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human.error

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  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This is a situation that the SLC create themselves 'losing forms' they've done it on me on numerous occasions, the 'lost' deferment form was exactly the same as yourself, I returned the form and had the receipt infront of me. I pointed out to the woman giving me a lecture that they had taken delivery of the form not more than 2 days ago, I even provided the signees name. A phone call a couple of days later admitted that like yourself, the letter had been accepted by the 'post room' and was delayed in being taken to that persons desk. What's not apparent and you need to realise is that they 'collections agencies' that they give your cases too. Are infact IN the same building and are infact another 'face' of the SLC. Scott & Co Is one and obviously there are others. I'm still dealing with the slc as I constantly have to send back their deferment form every year without fail, they constantly 'lose' it and then I get charged for their inadequacy.
  3. Hi As per subject Quick Question: Small Claims Court Bundle - Other Sides Statement. I've received a bunch of papers and am working my way through trying to collate a bunch of my own. Apparently this bundle has to have ALL the information that I will be relying upon IN court on a specific date. The other party has made a statement, of course I don't agree with half of what they say. Am I expected to reply to their statements and include my own replies in with these bundles of paper or not? I only ask as I'm confused by the fact that essentially my answers will be the crux of the case. Yet the time allocated for the hearing is 1 - 2 hours which seems quite a long time to discuss something when everyone knows the facts and both sides of the arguments. I would have thought that 20 minutes would have been more likely afterall its not crown court or a murder, just a store refuses to honour my rights under soga - so can't work out why its allocated so much time. Or whether I'm missing something? Many thanks.
  4. Yes. B&Q owe you a duty of care, that means that you can walk around the store without incident, or without the store affecting your safety. So yes you can claim for your damaged items in short, the fact that cctv doesn't cover that part of the store is not your concern, the fact is you've suffered a loss you've filled in the accident book and you've declared your loss to the person at the store. Now its just a case of proving to B&Q head office that the damage was done so photograph the damaged articles and ask the dry cleaner for a statement or letter saying in his experience dry paint is difficult to remove and not worth the money. Then send COPIES of these items to Head Office along with a covering letter explaining the event and how damage occurred in which store and how much it will cost to have the items replaced. Goto the shops and price these items up, don't make a 'guess' if the shop says 'no' then you'll have to go through the small claims court to get your money or goods replaced. HTH
  5. Fwiw a friend of mine was 'forcibly evicted' in a similar manner, in his case however they had a house at the back of the area he was supposed to be looking after. They also did the changing of locks etc which is technically known as trespass owing to them not having a legal right of entry whilst the tenant is in residence, this is a whole complicated area. If your friend gets a good Solicitor there's serious money in this, my mate got 30k because HE decided he didn't want to fight for another couple of years for the property. Yes, that's right, it can cost a property owner the price of their home to evict someone unlawfully from a property under these circumstances. My advice, get a solicitor, don't be messing around with CAB etc, get a solicitor! It's also worth pointing out that your mate could conceivably have been allowed 6 months to move out. Best advice anyone can give is to DO NOT MOVE ANYTHING OUT to do so suggests that there's been some cooperation, if you goto court over this the biggest thing they'll go on is the fact that you've been deprived of your home and safety, if the landlord confiscates or destroys the items left there which he owes a 'duty of care' he has to replace them with something, your mate my choose money like mine did. The fact that this is a pub chain could be embarrassing if the press were to get hold of this issue, its also worth your mate getting PHOTOGRAPHS of the entire place, from top to bottom and then don't leave them on the camera. Print 'hard copies' out to keep in a file somewhere, be sure to get photographs of ANY DAMAGE as well as an explanation, a witness statement for instance acknowledging the broken lock as well as a photograph as to its Current state, if possible turn on the Time \ Date recording options on the camera so everything is time \ date stamped. If you've not got a camera, then take a video camera but make sure to walk through the property slowly. HTH
  6. They record their calls, they issue the warning everytime you call them that incase there is a problem later then they have a recording. I thought a 'DSAR' was a 'data subject action request'? Is there some kind of template for this, as I can't seem to find anything other than a google search for such which leads me to warickshire council. Oh yes and as regards recording my calls from now on, not a problem as I purchased one of those TrueCall devices, it's just a shame we can't go back in time
  7. Hello again, Sorry to resurrect this old topic but for various reasons the 'DSAR' never got undertaken. I am now about to go through the Small Claims Court in order to achieve my aims. This whole situation is about a broken TV. The company concerned essentially kept moving the goal posts regarding how much repairing the TV would cost ie: £300 Sir, at which point I threatened to take them to court, then they advised me 'did we say that oh no really we meant to say £200' then once they had the TV it was you must have spoken to a non-techie person but what's important is that we're waiting for payment of £575 and you can have your TV back. They say that what I was told wasn't what I was told, so the only way I can go is to take them to court. What I wanted of course was to prove they gave me several prices and each time they have gone back on each in turn. In answer to: My Real Name; Yes the company is listed as one of those who process such data. It's a national chain. I would like help with the DSAR if at all possible? Specifically is there a template on the site somewhere? If not, is there any particular information that I should include so as to get as much information as possible? I would like for instance a list of people who accessed my account because they've also told me that I've not called when I said I have called etc but seeing as I didn't keep any records of such things as when I was calling, I need to get such details from them. Thank you for your time and any input you can offer.
