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

masjntt

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Everything posted by masjntt

  1. masjntt
    I am in the process of requesting a chargeback, I just think it is wrong that the retailer can breach the consumer regulations without consequence unless the customer can afford to take them to court. CAB are useless they mis informed me initially and now agree that I am within my rights but are unable to help me get my money back. Let’s hope the chargeback is successful
  2. masjntt
    I have emailed and written to retailer. They say they will only repair or replace.
  3. masjntt
    This is the latest reply from CAB - apparently my TS do not act for individual cases . Thank you for your e mail about case reference number xxx Thanks for updating us about your problem. We understand that the trader is still refusing to refund you as they believe that you are not entitled to this and that you would like for Trading Standards to either contact yourself or the trader to confirm what you are entitled to. If the trader in question has a build-up of offences which have been registered with the consumer service and Trading Standards, Trading Standards may consider taking action. However, when it comes to individual cases, the responsibility to take the trader to court may be the consumer’s. Complaints against the trader must be logged through the correct channels – online comments etc. are not enough to take a trader to court. Unfortunately, Trading Standards in your local authority do not get involved in individual cases. This could be for many reasons – staffing, resources, funding etc. We understand that you may find this frustrating. However, funding decisions for your local Trading Standards, which ultimately dictates the available resources, are made by your local authority. You may want to consider making your council aware of your dissatisfaction. Your next steps If you are unable to resolve this matter directly with the trader then you may wish to look at mediation through an Alternative Dispute Resolution scheme to try to come to an agreement out of court. ADR schemes are seen to be a quicker and cheaper alternative to court action and are usually free schemes, although there may be a fee with some organisations. You can find more information regarding the ADR process here. It is worth noting that the consumer is not bound by the findings of an ADR scheme and if you are not satisfied with the findings you may take the matter to court, however the court may take into account the finding from ADR and also if there is an ADR scheme in place the court may request you contact them. There is also no obligation for the trader to enter into mediation and they may refuse to do so. To avoid court action it may be worth checking to see if the company are a member of an Alternative Dispute Resolution (ADR) Scheme and requesting their complaints process, if not then you will find a list of independent schemes here. There is an option beside each scheme for further information which outlines what they deal with and their processes, you will also find their contact information. What we do We will continue to notify Trading Standards of the trader's activities. Whilst this would not help with your complaint, this is valuable intelligence for them, which may be taken into consideration in any future dealings they have with the trader.
  4. masjntt
    Thank you I will challenge this with them
  5. masjntt
    If CAB are correct in what they have said above that I can only request a repair or replacement not a refund for the faulty item.
  6. masjntt
    Can anyone offer any advice? Are CAB right? X
  7. masjntt
    No they have simply replied with what I have posted above that’s why I’m confused x
  8. masjntt
    Do you mean cab? Yes they know it was purchased online x
  9. masjntt
    This is the response from citizens advice bureau - it is no longer possible to contact TS directly, it has to be made via CAB. Dear Mrs xxx, Thank you for your enquiry to the Citizens Advice Consumer Service. Your reference number is - xxx We are very sorry to hear of your issue with an inflatable airtrack from Xxx . Several emails were sent to the trader at their request. They have offered a repair or replacement instead of the requested refund. Your rights and obligations Under the Consumer Rights Act 2015, all goods supplied by a trader must be of a satisfactory quality, this means that the goods should be free from faults, safe and durable. If you consider the item defective and not through misuse or fair Wear and Tear, you may be able to pursue the trader for one of the following: - ‘A free repair or replacement’ within a reasonable timescale. Should the consumer select this option within the first 30 days, the short term rejection window (as above) freezes and the consumer will have a minimum of 7 days upon return of the item to reject if they so wish if the issue is not resolved. In these circumstances, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural Wear and Tear. - ‘Final right to reject’ – Beyond the first 30 days and within six months, if a repair/replacement has failed to resolve the issue, the consumer reserves the right to make a final rejection request for a full refund or accept the goods at a reduced price. In this scenario, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural wear and tear. In addition, beyond the first six months, if the final right to reject is used, a trader may reserve the right to adjust a refund for any fair wear and usage of the item. You may be able to seek a refund from your bank or card issuer if they have a chargeback scheme. You should check the terms of your account and if a chargeback scheme is provided, submit your claim in line with those terms. Your next steps At this stage it might be best to simply discuss the matter with the trader. However, if you are unable to reach an agreeable solution you could take a more formal approach and write. Your letter should outline all relevant events and make it clear both what action you expect from the trader, and why. It should also give the trader a reasonable time in which to respond to your claim(s), e.g. fourteen days. In addition, sending your letter by “recorded delivery” will provide you with proof of posting; a signature on delivery and online confirmation of delivery. So based on the above it appears that I cannot pursue a refund via CAB / TS ?? I’m confused I thought a faulty item was eligible for a refund under consumer law?
