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crantinope

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Everything posted by crantinope

  1. crantinope
    I did already do this The paper tag just came off the bit of elastic it was attached to when I was unwrapping the watch, I returned it with the watch. It was untouched other than detaching from the elastic, just had the model number on it with a tiny barcode as I remember I have ordered the watch from elsewhere now, so a refund is all I want, but I can tell from their last email that they believe that nothing trumps their T&C's. If I reply stating that I wish for a full refund, including the link regarding CCR, do I challenge them on what actions I have taken that have de-valued the item. They will state obviously that the lack of (attached) tag means the item cannot be sold as new, but where do they get 20% from as the re-stocking fee? their website clearly states 30% in their FAQ's (The retailer is PLUS WATCHES, in the UK, not US)
  2. crantinope
    Ordered 11th December, Received and unwrapped (by this I mean taken out of the box and plastic removed from watch to check condition and function) 13th December, emailed the retailer on 15th December, received back by retailer 20th December. (I have decided I don't want the alternative from them now, I would just like to get a full refund, but not sure how I challenge them on this). I paid through paypal with the money coming from my DEBIT card, forgot to switch it to my CREDIT card funding on this occasion. Below is the reply I received today: Hi Nick, It is clearly stated on the website if tags and plastics are removed we can no longer sell the watch as brand new and therefore we have to charge a restocking fee. We can either send you back this one or you will need to pay the fee before receiving the new model. Kindest Regards, Deborah
  3. crantinope
    I have sent the following reply: A fair reply? Hi Deborah, Just to confirm, I had to remove the plastic to inspect the watch and check it was blemish free and functioning correctly (buttons & winder). It was all in order, and obviously I would have kept it, but for it being the wrong style. Does this constitute me handling the watch more than was necessary to evaluate its condition as it was only the outer packaging that was removed? I was under the impression that the Consumer Contracts Regulations afforded me the same opportunity to inspect goods as I would in a bricks and mortar shop, i.e.. I wouldn't expect to purchase a watch that I could only view wrapped in plastic wrap. The watch hasn't been worn, just inspected. I would appreciate your comments on this especially as I don’t want a refund, just a slightly different watch and would ask that you consider waiving the “re-stocking” fee. All the best…….Nick
  4. crantinope
    Thanks for the replies, even though I am still slightly confused. I read the links provided and I suppose my question would be, Was I within my rights to remove the wrapping to inspect the watch and check it was blemish free and functioning correctly. It was all in order, and obviously I would have kept it, but for it being the wrong style. Does this constitute me handling the watch more than was necessary to evaluate its condition? I obviously don't want this to be a long drawn out process with the retailer but it would be good if there were something I could quote them to show their stance is unreasonable (if indeed it is)
  5. crantinope
    Just to clear up one thing, the "snapped tag" is just the little paper Michael Kors tag with the Barcode and mk5569 model number on it. It was attached with a 2" piece of elastic type string to the strap and came off when removing the wrap, it wasn't a part of the watch that "snapped"
  6. crantinope
    The email conversation I have had with the retailer so far: Hi Nicholas, We have received your watch back however there are no plastics and tag is snapped, we therefore cant resell as new. We can only exchange this watch for you if you pay a 20% restocking fee and the difference of price of the watches or we can send it back to you. Kindest Regards, Deborah ============================================================================= Hi Nicholas, Thanks for your email. We can invoice you the difference in price once we have received your watch back. Please attach the Name, order ID, together with a brief note so that the shipping department know what it is about. If you require any further assistance please be reassured that we are here for you at all times. Kind regards, Deborah ====================================================================== Hi, I just wanted to advise you that I recently received the below watch (please see order ref), but I have helpfully been advised by my partner that I purchased the wrong one!! The one I was supposed to have ordered was the MK5263 Blair version. I can see there is a difference in price between this and the one I have ordered, and am happy to pay the difference. Is this going to be a problem? Kind regards.
  7. crantinope
    Hi, Could someone please give me some advice?. I recently bought a Michael Kors watch online. When delivered, I opened the box and then for the purposes of inspection took the clingfilm (well, posh clingfilm for a better description) off the watch to check all was in good order. The attached tag actually came off in the process of removing the wrap. When satisfied there were no defects etc, I put it back in the box and gave it to my partner the next day. Unfortunately, I bought her the wrong version!!!!!. Even though she offered to keep it, I said I would get her the right one. I emailed the seller and advised of my mistake, offering to pay the difference between the 2 (about £9). This was agreed and I returned the watch the next day. Now on reading the returns details to get the address, it stated that a 30% re-stocking fee would be applied if the wrapper had been removed from the watch. Sure enough, I got the email today saying the watch was now "not new" and a 20%??? re-stocking fee would have to be applied. I was under the impression I was allowed to remove the wrapping as I did to make sure the watch was all in order, am I incorrect?. In addition to this the 20% advised is not what the website T&C's state. Where do I stand on this. The watch wasn't worn, and was only actually taken out of the box by me, she didn't even put it on. Any advice would be greatly appreciated.
