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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • purple_rain
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By purple_rain · Posted

      @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

I'm very worried now- Birmingham County court- AQ draft order ignored!!

will_cosworth

By will_cosworth
in HSBC Bank

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Castlebest

Castlebest

Posted
Posted

all you can will... send it to crusher he will know how to put it in the library, and thanks

 

Ive never done a bundle but the whole point of it is to give the judge all of the information he needs to make a decision. Dont asume anything put it in for him he wont say oh yes ive just seen a case like this, he will look at your submission and yours alone.

 

pete

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lateralus

lateralus

Posted
Posted

list of settled cases? dont know if you want this:Litigation Section - View and print out litigation spreadsheets here or this:Spreadsheet of Settled Claims

 

that's all i can see but then, like petey, i never had to do one.

 

once you've done it and numbered the pages - i'd be interested to know how many - just curious!

 

and when you get your offer - and your money - take a look at this:Wasted Costs order all that paper and ink and postage costs something and your time.

 

 

the first page in the court bundle link before you open the zip has some good setting out ideas and tips.

 

nearly there!

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jowalshy

jowalshy

Posted
Posted

I think that there are 110 settled claims for HSBC so far and that is only the ones that have put their detials on to the litigation section

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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will_cosworth

will_cosworth

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Posted

when do you need them for mate, as I have got to go back to work in about an hours time until tuesday!! There is a good link to full T&C's in post #49 of this thread, I have only used an extract from the 1997 ones I have got, and I have printed off the ones in post #49 fully, and they are identcal near enough in section 7. i will do my best to get them scanned up soon

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lateralus

lateralus

Posted
Posted

couldn't say - i thought it usually ran around 200 some peeps say closer to 300.

say the same to you as freaky

 

copy of breakdown,

copy of statements (pages with charges only)

copy of all correspondence since you started asking for your money back

witness statement

court bundle (the zip file)

cases settled list

t & c's

 

cover

index page

 

and putting it together -

 

You will need 3 identical copies, one for you, one for the bank's solicitors, one for the court.

 

Do not forget to number the pages, so that all parties can find them easily when referred to, and to index the pages correctly (they're xx on the sample provided)

 

In front of each bundle, write clearly and legibly:

 

 

Case Number: XXXXXXX

(JoeBLog) v (EvilBank)

 

 

 

that's all i can tell you - never even seen one - just following the directions on the site - so if that's it - then that's it -

can't see needing to send all the t & c - just the relevant portions.

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will_cosworth

will_cosworth

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Sorted I think at last!!!!, I have everything in the bundle except the cases list, which I ommited as I don't really think it will be of much use. Is it worth asking the court to order standard discloseure again or is it a waste of time, just wait untill D+G are supposed to file thier defence and see what happens??

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  • 2 weeks later...
will_cosworth

will_cosworth

Posted
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Posted

well then guys, a BIG BIG thankyou, my girlfriends full offer came through less than a week after submitting her court bundle!!:mad: Typical, but worth the effort for £2830!! Now, I have my litigation details and my girlfriends litigation details to add to the list, and a big thanks again to people who have helped, especially lattie:D .

 

Next, what is a reasonable amount of hours to claim for in the wasted costs claim? i was going to go for 12-16 hours, and also charge 5p per copied sheet (approx 560 sheets!), and £18 for postage costs, is that a reasonable amount to reclaim?

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freakyleaky

freakyleaky

Posted
Posted

Congratulations will! It is well worth the wait isn't it!:D

 

I was going to ask for 10 hrs, £15.00 postage and £35 paper and ink! Apparently a few judges have ordered that 5 hrs is the max they will pay. I think as long as you don't go crazy then the judge will consisder it!

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will_cosworth

will_cosworth

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I am writing a letter to the courts at the moment telling them that litigation is to be halted. However, is it worth me including in the letter to ask them to ask for future cases for bank to provide thier defence before the claimant, as it will save a lot of court time due to the bank never defending, and simply using the courts time as a scare tactic?

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lateralus

lateralus

Posted
Posted

you could try - but now that it is going to all the local courts - you'll only be speaking your piece to a very tiny part of the whole.

 

and now for the really important bit:

 

congratulations!!!!!!!!!!!!!!!!!

just read your good new!! i'm really pleased for you both!!!

spend wisely!!!

you got there - I'm sooo glad!!!! you deserve it.

now just go be happy!

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will_cosworth

will_cosworth

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Cheers Lattie, i will hang around the site as I hope I can be of some use to someone, as now I have done it twice, once with court bundle and once witout, it is much less daunting and hopefully I can pass on some confidence to other claimers :D ...

 

The court process will continue until payment is recieved, I am sending a letter to the court informing them that HSBC have offered full payment, and I have accepted, but I will halt legal proceedings on the condition that they pay up and not waste any more of the courts time :D

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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

Will Don't write to the court yet. If you do they will almost certainly stay you case & you will have to start it again. Use the impending trial date as a spur to get them to pay you promptly

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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