Jump to content

JS3

Registered Users

Change your profile picture
  • Posts

    15
  • Joined

  • Last visited

Reputation

1 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. The transaction was for the sale of a computer monitor. I tested the monitor and the buyer accepted and paid. 6 weeks later, the customer complained the monitor was faulty and wanted a refund. I refused. The customer made an APP fraud complaint against the transaction. My bank froze my account without telling me by text phone or by email. The bank found the £55 dispute in my favour. There is no business-related activity on the account. This was a private sale. I appreciate you taking the time to ask for clarification. My question is a) whether the bank is liable for my losses, and b) whether the bank is exempt from the Consumer Rights Act 2015. If the answer to b, is "Yes", then can anyone state under what statute provides that exemption?
  2. I had a feeling that was the case. Here is the story. We went on a jolly to Las Vegas and San Fran in February. On the 2nd day of our break, I was called back to the UK for a family emergency, My flight was non-changeable and non-refundable, so I went straight to departures and bought another one-way ticket to London for £708. When I paid for the ticket, my HSBC card responded: "Do not honour". I tried again a few more times, and they refused my card each time. I knew I have over £6500 balance. While standing at the booking desk, I phoned the bank, and they put me into a call centre queue with piped music for about 25 minutes. Then a voice came over the phone telling me their call centre had closed and reopened at 8 am the next morning. London is an 8 hours’ difference. I returned to our hotel, and at midnight my time (8 am UK time), I phoned the bank they said there has been a disputed transaction of £55 on my account for an item I sold on Facebook, and they put an inhibition on my account which stoops me making transactions or logging into it. I identified the disputed transaction and the bank call centre agent found the dispute in my favour by the bank over the telephone and released the inhibition. An inhibition is freezing access to my money held by the bank. So an "inhibition" is freezing a bank account in banking terminology. The bank released the freeze on my money and I returned to departures and booked a ticket to London. This time the flight was nearly full, and the fare was an eye-watering £2309. This is a difference of £1601 plus taxi expenses. I made a formal complaint to the bank that it froze my entire balance when only £55 of that balance was in dispute. The bank responded by giving a 31-page document called Personal Banking Terms and Conditions and Charges. At clause 22 of the document, it states: When we aren't responsible for things that go wrong. The document continues by saying: If something goes wrong, please let us know straight away. We’ll try to help if we can. We’ll do all we can to carry out our side of this agreement. But there may be times that we can’t. We’re not responsible for any losses you may have if we aren’t able to carry out our responsibilities under this agreement in circumstances like the ones below. • Where we can’t carry out our responsibilities for legal or regulatory reasons. • Where something’s happened that we couldn’t predict or that isn’t normal. And where it’s outside our (or our agents’ and/or subcontractors’) control, and we couldn’t have avoided it even where we used all of our efforts to. For example, industrial action or mechanical failure. I take this to mean the bank has excluded itself from liability when it acts of its own volition and causes a loss to a customer. When I challenged this with the bank, their response was two-fold. The first argument was that the Consumer Rights Act does not apply to a bank because they are not a "trader" and the relationship between a bank and its customers is that of a principal-agent and a customer that places money on trust with the bank. The Consumer Rights Act 2015, section 61 gives a list of contracts not covered, and a bank and customer contract is not on that list. At section 62(2) it says an unfair contract is not binding on the consumer. I infer this to mean their 31-page policy document does not apply because it excluded the bank from liability when it acts under its own motion causing a loss to the customer. The bank cannot tell me what legislation excludes them from the Consumer Rights Act 2015. I am ready to escalate the complaint, but I'd like to hear some thoughts.
  3. Does anyone have any thoughts on whether a bank's terms of business must be compliant with the Consumer Rights Act 2015? I am in particular looking to see whether a bank can use a policy to exclude itself from liability when it acts of its own volition and causes a customer a loss.
  4. That's good advice! Photographing the laptop before repacking it. I will use a laptop box and the same type of packing used by the seller. I think it's best I Fedex it back to the seller because I can track it online. I gave the seller an opportunity to repair, but they wanted to charge £112 for an extended warranty, but that warranty was only valid for repair for devices sold by authorised dealers in Australia. In my opinion, the seller passed up offering a repair, which, if I understand things right, enables me to return and ask for a refund. If the seller demands that he repairs it? Who is responsible for the cost of return shipping back to Australia? My house in the UK is not available the tenant is a diplomat in his family.