  8. crantinope
    So make sure I get back on the phone to HMRC, insist that I deal with them and offer them repayments?. What about Rossendales, what will their next move be? Do I contact them at all?
  9. crantinope
    Thanks both for sorting that. Right, I think I have got it this time:
  10. crantinope
    If someone can actually advise how to delete the attachments I have already uploaded, then I will, but ATM it is not plainly obvious how to get that done Cheers.......Nick
  11. crantinope
    2nd attempt.
  12. crantinope
    Just a little bit of advice needed if possible please. The short version is: We were overpaid tax credits. We were advised in October, the chaser came maybe mid November, and after trying to call through to sort out a repayment plan numerous times and being unable to ever connect during my lunch time(s), I wrote directly offering to repay back at a rate I was originally overpaid. Having only been a couple of weeks ago, I wasn't unduly worried about not receiving a reply, but instead have now received (hopefully attached) a letter from Rossendales instead. This came yesterday (4 December), and they have started ringing today (according to my partner). I have no problem paying the money back, but just wanted to know what kind of repayment Rossendales were likely to accept. (I am thinking around £150-£180 per month on £1800 debt). And yes, I know, I should have sorted this directly with Tax Credits after receiving the initial notice in October, but a few pointers would be helpful about what I might expect, because I/we certainly haven't got the money to repay all in one go. Thanks.
  13. crantinope
    I shall get my thinking cap on. That is definitely his name, and the business address is the only address I have for him, so I presume I would name him and not the business as the defendant, with the business address as the correspondence address. Correct?
  14. crantinope
    Ok, so it has got to MCOL time I suppose. The question is, do I have anything to worry about?. I have copies of emails requesting a view of a mock up before signing off, I have the infamous email telling me I was going to get my frame back fully stripped to bare metal, and I also (finally) have digital copies of the calls last August and November, and on both occasions I requested/said I would await the "mock up" which never materialised. I have tried to read up on the MCOL and the protocol, and clearly the first step is to register the claim and then worry about the evidence when it is requested. Anything else I should know, read??? Cheers......Nick
  15. crantinope
    Reply I received from EE today. "Nothing to do with us govner" Thank you for your email dated 8 May 2014 addressed to Olaf Swantee, Chief Executive, EE Ltd. Olaf has asked me to reply and keep him updated on my outcome. Please accept my apologies for the delay in responding. I regret EE is unable to assist with this issue as the phone is the responsibility of Apple. The warranty period is 12 months from date of purchase. Apple do not allow us to repair or replace their products and hold the sole rights for this. Any repairs or replacements would need to be referred to Apple, should they charge a fee this would also be payable if outside of the warranty period. The software updates released are done by Apple and EE as a network have no control over this. EE provide the SIM Card and access to the mobile network. The Terms and Conditions of your agreement do advise that the phone does not form part of the agreement and is sourced outside of this agreement. The Executive Office is empowered to deal with any queries directly addressed to Olaf Swantee, Chief Executive Officer and the Board of Directors. The Executive Office is the highest point of escalation within EE. Should you remain unhappy with this decision, the next step would be to seek independent advice via the Communications and Internet Services Adjudication Scheme (CISAS). CISAS can be contacted using the below information: CISAS International Dispute Resolution Centre 70 Fleet Street, London, EC4Y 1EU Email: info@cisas.org.uk Tel: 020 7520 3827 Whilst I understand this is not the outcome you were looking for, I trust I have clarified EE's position regarding this matter. Yours sincerely Victoria Hunt Executive Office, EE c.c. Olaf Swantee, Chief Executive Officer - EE Ltd
  16. crantinope
    There are only so many times I could have tried to put it to them that it was they, and NOT Apple who needed to provide the resolution. They point blank refused to acknowledge it was their issue now and not Apples as the 12 month warranty had expired. I did forget to say, I think the chap did say "we can send it to Apple for testing", would this be a course of action to agree to, bearing in mind that if none of the fixes suggested by Apple don't work then it can't be fixed anyway? Cheers...Nick
  17. crantinope
    Well finally managed to visit the shop I bought it from today, and here is a selection of soundbites I endured. "We only provided the network access", "The only time I have seen this happen (once) the Apple fixes remedied the situation", "You need to contact Apple", "It is a software issue when installing the latest IOS". Despite advising that I had purchased the phone from them, and that I was not happy that a phone that was just 3 weeks out of the Manufacturer warranty was now useless and it was their, not Apples obligation to find a solution suitable to me, they were unwilling to help. In fact, I took along some helpful quotes from the SOGA, and the chap had never heard of it, and it was not apparent to him how it was relevant to my iPhone and it's "not being fit for purpose through no fault of the user". All in all, they didn't really seem to be aware of any problem, so I told them to look on the internet to enlighten themselves. Oh, Olaf isn't replying either despite 2 emails to him What should my next step be? Complain using EE's official complaints procedure? Cheers...Nick
  18. crantinope
    To be fair, if you have checked the internet for Apples response to this problem, you will see quite clearly that they don't give a toss about anyone's handset that is outside their 1 year warranty, and will care even less so about a handset that hasn't even been purchased from one of their own stores.
