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

liverpoolluke

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Everything posted by liverpoolluke

  1. liverpoolluke
    did you fund the payment to paypal via credit card? it's not a guarantee but if you did and they were registered correctly as a business with paypal you can section 75 the transition, if you funded the purchase by DD then claim the DD back but be warned paypal will close your account and threaten you to get the money back
  2. liverpoolluke
    the buyer gave the opportunity for the seller to put thing's right, the seller ignored all contact in the hope it would go away, the buyer followed all the rules and term's set out by paypal and was given a refund I'm a little confused as to why the buyer has to return or repay the money as the buyer has followed correct procedure I have been in a similar situation where by I got a refund from eBay for a faulty item, the email from eBay clearly stated that I was to keep the item and get a refund, a few weeks later I got a letter from the business confirming my money had been returned, no mention of returning or repaying for the item
  3. liverpoolluke
    i haver had something similar to this myself, all is not lost, go into paypal (paypal case's can be opened even after eBay ignore you) and raise an item not a described case, be very clear with your details, you ordered item X but received a card with scraps of writing on it, do not say anything else, keep it all matter of fact, paypal will ask you to return the item and you send via royal mail recorded delivery the note left by hermes you giver paypal the tracking details
  4. liverpoolluke
    Surly if the clutch was fitted backwards it would never of gone back together correctly and should never of driven as the fiction plate wouldn't be engaging
  5. liverpoolluke
    Conniff, when I was reading through everything about section 75 recently I remembered seeing the cardholder only type argument, below is an extract and then the a web link to Financial Ombudsman regarding card holder's and section 75 Chain of purchase As our full guide notes for section 75 to apply, there has to be a strong 'chain' between the person who makes a purchase, the lender and the supplier. In the above example, the chain was broken because the borrower and buyer turned out to be different people. Or, to put it semi pictorially, this is the chain needed for a successful claim: Customer/cardholder >> lender >> shop An additional cardholder, adds another link to that chain, breaking it: Cardholder >> customer >> lender >> shop This is also true, for example, of purchases made on a credit card but processed by a third party like Paypal. Just as with an additional cardholder, in that case the main cardholder has agreed for another entity with different interests to get involved in the borrowing transaction. The card provider hasn't agreed to lend to Paypal and they haven't agreed to lend to an additional cardholder on your account. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm#cs2 I'm not trying to irritate you or question your long standing information which I myself have found very useful, just wanted to share the knowledge I have
  6. liverpoolluke
    little update, UK court's and court staff absolutely useless ! they can't or won't tell me anything, I have to submit claim form's in liverpool (going to see solicitor tomorrow) then if they can't deal with it here it will be transferred to where ever it can be dealt with, scotish email claim's paper's are 3 page's with add more if you need, english court papers 1 page brief description's only will update again tomorrow after solicitor visit
  7. liverpoolluke
    i think i point to note that may have been overlooked is Pencil asked a garage to fit part's he supplied, I would highly suggest any claim would be ruled out, the garage would try and blame you for supplying incorrect part's (at a guess) please don't quote me on this I may be wrong also !
  8. liverpoolluke
    Connie, just a point to note, section 75 on credit card is only applied to the card holder, so a car being fixed for a mate is not covered (guessing that was your angle?)
  9. liverpoolluke
    still no news ?
  10. liverpoolluke