  5. Hi all. I'm back asking for more help. The retailer advised me that to get the laptop warranty repaired in Australia, I must transfer it to Australia then purchase an extended warranty to get the repair. I have been offered a quotation to extend the warranty for £112 UK, but the quotation document smallprint says: "Device must be purchased from Australia authorised retailers for warranty extension to be valid." I had previously told them I bought the laptop in the UK. I asked them to waive the restriction that limits the repair to devices bought in Australia, but they have stopped replying to my emails. I then emailed the seller in the UK and asked for further advice on how to get the laptop repaired, but they too have stopped answering their emails. I've been without a laptop for a month, and I have now decided to buy another laptop. I want to return the faulty one back to the UK retailer via FedEx and ask for a refund. Am I in my rights to do that?
  6. I have emailed the seller as advised, lets see how they respond. I have asked for them to arrange a warranty repair, or reimburse me the cost of extending the warranty. I'll update when I have a reply. Hi sorry for the issue the system came with Dells basic collect and return warranty, this is no their international cover, for this, the system needs Dells premium warranty this is why they will be asking you to upgrade the warranty in AU Regards eComputers No.1 for Dell on eBay http://www.ebaystores.co.uk/ecomputersltd
  7. If I asked the seller to do the repair, I would have to ship to the UK and back, hence getting Huawei Matebook direct from Huawai store to tie me over. I expect to go to the UK early in the New year, possibly March April and there is a Dell store neaby in Reading. I transferred the warranty from the UK at the request of Dell and awaiting for them to come back to me and take payment for the transfer fee. To hold my end of the consumer rights laws, paying the warranty transfer fee is cheaper than Fedex to and from the UK. Aussie customs are funny about laptops being imported, and could charge duty on its declared shipping value. I have a UK address but my house is rented out. I can ask the tenants to scan mail for me. Once I pay for the warranty transfer fee, do I still have a claim against the eBay seller to reclaim the fee?
  8. I've not approached the eBay seller, because the contact information that came with the warranty said that the warranty is with Dell. I think the warranty is valid, but only in the UK. The fee I have to pay is to transfer the warranty from the UK to Australia. I am not sure I can sue the seller because I did not foresee, or tell them I would be travelling.
  9. DELL XPS 15 9510 4.6 i7 11800H 64GB 1TB SSD, 4GB RTX 3050 Ti, 15.6" FHD, WIn 10 WWW.EBAY.CO.UK 15.6" FHD+ (1920 x 1200) InfinityEdge. NVIDIA GeForce RTX 3050 Ti 4GB GDDR6 [45W]. 64GB DDR4 3200mhz (2x32GB). Dell's... I'll keep you updated with the progress wit the warranty repair. Im awaiting contact to take payment to extend the warranty.
  10. Hi, Thanks for the comments and advice. I didn't buy it directly from Dell. It was an ebay business seller. To tie me over, I bought a Huawei MateBook 14s. I'll have to pay the fee to transfer the Dell warranty from the UK and get a local Dell service centre to do the warranty repair. I knew I was taking a risk buying a laptop from eBay, but it was new, latest version, top spec and going cheap. It really is caveat emptor!
  11. Hi, I bought it on eBay as a new computer sealed in the box with a service TAG. I've given Dell notice of the fault to preserve the warrant period. It looks like I will have to swallow the fee to transfer the warranty and they have agreed to repair it. If they mess about then I'll get it repaired in the UK in the new year or press for the consumer rights act.
  12. I bought a Dell Inspiron laptop in the UK in August 2021. Last week, the laptop died, stopped charging and eventually went out. The charger works fine but the laptop doesn't. I'm staying with family in Brisbane and I tried to get a warranty repair through a local Dell store, but I've hit a stonewall. I must purchase an extended warranty for international repair £98 for 2 years ot £76 for one year. I'm OK with paying that, but now I have been told that it takes up to 15 business days for the warranty to be "approved" and even then, further time to get the repair done. I can send the laptop back to the UK on UPS and ask for a local repair, but Dell UK says I am "out of warranty" and they are being evasive about giving me the UK address to send the laptop. What are my rights under the Consumer Rights Act 2015?
  13. Back in December I booked flights through an online travel agent. Last week, the airline told me the flight was cancelled. I asked the airline for a refund, but they told me to contact the travel agent. The travel agent refused a refund, but after some badgering, they have offered a voucher. I don’t know what the voucher entitles me to and there is a risk the voucher becomes worthless if the airline or travel agent fails. So I asked for a refund which was refused. What are my rights on getting my money back?
×
×
  • Create New...