Olympus E-1 Digital SLR - £98.70 (Apple Education Store) [CLOSED]

StudentOfLaw

Oh and I forgot to say the B and Q case people refer to may be relevant, but what people aren't looking for are the cases against you, because for every precedent you throw at Apple, they will probably throw five back at you. Just try not to look through misty eyes!

rowantoad

British law at it's best eh? Surely there has to be some sort of limit on the costs they can claim.

rowantoad

I would warn that should you see a small claims case through, what a lot of people don't tell you is that if you lose the case the Judge could also award costs to Apple where you will have to pay the legal costs that Apple incur.

I'm not sure this is true. I'm getting pee'd off with this now and advice everyone to write formally to apple give them the chance to settle this dispute with them. Give them a month to reply then decide if you want to take them to small claims court. Put it in writing now.

- The whole procedure. Acknowledgement, confirmation, payment debited or reserved.
- Every effort to supply.
- Alternative.
- Shutting down their email system to avoid contact.

sainthalo

StudentOfLaw wrote:

If the small claims court can't make a decision on it, it would go to a magistrates court where costs are normally £250 a day for each day that it is being discussed by the magistrates (who incedently make the decision, there is no Jury), although every courts prices differs. Even in a small claims court Apple are going to employ the best possible Lawyers, Solicitors, and Baristers to fight their corner and I would warn that should you see a small claims case through, what a lot of people don't tell you is that if you lose the case the Judge could also award costs to Apple where you will have to pay the legal costs that Apple incur. Its David vs Golliath in a modern sense. You appear to have a few pebbles which could potentially kill Golliath, but in this case Golliath has a rather large helmet on (the contract).

Hope this helps!

Study hard my friend as you have made some serious basic errors in just the opening of the above paragraph. You have also missed out the capped nature of costs. Have you read the CPR? Have you ever even been in a county court? Dont post on topics on which you have ignorant knowledge, i say this not to displease you but to ensure you do not misinform others.

I repeat my offer, if anyone who had money taken and then order cancelled wishes to pursue legal action then step forward and PM me.

Thirdfox

And wouldn't the fact that we are students suggest inter alia *couldn't help myself * that we do have £10000000s (or €100000000s in my case ) to cover their legal costs even if we lose?

They'll will still lose more by the legal route than by giving us the cameras. The sooner they realise that the sooner the stock problem disappears.

Incidentally this is how you should probably present things to Apple: we are working together really. You (Apple) want to minimise cost and we (consumer) want to get the camera. The best solution is where we get the camera and you have spent the least amount of money.

POET_3

At the moment, Apple are calling our bluff. You will not see a change in their postion until they start getting ''intent to sue for loss of bargain'' letters and proceedings begin. Like others have stated, is suspect they will back down at that point rather than pay legal fees for each case. It wouldnt suprise me either, if they agreed to supply the camera pre-court hearing on condition of some gagging order so we cant run back to the forum and tell everyone about our new DSLR's courtesy of Apple.


Sounds a bit extreme, but just watch this space.

deary65

StudentOfLaw wrote:

I've not done a runner as you so politely put it, i've merely finished in the University Library for the day, and was driving home. Watching Neighbours now and Issy is looking sweeeeeeeeeet!!!

If the small claims court can't make a decision on it, it would go to a magistrates court where costs are normally £250 a day for each day that it is being discussed by the magistrates (who incedently make the decision, there is no Jury), although every courts prices differs. Even in a small claims court Apple are going to employ the best possible Lawyers, Solicitors, and Baristers to fight their corner and I would warn that should you see a small claims case through, what a lot of people don't tell you is that if you lose the case the Judge could also award costs to Apple where you will have to pay the legal costs that Apple incur. Its David vs Golliath in a modern sense. You appear to have a few pebbles which could potentially kill Golliath, but in this case Golliath has a rather large helmet on (the contract).

Hope this helps!

there are several law students on this thread, what makes you think the comment was meant for you! Not only have you serious study to do but you have some serious personal issues to deal with!

bribrian

He, he, cheeky bu**ers, Apple have just sent me an email with the heading...............

Wait for it.................

'Enjoy Special Rates For Education'

Ho, ho E1 anyone????

davilown

Come on people lets get co-ordinated on this together and we can get them to honour their contract.
:beer: monster

rowantoad

Apple "fiasco" leaves customers out of pocket
Camera debacle gets messier...

http://networks.silicon.com/webwatch/0,39024667,39155426,00.htm

I don't think this is quite right I don't think they realise we got confirmations and not just acknowledgements. anyway silicon are giving apple a good ducking on the ducking stool.