*claps* Tell it how it is .

Just to clarify a point: Q: Can I claim a refund after 14/28/90 days? A: There is NO set time limit in statute or case/common law. The law does state however that the consumer is entitled to a refund if he returns the goods before he has accepted them. Q: What do you mean by "accepted the goods"? A: A consumer accepts the goods when he keeps them for a reasonable amount of time without informing the seller that there is a fault/error in description etc. Q: When I bought my goods the seller made me sign a slip saying I accept the goods and am no longer entitled to a refund or something along those lines. Where do I stand? A: That contract does not in any way affect your consumer law rights. The contract isnt worth the paper its written on. Q: Do you know of any examples on what the courts judge to be a "reasonable amount of time" in the consumer law context? A: Yes, A gentleman who purchased a car reported a fault 3 weeks later, and demanded a refund. The court ruled that in that specific case, 3 weeks was more than a reasonable amount of time and that the claimant was only entitiled to the cost of a repair, not a full refund. Thanks. Tom3131

I really wouldnt reccomend insulting the people who help run this site ...... Because the people who have got thousands upon thousands of pounds back from the banks because of our help just might have something to say ;-) . Just three a day of the Humourzoid? :o Might "just" make me smile I suppose.... 8) Tom

I'm sure you've seen my "Laptop Faulty, Tesco Wont Act" thread . TBH they are getting worse. They told me that Tesco policy meant that nothing could be done without a reciept. I asked them to write it down and they asked why, I told him that the comment was unlawful and that I'd be having his job . "Sorry sir, its not Tesco's policy for staff to write down statments" . But to be fair, if you opened the strwaberries andslipped some poisen into them, and put them back and someone else bought them and fell ill. The CCTV of you being seen opening them in front of staff without being stopped would certainly secure a nice payout from the courts.... ;-)

Charming....... Will all users who are making defamatory, personal remarks about individuals, please stop immediatly! Is it helping people re claim their unlawful bank charges.....? NO? Then it doesnt belong here. CAG and BAG are not condoning any comments made by any users of the site, and reserve the right to remove any post they believe is potentially libellous. As is stated in the rules of the forum. Tom.

And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals and then post them all on an open forum for spammers to get hold of.... Then they'll get the message . (BTW "DONT" DO ALL THAT!! ) Tom

Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out...... Or tell Iain where your gonna be stuffing the laptop should he like to mess you around ?

The law specifies that where a specific date hasnt been agreed, goods must be delivered within a reasonable amount of time. This is an implied contract term. If you want to, write to them and tell them that there breach of contract has resulted in you buying another sofa, and that you claim the money for the new sofa, back of them.

UPDATE EVERYONE:- This evening, I took my original letter, in person to my local Tesco store. I asked to see the manager to hand it to her personally, she asked the customer service lady, on the phone, what I wanted to speak to her about. She came down, new exactly who I had spoke to, and then asked me if I'd be happy to come to her office. We went up, and she apoligized for the attitiude of her staff and said that she will be personally investigating. I handed her my letter, she read through and told me how astonished she was by the way I had been treated, I then informed her that I had emailed the letter to officers at Trading Standards who were investigating. She called up Acer from her office, demanded to know why they didnt offer to repair it when it was manufactured in August 05. The bloke on the phone passed the call onto his boss at Acer, who apoligized to me and offered to have my laptop collected first thing tomorrow, repaired, and returned within 10 days. He also said that the usual turn around time was 15-20 working days but assured me that he'd personally see to it and make sure my repair was speeded up. Tesco have offered me an apology letter from the staff involved, and a set of £50's worth of vouchers to use against non food items. So my laptop is being picked up tomorrow. Thank God . I was missing her already . Thanks for all your suggestions. Kind regards, (a happy) Tom3131.

lol, get on to your local Trading Standards department. Because saying that they never give refunds, in my opinion breaks the law. tom

Hey everyone. Tesco wont do anything with my faulty laptop. Read a copy of my letter to Tesco below: http://www.freewebs.com/tom3131/upload%20tesco%20letter.doc Any thoughts/suggestions? Thanks. Tom.

