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    • Thank you for the letter, that makes things a lot clearer. So it's a statutory demand rather than self-certifying. See what @Man in the middle thinks but to me, it seems as if the lawyer has a good strategy and seems to have covered all the bases. HB  
    • Could you post up the letter, with your personal info and their reference covered up, please? It should say Letter of Claim, but let's have a look just in case. HB
    • I know dx, a lot of it was my partner and how she felt about it. I also appear to be addicted to my credit file being clean. I still worry for my partner she has too much on as it is, but I am ensuring I manage both of ours so She can forget about. i guess in terms of time I bet masses are defaulting with this economy as it is right now and high interest rates might be the only thing going for me right now. I guess  I’ll find out
    • Please see below for an extract from the letter more about my case. You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This  may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
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Dodgy Xbox 360?


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Hi all,

 

I thought i'd bring this to you guys because i'm really not sure. I was playing my Xbox 360 last night as you do when all a sudden it stopped and froze, I took the disk out only to discover there is a large crack from the centre outwards about 2 inches long.

 

I've called Microsoft support and they have said that there is nothing they can do as it's due to the console being moved but I didn't touch it! Now i'm down a game and scared to put another game in just incase it does the same to that too.

 

Surely this a fault somewhere along the line be it disc or hardware, is there anything to go on because it's a tad annoying. Any help is appreciated as always :)

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A crack in the disc or the console?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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How long have you had it? You can return it to the retailer and if the sale was within the last 6 months, they have to prove it wasn't shipped like that - difficult to do. However, be prepared for a fight as they will probably send you to Microsoft as it's "more than 28 days since you bought it" or "it's a manufacturing defect" - however, you need to fight your corner, as a retailer they are liable for any defective product they have sold. The age old problem of passing the buck under the Sales of Goods Act - all retailers are liable for manufacturing defects and should accept products back and they in turn make claims from the manufacturer. If it's after 6 months, then the burden of proof shifts to you to prove you didn't do it, which can be as equally difficult.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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I very much doubt that the drive would have cracked the dvd - do you have flatmates/kids that could have damaged the game and just put it back without telling you. To see what I mean get hold of an old/scrap cd ie one from an isp and try snap it - its not easy and to do that within the drive with little room to get leverage would be nigh on impossible.

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There is a common fault with a deep scratch around the circumferance of the disc on some earlier 360's. If it is the disc in the centre that has failed, you should contact the retailer about that failure. If they won't help, go to the game manufacturer as they may have had a bad batch of discs.

 

Uk..

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Thanks for the help guys, I have contacted EA to see if there is anything they can do, it seems there is quite a lot of this, I searched "cracked" on the the Xbox forums only to find people with the exact same problem.

 

I'll report back with EA's answer, we shall see although i'm not too hopeful :(

 

Thanks again.

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I really hate EA. They've swallowed good ole Maxis completely now, they're not even using Maxis' logo on the introductions to the Sims 2 expansion packs. And the amount of 'stuff packs', or in other words, 20 or so new objects/meshes/clothing of the same quality or less as free gamer creations, priced at £15.99 a pop, is increasing. They've even got the cheek to keep referring to the Maxis Llama... Will Wright, dude, you sold out, and becaue of that I doubt I will be getting SPORE when it comes out...even if it does look as incredibly amazing then as it does in the promo previews at the moment...

Sorry. I just really hate EA.

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Not the best place to rant about EA (you could always come down to guildford and shout at them here :p)

 

Anyways, the xbox surely must come as not fit for purpose, or not durable. Whilst it can obviously not take being knocked over, and moved from place to place, it should be able to withstand small movements that occur from day to day.

 

Go back to the retailer, refuse being sent away, and if they continue to do this speak to the manager and mention the SOGA.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Not the best place to rant about EA (you could always come down to guildford and shout at them here :p)

 

Anyways, the xbox surely must come as not fit for purpose, or not durable. Whilst it can obviously not take being knocked over, and moved from place to place, it should be able to withstand small movements that occur from day to day.

 

Yes it should be able to take movements, but not whilst in use.

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Not the best place to rant about EA (you could always come down to guildford and shout at them here :p)

 

Why? I love ranting at EA :D I hate them because from my experience with them they take a much-loved game series with a huge and loyal fanbase and convert it into a Cash Cow (or Cow Plant, anyone?;) ). The Stuff Packs are a rip off. The latest expansion from the Sims 2 has made it almost impossible to keep custom meshes custom - their bodyshop program now integrates custom meshes into a sim, so that the custom meshes appear to be Maxis-made, which is a really serious copyright issue for some creators...they haven't even released the animation codes, either, which makes custom objects mundane. It takes weeks and weeks of coding now for meshers to come up with new ani.s for their objects. Compare that to the first Sims series - oh, wait, that was back when Maxis had control of what they put out, and actually wanted the fans to love the program because of what they could customise...the whole point of SPORE, as I've read, with Wright emphasising the individuality of each player's experience...think he's trying to make up for something?