  10. masjntt
    Thank you, that’s great I meant which address for TS x
  11. masjntt
    Just wondering which is the best way to proceed with this.? A chargeback via my bank or report to trading standards. Also which address should I use the one detailed on the website or the one that the company emailed me? Thank you x The website address is london the one emailed to me is Llandudno x
  12. masjntt
    thank you
  13. masjntt
    hi i explained the advice that i was given in the earlier posts eg that under the cra i am entitled to return a faulty item for a refund etc etc. I agree dragon fly !! Thank you both xx
  14. masjntt
    Hi I explained the above via email to them and this is his response. “your track was custom made to order it is in our terms and condition and is in our returns policy if the track is faulty we will refund or we reserve the right to repair the track if we can and return it, if you would like trading standards to contact me I am more than happy to explain custom made items and my right to them , but im quite sure they already no thanks “
  15. masjntt
    Yes via debit card (visa debit not delta) x
  16. masjntt
    Thank you everyone for your time, help and advice, wish me luck with them xx
  17. masjntt
    Hi It was an online purchase via http://www.star-leotards.com/. The air track is 4m and they say in their email that anything over 3m is classed as custom made.
  18. masjntt
    Thank you for such a quick reply and for confirming where I stand with this. I will o as ou sugest. The company is called Star Leotards.
  19. masjntt
    Hi I purchased an inflatable airtrack for my daughter for xmas to help with her gymnastics. It arrived a couple of days before xmas but was not used until xmas day. The item does not stay inflated - there were no instructions sent with the item although there should have been. I tried a couple of further times to inflate the item but it just keeps deflating . I contacted the company on 27/12/7 to report that the item was faulty but they were closed until 3/1/18. I emailed them with the details and requested a return and refund once they reopened in Jan. When they reopened they did not reply to my email, I contacted them and they asked me to email them - I explained that I had already done this and asked them to check their emails . I contacted the company again yesterday and they said that they had not received any emails from me so I forwarded my original email to them - they have emailed me this afternoon to say that the item I ordered was custom made and that they are only obliged to offer a repair. They have asked me to arrange the return to them at my expense if I want to proceed. The address that they have emailed to me for the return is not the same as the address on their website - It has been a while since I had a problem with a return / faulty item and I know that regulations change but legally can they refuse a refund on a faulty item? Any advice would be appreciated thank you x
  20. masjntt
    Thank you xx it's just more hassle I will see if ok can borrow the amount owed to avoid this as I will need to get the deeds amended to remove my husbands details - I just want a fresh start and everything finalised and sorted.
  21. masjntt
    Sorry both names not "other" Xx
  22. masjntt
    Thank you for your quick reply I guessed they would be able to. I presume the only way to stop this would be if the amount owed was paid in full ? The debt is just in my name but the property was in. Other mine and my husbands names but as his probate had only just come through his details are still on the land registry etc etc x
  23. masjntt
    Update The case was heard in local county court back in Feb. The outcome was short and sweet as follows:- Judge ordered that 1) judgment to the claimant for the sum of xxx 2) defendant to pay claimants costs of Xx to be added to judgement total 3) judgement to be paid a) lump sum of £xx to be paid by xxx DONE b) xxx to be paid monthly (1st payment due end of April) I have complied with the order the balance remaining is just over £2k. I have received a letter from land registry today saying Restons have applied for a charging order on my property? This letter is dated 4th April 2017 - is there anything g I can do ?to stop this ? My husbands probate is literally just finalised so land registry have written to him too - I'm guessing they can make this application despite the judgement order? Can anyone clarify this pls? - thank you x
  24. masjntt
    Yes a date has been set for Feb next year - i had a notice from the courts a few days ago
  25. masjntt
    Hi thank you for your reply - i recently contacted restons to request payment arrangements by tomlin order but they refused - see post 164/166. they said they were looking to get a charging order against the property - the amount they are seeking is just below £3k. I just dont know what to do , Im fed up of feeling worried and having this hang over me and I really do not want to attend court, I dont think it will be struck out given the fact that they have recently found statements with transactions confirming it isnt statute barred, is it worth me writing to the courts explaining my position and offering to make monthly payments? Restons applied for the case to be dealth with without a hearing which obviously the courts havent agreed to

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