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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.

Problems with an Asusx53s laptop bought from comet

maureenwales

By maureenwales
in Comet

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maureenwales

maureenwales

Posted
Posted

Bought an Asus X53SC-SX041V,

Processor: Intel Core i7 2670QM,

Graphics Adapter: NVIDIA GeForce GT 520MX laptop for my son for Christmas ,

 

after 5 emails to Asus and a telephone call and a trip to comet over the weekend ,

we cannot find the graphic card that supposed to be there .

 

What are my right?

 

I only bought this laptop for the game card .

I have read on the net about people having the same problem with this model ,

and the game card has been missing .

which they have taken back and had it replaced.

 

Iam with in my rights to ask them to replace the laptop because it is not the spec i purchased?

 

Any help would be grateful they are due to contact me today .

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rebel11

rebel11

Posted
Posted

Hi maureen

 

Welcome to CAG

 

So in short, you've been trying to resolve this issue for over 4 months. When did you find out that the game card was missing?

What have Comets said or done?

 

Have a read of 10,12 and 13 in my signature.

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maureenwales

maureenwales

Posted
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Posted

My son said in January that it didnt have a game card , he plays minecraft on it,( Iam no good on laptops and havnt got a clue) we emailed Asus in january at least 5 times but they never got back to me so then i telphoned them and told them , but they said it had an intel graphic card i tryed to explain to them that the NVIDIA GeForce GT 520MX was missing ,but they were having none of it . We went to comet over the weekend and they have told us it is not on the laptop .They are contacting Asus Rep today and their head office to find out what they can do about it.

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BankFodder

BankFodder

Posted
Posted

Pardon my ignorance - but if this is a laptop, then I would expect the graphics card to be built-in and not removable.

 

If., I'm wrong then please explain to me and put me right.

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BankFodder

BankFodder

Posted
Posted

... or maybe I have just misunderstood your story and what you are saying is that you boght a laptop which was meant to have a particular graphics card in it and it turns out it doesn't.

 

In that case, it isn't in conformity with its description and you are entitled to take it back for a full refund. - S.13 SOGA

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rebel11

rebel11

Posted
Posted

Hi maureen

 

You should be addressing your complaint to Comets, I would write a Formal Letter of Complaint to Comets Explain whats happened, how you've been let down and what you want them to do.

 

Send it to:-

 

Bob Darke, Managing Director

bob.darke@comet.co.uk

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

 

How did you pay for it?

 

My son said in January that it didnt have a game card , he plays minecraft on it,( Iam no good on laptops and havnt got a clue) we emailed Asus in january at least 5 times but they never got back to me so then i telphoned them and told them , but they said it had an intel graphic card i tryed to explain to them that the NVIDIA GeForce GT 520MX was missing ,but they were having none of it . We went to comet over the weekend and they have told us it is not on the laptop .They are contacting Asus Rep today and their head office to find out what they can do about it.
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rebel11

rebel11

Posted
Posted

Thats sounds like whats happened.

 

... or maybe I have just misunderstood your story and what you are saying is that you boght a laptop which was meant to have a particular graphics card in it and it turns out it doesn't.

 

In that case, it isn't in conformity with its description and you are entitled to take it back for a full refund. - S.13 SOGA

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rebel11

rebel11

Posted
Posted

Hi maureen

 

It might be an idea to do some research on 'Nvidia and Intel Graphic cards', to see which one is better. Then you can decide what to do from there.

 

I rang Asus because i went onto the NVIDIA site to see if it needed an update , but it told me nothing was installed on the laptop.
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maureenwales

maureenwales

Posted
  • Author
Posted

Hi ,

 

Yes i will do some research.

 

It do state on my son laptop that it as nVidia GeForce GTX 520MX 1gb card on the stickers on the front of the laptop .But no software is install on it.

 

Thanks again for every ones help, i am not very good with laptops,i will wait and see what comet as to say.

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Durkin

Durkin

Posted
Posted

 

What are my right?

 

I only bought this laptop for the game card .

I have read on the net about people having the same problem with this model ,

and the game card has been missing .

which they have taken back and had it replaced.

 

Iam with in my rights to ask them to replace the laptop because it is not the spec i purchased?

 

 

Comet should replace the laptop as others have experienced.

 

If you're unfortunate enough to experience poor customer service a small claim demanding a refund or replacement should do the trick.

 

Good luck. I hope this is quickly resolved for you.

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maureenwales

maureenwales

Posted
  • Author
Posted (edited)

Hi ,

Just an update

Comet has just telephoned me saying they are willing to send the laptop for repair back to Asus .

 

Iam not happy with this outcome because i wanted it replaced because it wasnt the spec i purchased,i have spoken to Asus this morning they informed me i have not got the nvidia geforce gt 520mx card installed .

Edited by maureenwales
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locutus

locutus

Posted
Posted

You've been at this for 4 months? I would suggest LBA and then court action. Also email the CEO with your disapointment and that it looks like it will be down to a court to decide the outcome as the comet customer services has failed.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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maureenwales

maureenwales

Posted
  • Author
Posted

Hi ,

They have said they will send it off to Asus for them to put the Nvidia card in it.

 

Not really happy with them doing this ,because i wanted them to replace it with the correct spec laptop that i payed for, but they have said because its over 28 days they will only repair.

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locutus

locutus

Posted
Posted (edited)
I don't know what they are going to repair. The solution is to either fit the mainboard with the Nvidia graphics on it (which is why it might be going away), or refund/replace the laptop with the correct spec. Have they said what they are going to do when it goes away. In essence there is nothing to repair on your laptop at the mo, as it will be all working. The fault is the wrong spec laptop. Try and get them to clarify what their objective is when it goes to them, so you are both on the same wavelength.

 

locutus - Court action, really? At this stage? They might be sending it away to have the correct mainboard fitted and solve the problem, is it really worth jumping in with court action now? OTT if you ask me.

 

After 4 months and they still do not grasp that this is not a "repair". Repair is what you do when something is faulty, in this instance Comet have given the customer an inferior model. The nvidia machine is far superior for more than just the chipset being faster... the intel uses shared memory, so it eats into the system memory, where are the nvidia has dedicated memory, and the nvidia has much faster graphics memory than the intel.

 

Comet seem to be trying to deal with this as a repair, when it is not, it is an error on their part, and they should be the ones jumping through hoops to correct this.

 

Personally, I would be emailing the CEO and sending a LBA for 14 days to their registered address. If they don't get this sorted within that 14 days, I would then be able to initiate court action without any further delay.

Edited by locutus

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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