 

I'll shut up. :D

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Yes it should be able to take movements, but not whilst in use.

 

I meant things such as floor vibrations etc, which seem to cause disk scratches and cracked disks with the 360.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I meant things such as floor vibrations etc, which seem to cause disk scratches and cracked disks with the 360.

 

Ok whilst it shouldn't create scratched disks I can see how this could happen - but would take more than a little vibration. But I still don't see how the Xbox itself could impart enough force - especially in such a confined area to snap a disk. I'd think the tray on the disk drive would be more preone to snapping than the disk.

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Whilst not directly Xbox, it is perfectly possible for a CD/DVD drive to crack a disk and once cracked, the extremely high rotational speeds - especially when it is accelerated to be read can cause a CD to shatter.

 

Research Machines (RM) put out a safety notice to schools after a CD shattered in a drive to such an extent that bits broke through the front cover and flew into the room.

 

The slighest damage at the CD/DVD centre will be magnified by the drive acceleration as it will allow the disk to 'chatter' on the drive hub.

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Whilst not directly Xbox, it is perfectly possible for a CD/DVD drive to crack a disk and once cracked, the extremely high rotational speeds - especially when it is accelerated to be read can cause a CD to shatter.

 

Research Machines (RM) put out a safety notice to schools after a CD shattered in a drive to such an extent that bits broke through the front cover and flew into the room.

 

The slighest damage at the CD/DVD centre will be magnified by the drive acceleration as it will allow the disk to 'chatter' on the drive hub.

 

Yes I agree, the drive could magnify and extend a crack but some damage would have to be there to start with and then in that case it is not the xbox or its manufacturing that is at fault, but a faulty or already damaged disk.

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My son has just got his 360 , and the very 1st disc he put in wouldn't play second time he fired the console up . On talking to "Game" and the X Box helpline , there is a known problem called "Laser Burn". If the console moves in any way whilst playing a game/viewing a DVD etc, you get a clear mark on the disc making it unreadable.

Problem now is , he is very nervous of putting anything in the thing in case it happens to another game/film. With games the price they are this is a ridiculous situation , especially as Microsoft are aware of the problem. They ahve told me to take the unusable game back to Game , but I am expecting a bit of an argument with this issue.

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I've noticed the price of games slowly creeping up over the past five years, Cym - you used to be able to get a new PC game for £19.99 upon release; I game I bought last month would have cost me £34.99 upon release. Don't even start me on the consoles - £45 for a damned XBOX game now! Not even XBOX 360! lol We'll all have to sell our first borns in the future just to be able to afford these things...

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Oh yes, I know that - they were never in the region of £40-£45 though 'til recently. I dread to think how much Wii games cost...too scared to find out ;) I'm waiting a few years until you can pick it up at boot sales :D

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This is why you should never buy a console within the first few months of purchase, especially when the company rushes the product out. TBH the wii is fine, and an amazing machines, its not next gen in the sence of graphics like the 360 or ps3, but one of the most fun machines on the market.

£39.99 for a wii game, same for a 360 one. From the place where ALL ps2 games are £30 or less.

The industry wonders why piracy is growing. Same for a movie, I refuse to pay more then £10 for a film. Will just go without then pay the increasing prices, more then inflation grrr

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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£39.99 for a wii game, same for a 360 one. From the place where ALL ps2 games are £30 or less.

 

*chokes* Boot sale, here I come...!

 

The industry wonders why piracy is growing. Same for a movie, I refuse to pay more then £10 for a film. Will just go without then pay the increasing prices, more then inflation grrr

 

I agree with this - though many probably wouldn't, and we don't want to start rows, we're already going OT as it is - £20 for a film is a rip off, unless it's a 'Special Edition' with extra features (and by extra features I don't mean five versions of the theatrical trailer in five different languages ;) ). I enjoy going to the cinema; I do fork out for a film that I want to see. However, if I'm buying a film 'blind' and don't like it, well, I would have rather spent £10 on it than £20. It's the same with mp3s now - if iTunes can sell you an album comprised of nine songs for £1 a song, and still make a profit, well...

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Just to contnue OT for one more post.

 

The thing that really ****es me off when I have purchased a film DVD is being forced to sit through trailers for other films and all the anti-piracy notices.

 

FFS I have bought a legal copy of a film - I don't need all this crap

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