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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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All my data wiped out by tech guys at Curry's


polly67
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Hello, Just looking for some advice really. The laptop my husbandbought for me at xmas stopped connecting to the internet at beg of march. I tried to back up all my stuff to CD but the drive didn't work, I checked the cD in another computer ...no info on it. When I took it to Curry's one of the tech guys stopped me buying a gigabyte pen to back up my stuff saying he wouldn't need to reformat it anyway so the stuff would be ok! ( yep isn't hindsight a wonderful thing) Anyway he rang up later in the afternoon to say he would need to wipe everything off and start again but he would back up my stuff to CD. I got the laptop back the next day....still didn't connect to internet and CD drive still not working so I took it back. The next night I went to use the CD for some stuff I was doing at work and it was completely empty! 7 years of info/lesson plans/schemes of work etc gone! I was and am absolutely devastated. My hubby took the CD into Curry's to speak to tech guy, he said he would try to recover data. Phoned the next day to say he had recovered it and put it on a pen. Unfortunately when i got it home it was all gobbeldegook so off I wnet back to Curry's again!! Computer has been in Birmingham somewhere on some expensive machine but they can't recover any of my stuff. He has apologised profuesly and admitted it was his fault. He said he can't believe he has made such a school boy error.

 

Curry's have offered me Office 2007 as I can't use my copy anymore as i'd loaded it too many times ( twice on new laptop) as compensation. In my eyes all they have done is give me back what I had already minus all my work. i am npw faced with re typing all my school stuff and doing my lesson plans again.

 

What should I do now? What are my rights? CAn anyone help me?:confused:

 

Thanks

Polly

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Well for a start You should be able to use your copy of Office if you call MS theyre not really ogres in that regard but i'm sure thats the last of your worries really.

 

Sorry to say that if you have a look at any paperwork from Comet/Currys/PCWorld they all say the same thing that they are not responsible for data loss so i'm fairly sure you're bunched on that from a legal PoV, that said they do have a moral obligation to get you something for your trouble.

 

Sadly when you wipe a machine the data is usually recoverable but when you then reload stuff onto it the data is irretrievably overwritten which is what looks like has happened here, can they try data recovery on the pen which you said was corrupted?

 

I don't know how far you could push then on this but a harsh letter to head office may yield some results.

 

Good luck

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Thanks for that.

The 'tech guy' assured me that he would not lose my information and said there was no need for me to buy the pen to back stuff up on. He rang us at home about an hour later to say he would need to reformat (?) it but once again reassured me that he would back up my stuff to CD.

 

I am now in process of writing very 'cross' letter to head office!

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  • 2 months later...
  • 2 weeks later...

No. All the info that had been saved to the cd was corrupted.

I have no data at all. Completely wiped out by the expert tech guy in curry's who promised me it wouldn't happen.

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i would be interested in two things here:

1. i doubt your data HAS gone, now-a-days most HDD's are quite large & even if a format was done, i suspect your data is still recoverable, just need the right tools. a quick search on google will reveal many unerase or unformat tools that should do it nicely.

 

2. the contents of this cd......have your viewed any of the 'corrupted' files in just plain notepad? can you see text you have entered - all-be-it within pages of maybe line after line of squares/.

 

let me know..pm if you wish.

i have met very few HDD's that cannot be pursuaded to reveal old files even after a repartition.

 

dx100uk

pc tech +20yrs

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

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are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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disc was full of little squares.

 

I didn't ahve it stored anywhere cos I transferred it from my old laptop to the new one and deleted all the files. Old laptop then went back into the 'pool' /reformatted and given to someone else.

 

New laptop sent off by Curry's to a super machine in Birmingham......couldn't get it back.......

have recovered some data by copying files from colleagues but lots and lots of stuff gone. My stupid fault for not backin up at xmas and believing the guy in Curry's. Have learnt my lesson that's for sure!

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  • 3 weeks later...
  • 3 weeks later...

Sorry to hear about your misfortune. First of all I would just like to mention Currys do not have Tech Guys, so he must of been just a normal customer advisor. Unfortunately the post before regarding responsibility of data is not covered by Tech guys, unfortunately this is true, the specialist terminal they use is provided by Ontrack and is a very hit and miss terminal. The only other thing that you could possibly pursue is taking it to a PCW store and ask for the advanced recovery process, however you would be looking at 699GBP

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  • 1 month later...

I myself have found the Tech Guys providing me with duff information. Telling me they'd done stuff which they hadn't and saying they couldn't do anything without an engineer looking at it. After getting frustrated with their poor level of service I decided to try out one of their competitors. I contacted supportinabox.com and found a much more helpful attitude and willingness to help. Not bad for under £100 for a year of unlimited support.

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  • 1 month later...

The only real way to rid data on a drive is to drill a hole through it!

 

Get the right software and you can get anything off a drive, it will cost you though.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Really so you think you're going to recover data after using military grade software to remove the information.

 

I agree the only way to guarantee 100% is to destroy the drive, btw putting a hole thru it isnt enough a forensic data lab could still recover at least some data from the drive if you want to be really sure you need a hard drive shredder but all of this is way off topic....

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The only way to destroy the data on a drive completely is to destroy the drive.

 

A security organisation that I know of takes off the cover and immerses the drive in brine (sea water). The salt completely destroys the magnetic media and any cache chips over a few days.

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  • 2 months later...

Hi Polly, As I used to repair laptops for the techguys I am extremely shocked to hear this. The Guy should not have attempted to do anything with your data, he should have simply replaced the hard drive and returned the old hard drive for the you to recover yourself later on. If they lose any of your data I understand you can take them to court and you will win.

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A full destructive recovery may have been to fix the laptop. If you read your documentation you'll find that unfortunately you are not covered for loss of data and you should always make backups in case of such incidents.

 

Some of the data more than likely can be recovered. However it is probably more trouble than it's worth.

 

Just for the record - if you format a drive, then completely fill is several times, military-grade high security is 35 times. It will completely erase the hard drive, you don't need brine.

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  • 2 weeks later...
I seriously doubt they would return the faulty drive as that would go back to the manufacturer under warranty

 

 

They do send them back my laptop got written off and sent me my HDD saying for Data protection they could not retreive anything and its down to me to do so

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  • 2 weeks later...
  • 1 month later...

Just to update anyone who is interested about what you can do to get compensation in this sort situation. I have been awarded £400 + costs in a case heard before the court on February 29th, 2008 for lost data. I had sent my computer back to Curry's for repair and they erased all my files and re-set the computer to its factory settings. The judge ruled in my favour because they had failed to inform me to back-up in writing BEFORE I SENT IN MY LAPTOP . They claim they had told me verbally but I wasn't. In any case the only problem was that I needed a new lead wire and the laptop was all ok! So, anyone should be able to use my case in a small claims court as case law (Colchester Court-KendallvsTechGuys) to recalim any lost data when you are not at fault. They are liable so forget what they tell you and just take them to court.

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Excellent news well done ;)

 

So, anyone should be able to use my case in a small claims court as case law (Colchester Court-KendallvsTechGuys) to recalim any lost data when you are not at fault. They are liable so forget what they tell you and just take them to court.

 

As long as their cases are similar or the same - They could refer to it but not at this stage quote it as a stated case. Whats the difference ? None

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