I agree with the above poster, dont pay a sole, this forum is free for everyone and if you can, and feel the forum has helped you, we ask you to donate. If you have any problems, you can PM me, email me : tom.consumeractiongroup@ntlworld.com and i have skype etc. If anyone approaches you offering to help you for a fee, please report it immediatly. Thanks Tom

Its a private parking company and ive never ever heard that they have taken somebody to court and won. Forget about it. If your really concerned, send them a letter saying you dont think there charge is proportionate to your breach of contract etc. and that they should sue you if they want the money. Tom

you have a statutory time period to cancel the insurance anyway... read your t&c's.

No unfortuanly, your right to a refund ends when you "accept" the goods, this is when you take them home and use them as your own without reporting any faults. About 2-4 weeks in my opinion. You are enititled to the "damages" caused by the breach of contract. These will be: 1) Provide you with a working TV, whether it be repaired or replaced with old or new. or 2) Pay you a certain percentage of the sale price back, ie: if they think you've had 30% of the TV's life usage then they may just offer you 70% back. 3) I think you'll end up going to court if you want the engineers fee back. Regards, Tom3131.

You don't need to talk to the manufacturor at all, you bought the goods from the store, therefore your contract is with them. Everything else has pretty much been covered. How much did you pay for it in the first place? By the way. If it did get to court I couldnt see you getting more than 30% of the original price back...it wouldnt be unreasonable to sell a DVD Player that lasts 2-4 years. Regards, Tom3131

I'm currently with 3, on Pay As You Go. I've had no problems with them at all, the phone was cheap, credit lats longer. Good all round for me to be honest...

Robinson Way & Co, do act for eBay UK. They sent me a letter demanding £90 for £50's worth of eBay selling fee's plus there commission. I called them up and admitted I made a few listings but none that would make £50's worth of fee's. I asked them to provide me a break down of what I owed but the ignored this and kept sending me letters. Eventually after 100's of letters threatening so called "immediate" court action they give up and I never heard from them again. I was actually too young to be using eBay at the time so they would of lost anyway ..... . Regards, Tom3131.

well done mate ;-) ;-)

Sorry to hear about your holiday. Write a letter to the First Choice head office, explain that your holiday was was not "As Described". Explain why it wasn't and then tell them how you wish to be compensated. Personally, I wouldnt go for a full refund. That would be pushing it. How much did you think the holiday was worth? £1,500? If so then ask for a 50% refund. You will probally have to issue court proceedings before they pay attention to you though. If you need any further help or template letters etc, then feel free to PM me. Regards, Tom3131.

Is this really Identity Theft? Its more of an Identity Mix-up. Write to them explaining that its not you. If they continue to harrass you then write them a letter with "Protection From Harrassment Act" written at the top, and warn them that they are causing you to be harrassed and that any further contact will be deemed harrassment and reported to the police under the above act. In the end, if they threaten you with court, then let them, because the judge would throw the case out straight away. No need to worry. Thanks, Tom3131.

Depends how many years you want to go back...? You could have a go, send a few more letters and seek advice in the bank charges forum....they have more expertise over there. Thanks. Tom.

And have some lawyer rip the case to pieces claiming a PayPal transfer/Cheque/Cash/Postal Order etc wasnt technically a "money transfer"? "Goods" include money, therefore i think the offence I mentioned would be fine . "15A. Obtaining a money transfer by deception (1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another. (2) A money transfer occurs when- (a) a debit is made to one account, (b) a credit is made to another, and © the credit results from the debit or the debit results from the credit." Taken directly from the Theft Act and clearly states that there must be a debit or credit to an account, therefore it wouldnt cover cash. . Tom.

Its been mentioned on this forum a few times before.. It could be a Debt Collection service or something.. http://www.touchredhill.com/business/list/bid/2229497 They are based it Surrey, but they have many other phone numbers than the one in the link above.. It would help if you told us why you want to know...? Tom.

The Sale Of Goods Act Ammended. The above act inserts "implied" contract terms, so if it isnt delivered, then it breaches the implied terms of the contract. But it also depends what context this is in, for e.g.: eBay seller takes payment for goods, never send them, never intended to send them, then that would be "Obtaining Goods By Deception" Contrary to the Theft Act, so thats a criminal offence. But I think there was recent case law that says, once the item has been passed on to the delivery service (e.g Royal Mail) then the item is actually your responsibility, therefore I think the law says that once its posted, the seller had already delivered it to you, and that the delivery service is then responsible. But dont take the above as the gospel. Tom.