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http://www.oft.gov.uk/news-and-updates/press/2012/83-12 Cheers Michael

Cheque in full & final now received - lovely old job Thanks for your help along the way Martin Cheers Michael

After FOS involvement, got a letter from Tesco saying they'd reviewed & uphold the complaint - now offering full amount of transaction + report costs Only issue is that they want to credit it to the credit card account when the transaction was paid off months ago and this would now result in a credit balance on the card - replied wanting the refund in a cheque.....waiting to hear back! Cheers Michael

Decided I couldn't be bothered with another letter to Tesco & associated Special Delivery costs (finding things going missing under "Signed for" these days), so rang the FoS - they're going to write to Tesco to get them to reconsider and issue a final response, then we can progress Cheers Michael

Yes you can, in just the same way as your other creditors. In fact, have just done this myself - I rang up the court and they advised to write to the creditor owning the CCJ. I did so, and the creditor wrote to the court advising that it should be marked as satisfied as it was included in the BR. Next thing I know, the court writes to me advising that the CCJ is cancelled and I then find that it has been completely removed from all my credit files and the registry trust - much better than I expected. To be honest I only expected it to be marked as satisfied, the rest was a bonus Cheers Michael

Interesting - how do you mean "not automatic" & "conditional"? Ah right, I was being influenced by the old bank charges/PPI timescales... Duly noted, thanks Cheers Michael

There is that - but should I at least reject that and give them one final opportunity? (I'm only mindful that involving the FOS is likely to take more time) I'm not in any doubt that Dell's failure under SOGA renders Tesco jointly liable under s75 CCA, but is there any reason at all to consider anything less than a full refund? Cheers Michael

Well, we have a reply, so here's my update.... We wrote to Tesco saying: And Tesco have replied with (grammar and punctuation exactly as laid out below): So they've ignored a lot of what we said and despite not refunding the full amount, they haven't provided a deadlock/final letter as requested - bloody annoying. Also worth noting that they talk about crediting the account - well the balance on this card is zero (and my wife has already long since paid off the laptop amount).... My opinion is to continue pursuit of the full amount of the purchase - any devils advocates out there? Cheers Michael

I think the key is that it's an asset, whether "known" or "unknown". I'm sure the OR would be able to recover any assets from pre-discharge if they were deliberately concealed, whether they're still trustee at the time of discovery or not, wouldn't they?? Also, if you take the flip side and look at debts instead....any that can be included in the BR are included, whether "known" or "unknown" (i.e. whether declared on the SoA or not). So for me it would work the same way the other way around and the OR would be entitled to recover the PPI for distribution to creditors... (I look at it as everything pre-discharge as the OR's, whether asset or debt - everything since then is mine, with the exception of the IPA ) Cheers Michael

IMHO, I'd say it's the OR... (unfortunately, as there's plenty I'd like to go for - but balanced against the debt included in my BR, I'm more than happy!). Cheers Michael

Hi Martin Small update... Bit of a runaround getting the report sorted out - there's a PC hardware place near my work that I've used before for repairs, they were quite dismissive but would write the report in 7 working days and charge £40+VAT, or 3 working days and charge £50+VAT - told them to get lost. Then tried PC World (just passing last Satdi), who had 3 different staff check whether they still wrote reports - oh yes, booked us in for the Monday (at £29.99, so quite reasonable), only for us to be told on turning up that they no longer do reports.. Finally found a local PC hardware/peripheral repair place who were absolutely excellent - same day report for £35+VAT - identified it's a display issue and the display itself needs replacing at £125+VAT (the report charge would be deductible from this). Have now drafted a suitable letter for the wife to send to Tesco by Special Delivery today giving them 14 days to refund or "deadlock" - will update with the letter contents when we get a reply Cheers Michael

Thanks Martin - that looks very relevant I might just nip down to my local computer store and see if they'll do a report - then send a strongly worded stick up the backside letter to Tesco Cheers Michael

Thanks Martin - you too - proverbial bad penny me though Thanks, hope so as I'm a little stuck and I really want to stick it to this lot as DELL are a right royal PITA! Cheers Michael