  19. crantinope
    Cheers, I have emailed Olaf to outline my situation and have requested a resolution is reached. I will let you know. Cheers.......Nick
  20. crantinope
    Hi all, Just wondering if anyone could provide some advice, or just advise me I am clutching at straws. I will just note the problem in bullet points to make it easier to follow. The problem/issue: New IOS update has rendered 000's of iPhone 4s models with no wi-fi because the option is now greyed out in the settings section General concensus is that it is a hardware issue It seems the latest update has revealed a fault/limitation of the wi-fi chip Apple has provided a list of fixes to follow to attempt to resolve the issue If all of these fail, the advice is basically tough luck, buy a new phone All of the above information is what I have obtained from the internet regarding the problem. My Situation: I purchased an iPhone 4s on a 2 year monthly contract with a reduced upfront payment for the handset directly from a T-Mobile shop. I purchased the handset in April 2013 I am outside the 1 year manufacturer warranty. The issue has affected my handset and none of the fixes suggested by Apple have resolved it. I now have a phone that does not connect to wi-fi, only 3G I not very happy Although outside the 1 year manufacturer warranty, is it fair for me to expect my handset (that would cost between £3-400 if bought as a handset only) not to be crippled by what is basically an update installed on the direction of the manufacturer (Apple) in the name of giving my phone greater performance and capabilities. The fact that it seems to have awoken a fault with the chipset that was until the latest update, dormant, would suggest that the fault was present from the date of purchase, and was jolted into life by an update direct from Apple themselves. Obviously in the 1st instance I will go to the shop, but by all accounts, they are likely to say "sorry, need to pay for a repair". Any advice on how I should play it if that is the response? Cheers...Nick
  21. crantinope
    Still not sure, here is a link to the website I contacted (the email address on the website anyway)and any subsequent phone call were made to the number on the website too: The second link is what I found on "company check". Could you just explain the difference between pursuing the individual or the company?. Oh, and as an update, I sent the letter and received no reply. I have not got cold feet, I am just waiting for the company I work for to supply hard copies of the conversations I had in August and November where we discussed the options and agreed the course of action (I forgot that we record all incoming/outgoing calls and that is the phone I used). http://www.graphicshack.co.uk/ http://companycheck.co.uk/director/915455795
  22. crantinope
    Thanks very much for the help, much appreciated. I got most of it right
  23. crantinope
    Is this any good? It seems to waffle a little. Do I need to mention anything else?, or do I need to start again? Business address line 1 Business address line 2 Business address line 3 Business address line 4 Business address line 5 For the attention of John Smith, today’s date I am writing this letter to confirm the current situation of my complaint as I see it. You have completed a project for me in respect of a frame respray and restoration. Unfortunately, I am not happy with the completed work for the following reason(s): • The decal placements, size and positioning were applied to the frame without my prior agreement via phone call, email or letter. • We had spoken previously in both August and November 2013 by telephone about the size and positioning of the decals and I had backed this up with an email request for a “Mock up” of the frame to this effect. I was of the opinion that you understood the requirements and would contact me to finalise this. • Instead, no contact was made and a decision was made (not by me) to go ahead with the completion of the project. You have refused my request for the work to be rectified without further financial cost to myself, as you are of the opinion I provided you with no “proofs” of the decals to be used or indeed their size. I refer back to the phone calls of August and November where I asked you to replicate the size and positioning of the decals used for the Blue/Yellow Pioneer, but using the font we had agreed, namely Mistral. I am seeking the return of my property that you are holding, namely a Raleigh frame & fork, a handlebar stem and a bottle cage. I refer you to your email of Friday 7th March, where you advised me that you would be returning my items once they had been stripped back to bare metal. This is now the only course of action that I am willing to accept as you have failed to deal either sympathetically or effectively with my complaint. I expect to receive a reply to this communication by 14 days from the date on this letter Yours sincerely My name
  24. crantinope
    Thanks. I am a bit confused about the person/business angle TBH. I initially contacted the website sales email address as it is a website offering the services I required. Obviously I have been dealing with a single individual (who does actually run the business), but it is the number on the website that I call when I needed contact. Does this mean I am holding the business responsible? With regards to the letter, do I title it as a LBA and just include what I was expecting the outcome of our agreement to be, what has actually happened to make me unhappy, and what I now expect as a resolution. i.e the return of my property in an undamaged state as was initially offered but then withdrawn. Cheers.......
  25. crantinope
    Well I do have my email to him requesting the "mock up" for me to view and agree, I don't have any email confirming this information because it was never sent to me. Regarding the placement and size, this was done over the phone and the example I referred to regarding what I wanted was another bike that he had done previously and had the graphics on file. I then sent a follow up email to him confirming the phone call and awaiting the email. At the end of the day, there needs to be some kind of communication where I can see what is to be done and agree it. This was never sent to me, and that is why I am not happy I only want my items back in a state where they can be sent to another company to do the job properly. This would require all the paintwork applied being removed and only bare metal remaiing. Is this something that the LBA covers?

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