could be helpful to you as well – and to the others

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I suppose that you would have to give your name and the town in which you live – Mr Bloggs of Maidenhead said…

I was get frustrated when I hear that people can't be bothered to go after 300 quid or so. I don't understand why people give into this kind of cavalier treatment by large companies which are used to getting their own way.

300 quid is a lot of money to me

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I'm sure that will be fine but it would be up to you to agree with the journalist. I have found all journalist to be extremely trustworthy when agreeing these kinds of things.

However, it's not really a story until we get evidence that a lot of people have been affected

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It's a load of rubbish. Who are hotdeals anyway?

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Let them know on hotdeals that it's rubbish and tell them to come over here.

Hotdeals has the sellers interest in mind not the purchases

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Are you saying that somebody specifically warned against taking advice from the consumer action group?

Who said that? Can you provide a link please.

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That's right. Give them minimal information. Let them raise the issues in their defence. You should simply identify your cause of action which is basically breach of contract.

There is also an issue of the Torts (Interference with Contract) Act in that they retained your property. We'll think about that one as well because that could be a basis of some additional damages.

It is clear that once the telephone was in the hands of DPD, it was your property. Samsung was responsible for the delivery – but it was your property and as such they interfered with your ownership of that property.

 

I don't think that it would be reasonable to use the voucher code. 

 

Keep it to hand – but if you do when this claim – then I don't think you would have any justification for using it. When not helping you to make a money grab here. We are simply helping you to enforce a contract and get what is rightfully yours that the price that was agreed

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Well that could be a conflict-free way of dealing with it although do you know if that person was out of pocket at all?

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I've only scanned what you posted very briefly – but it seems to me a significantly different set of facts

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I've lost the plot. Are you up on the deal? Or are you down on the deal?

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