Hi all A little wordy post, but probably needed to give you the full background. I'd like some advice on rejection under SOGA please....it's an area I think I'm ok with to start off with, but have run into stubbornness from DELL & Tesco credit card and am a little stuck with where to go next. Here's the story: On 29th December last year, my wife ordered a DELL Inspiron laptop online directly from DELL with her Tesco credit card (toptal cost £349) and it was delivered on 30th December. Until around April time, it was fine and had no problems - however it started to develop an intermittent display issue (horizontal lines across the screen) which appeared to be connected to the angle that the screen was at (i.e. it went away when the screen angle was changed). It didn't happen very often, but in May she logged a call with DELL technical support to try and get it resolved. Typically the problem did not occur when the rep was connected to her machine and he simply changed the display drivers (being in the IT biz myself, I reckoned it was hardware-related, but of course in this instance my opinion counts for nought). DELL closed the call with an email to say that if it re-occurred, to send screenshots to that email and they'd reinvestigate. Of course, the problem wasn't resolved and on 5th June we sent screenshots (which don't show the issue, because the video card obviously thinks it's sending the "right" info to the display), along with camera-shots of the screen and a video of the problem occurring (both of which show the issue quite clearly). On 6th June, DELL support called and advised that the laptop would need repair - agreeing with me that there was a problem with the hardware. 3 options were available: i) Have the laptop collected and returned to DELL for repair - would be FoC as under warranty but would take 10-12 business days; ii) Pay £29.00 and have an engineer visit at a location and time of our convenience; or iii) Pay £60.00 and have 12 months cover for an on-site engineer for this problem and any others. I told him that option ii was best (noting that we would not expect any further major problems with the laptop and if any did occur, the laptop would be rejected under SOGA). We both have jobs that have us in meetings and/or out of office at various points in the day, so getting a convenient time is quite hard work. I stated that the following Monday (13th June) would be a convenient time as we were both on leave - the rep advised that he couldn't book the appointment for the following week, but we simply had to reply to their email with the requested date and location before 1500hrs Friday 10th June and the appointment would be booked without a problem. We paid for the engineer visit was paid for and we sent an email on 8th June requesting Monday 13th June for the visit. On Friday 10th June after 1800hrs, we got a phone call from DELL stating that an engineer wouldn't be available for Monday 13th June after all and they could do Tuesday 14th June instead. Obviously we'd planned out the rest of the week based on DELL coming on the Monday, so that week was unachievable. As far as we're concerned, at this point DELL breached a verbal contract for an engineer visit on Monday 13th June and we had no faith that they'll be able to arrange a repair without some significant inconvenience to us - therefore I verbally rejected the laptop under SOGA as being of unsatisfactory quality (developing a major display fault within 6 months). DELL refunded the £29.00 paid for the engineer visit and gave me an email address to write and reject it in writing. On Sunday 12th June, I wrote an email for my wife to send to DELL setting out the above and rejecting the laptop - to which Robin D'Cruz at DELL replied with: We replied with: On 14th June, Robin D'Cruz (apparently in "Customer Relations") replied with: The attached file is a PDF of a letter addressed to my wife at my work's address (which is what we used for delivery....) stating the following: Quite clearly they are trying to be completely ignorant of SOGA and are getting confused with the DSRs! Figured that attempting to deal further with DELL would simply be frustrating, we wrote to Tesco credit card with the following: On deadline day, we got a reply from Tesco credit card: How best to respond now? Are Tesco correct? Do we actually need to get an independent report, given that the fault has appeared within 6 months of purchase and therefore it is for the retailer to prove that the fault didn't exist at time of purchase (prefectly happy to, just don't really see why we should)? Thanks muchly in advance for any help & advice Cheers Michael

I had a CCJ registered without receiving the claim form just as I went BR. I asked the OR about challenging it (as the OR administers your affairs) and got the following reply: "The Official Receiver would not look to overturn the CCJ on the grounds the paperwork was not received, and you cannot commence any legal actions other than for personal injury. I appreciate that it is annoying that the paperwork was not served correctly but the creditor will not get any preferential treatment in the bankruptcy by registering the CCJ." In my case (above), after discharge I wrote to the creditor with the CCJ with the notice of discharge and asking for them to mark it as satisfied (which IMHO they're obliged to do under the DPA). The creditor agreed and wrote to the court saying please mark as satisfied - the court actually removed the judgement completely (and it has gone from all the CRAs)! Cheers Michael