    Car Tax Help

    liverpoolluke replied to tezza1234's topic in DVLA

    last time I had to deal with an insurance company over the phone was a nightmare, I started e-mailing them photo's and the situation soon turned, when talking to the motorbike's insurance company next ask them for a contact email address and a reference number, then simply sending all the photo's you have of the bike on the floor may or may not help not sure, but it's something else for you to work with
  11. liverpoolluke
    sadly at first i thought you may have a case in small claims court, but as when she sold the car she gave you a lump sum payment that would write anything off, you would have needed to get a document between yourself stating lump sum had been paid and X amount still owing at Y amount in payment's per week, she would argue the lump sum was to settle the debt, best to cut you loss's and forget about it sadly
  12. liverpoolluke
    Pixel selective answering again... Good luck i'm sorry people are not telling you what you want to hear
  13. liverpoolluke
    By any chance is this car a dark red 57 plate vectra sri purchased from a small dealership around Warrington area?
  14. liverpoolluke
    If the seller has offered any money up for repairs to things flying open and causing damage then in effect they are admitting liability I would press for more, giving half towards a claim in insurance isn't really a solution At the sort of money paid I would be more inclined to return the car and demand a refund which you are entitled to within 30 days of sale Maybe next time your friend wants to buy a car they should take someone with mechanical knowledge for guidance, after all you wouldn't go to the fruit and veg man to buy steak for tea
  15. liverpoolluke
    I see pixel and there friend is what to sort this matter out with prompt reply to all questions that may be able to help them Typeing this from my phone whilst on my flying pig
  16. liverpoolluke
    it would now start to get difficult to return as the buyer has start to interfear with the car, the buyer has oil'ed the bonnet latch to get it to work and has paid out money to replace windows it would be argued the bonnet catch would have been user error, you mention the safety catch has failed ?
  17. liverpoolluke
    was about to add myself, passport is much easier to update so long as appearance hasn't changed (just aged) took less than a week for mine last week but cost is £70+ your driving licence should be easy to update to paper one once passport has been done, I though all paper license's had been exchanged even to the point the paper part of the 2 part license is now obsolete
  18. liverpoolluke
    does the driving school have a copy of your initial check ? have you requested any licence change's for this to happen ? address, photo licence need up dating (new photo) anything like that ?
  19. liverpoolluke
    if both party's are insured by direct line there's no real need to fight the case, if they do a 50/50 then both party's lose there NCB ect direct line in theory win 2 lot's of extra money from you both
  20. liverpoolluke
    have e-mailed 3 court's in England (Liverpool, MCOL and Wigan money court) and not a single reply the lady at kilmarnock was happy to process the paperwork but did warn me it could take 3 or more visit's to Scotland before they case was heard in court which would start costing me money
  21. liverpoolluke
    following the sheriff office's advise I sent a LBA to A COMPANY LTD within 2 minutes I got a reply from the company I'm happy for you to proceed as I have no doubt any court will see this as it is. Oh dear, I think he lives in the clouds, the judge surely will ask for my receipt which was from his company (altho the receipt does state sale was between myself and previous owner) but the credit card receipt for payment is to his company, I can only imagine the courts will see this as a business seller trying to get out of his legal responsibility's
  22. liverpoolluke
    Yes Kilmarnock is the seller's local court, I think this would be the most suitable way to continue with the border issues, the only issues I ran into I was putting on the paper work Mr A T/A A COMPANY LTD where I have to put COMPANY LTD only the courts have suggested I now send a letter before action giving the seller a 7 day grace prior to submitting the forms so I can stand in court and declare I have exhausted all other avenue's prior to court proceedings
  23. liverpoolluke
    well a little update, the wonderful lady at the kilmarnock sheriff office has been amazing, continued e-mails and support with the filling in of the claim form's think I now have all the form's filled in correctly, once I have her conformation and guidance I can then submit the paper's to court
  24. liverpoolluke
    still a little unsure of how much the sheriff / judge will entertain, for example would the judge / sheriff allow the payment of good will for misuse of my personal data or should I leave this out ?
  25. liverpoolluke
    have had some very nice responses from the sheriff office in Scotland, they tell me there small claim's court now can handle claims upto £3000.00 not only did the adviser at the sheriff office answer all my questions she even asked me further details of the case so she could give more accurate advice, she even welcomed me to ring her for further information I found this very welcoming and helpful I have not spoken to my local court about this as yet but MCOL won't allow me to open the case, the sheriff office advisor has stated if the defendant refuse's to pay I may have to travel up there to put my case to the judge My thoughts right now are, this is probably easier to issue in his local court, should everything go well in court and I get an award I may have to push it further to get payment if the award is from the Scottish sheriff office this may be easier than trying to get UK debt collector across the border or even trying to get a Scottish debt collector to act upon english court order cost's for applying within the Scottish sheriff office is £76

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