  8. I personally, if I had to go through dealing with Comet all over again. I would just phone the store I purchased the tv from up, inform them I've had enough the faulty tv I purchased from them is coming back to them in the next hour or so and you would appreciate them having the refund ready for your collection to speed things up, don't give anyone a chance to tell you they're not qualified for checking the tv, just put the phone down then take the tv back. Once it's back in the shop join the que, then and await your turn, there's no need to get nasty, shouting etc you could print off the afforementioned fact sheet if you need too, it explains your rights in intricate detail. If someone comes and advises youo they were going to tell you whatever on the phone but you put the phone down, tell them they're wrong and you've brought the faulty tv back as advised by head office you don't know who you spoke too, but this is the advice they gave. Essentially play them at their own game, as you'll find alot of anonymous people dealing with you at Comet and no matter how many notes you make, there's never anyone called xxxx in that office that you could have spoken too and if theree was, then they YOU obviously missinterpreted what they were saying to you. That's what I've had through dealing with Comet, so to avoid all of that or any future hastle I would just return the tv as advised. Once its back in their possession you can point out its returned due to being faulty, you want your money back or buy another brand, it's your choice. They're more likely to opt for the exchange because they don't have to refund you your money. However, it's worth pointing out that should the tv go faulty at any point onwards, prepare to fight for your rights as they'll try everything to escape theirs. HTH
  9. Box it up and take it back to the shop. Or get some friends to help you take it back to the shop, otherwise what will happen is this. Comet will come and tell you there's nothing wrong, or more than likely they'll take it away keep it they can convince you to pay for it to be repaired, or hold it untill you have no choice but to take it back. There is NO 28 day rule, that's Comets idea of how they interpret the Sales Of Goods Act, it's not legal if you're not happy you've got to get it back to them as soon as possible, this is especially the case when it's faulty. By taking it physically into the shop and requesting a refund you will stand a better chance than using any other means, by all means call them first and advise them its your day off and you're bringing it back for them to sort out and please have your money back for collection: Sale of Goods Act Fact Sheet - BIS HTH
  10. Hi, Thought I would mention this, there's a Firefox Addon called 'Quitomzilla' available here: https://addons.mozilla.org/en-US/firefox/addon/444 you just install it and then input some relevant details such as how many you smoked, money spent etc and it keeps a track of how much you've saved, how long you've gone without etc. I use it to wind up a mate of mine, he said he would give up but didn't last past a week. As a consequence whenever we're in touch I take a look and remind him as to how much he could have saved if he had been serious all of this time later. HTH
  11. fwiw there are several 'paypal sucks' websites: PayPalSucks.Org, Home of the PayPalSucks.Org Cartoons & critical commentary on PayPal.com , NoPayPal UK and PayPal Alternative - Pay Pal Lawsuits, PayPal Complaints & Fraud and Horror Stories: PayPal UK edition there are others, but I'll let you find them, there's sure to be loads of people out there that have the same complaints against paypal. HTH
  12. Just reading through and I can't understand why you don't go for something like a Social Loan Jobcentre Plus - Working Age Benefits Social Fund Crisis Loans you don't as I'm sure you know need a high powered laptop, one even 3 years old will get you something decent at around 100-150ukp something like a Pentium Portable processor for instance or something like this which is ex corporate stock: BigPockets.co.uk :: IBM Thinkpad T42 Laptop Centrino 1.7Ghz - 1Gb - 40Gb - COMBO - Wireless WiFi - 14 inch TFT - Win XP Pro £194.99 or even BigPockets.co.uk :: IBM Thinkpad T41 Laptop Centrino 1.6Ghz - 512Mb - 40Gb - DVD - Wireless WiFi - 14.1 inch TFT - Win XP Pr £179.99 will do you quite well, it's a tough laptop too, it's worth pointing out. Yes it may not be like the one in dixons, but it's cheap will serve you well and doesn't cost 3 times more than it should. If you can't buy it yourself, ask a mate heck ask them if you can borrow a bit of cash, but don't fall into this 'buy as you whatever' rubbish, it's a trap just waiting for the desperate hell they're even waiting around 'help forums' like these to prevent any negative publicity. Good luck anyway with your business. Just thought I would add the above in case it was worth your consideration.
  13. Hi thanks for everyone's input on this, the issue is that people within the organisation said things but now those statements I'm told are simply 'untrue', so I'm asked to prove they exist. Persoally, I would ask they prove they weren't said, afterall they're the ones that record their calls aren't they Obviously, if I knew things were going to go so badly, I would have recorded things, but alas it's too late now. However, I can ask for transcripts providing dates\times of the calls and the correct way to do this is a simple Subject Access Request and a £10 postal order? If that's true, I'll get straight onto it. Many thanks.
  14. Hi, I phoned a shop sometime ago and had a series of conversations with their staff. They failed to honour their part of an agreement and now they have asked that I prove what was said during these conversations. Now as I don't routinely record my phone conversations, how would I go about acquiring any proof that they have as they provide the usual warning when phoning that 'this call maybe recorded for training purposes'. So assuming that they did indeed record those calls, how would I go about acquiring copies of them? Many thanks.
  15. The laptop will have been purchased from the Dell Outlet, people purchase these and then sell them on through small adds, ebay and the like claiming them to be either 2nd hand but perfect or New they'll advise you they'll pass the warranty on but more often than not don't bother, why should they? They've got their money afterall.
  16. Tell your bank to stop the debits then advise them they're taking the money fraudulently. Then ask them if you can cancel the card and for them to reissue you with another one. This happened to a mate of mine, in the end he lost his card by accident and the number became invalid so they couldn't take any more money. If you can, get a credit card also for these kind of transactions, it doesn't offer a lot of protection but it offers a damn site more than a debit card. If you can't qualify for a credit card then use one of those 'throwaway' cards that they sell in newsagents or at the post office. At least then they can only take as much money as you have on the card and nothing more. HTH
  17. They'll take the £49.99 'fee' from you first, then after inspecting the laptop they'll tell you the following. Batteries are considered 'consumables' and therefore are NOT covered by the warranty. Data is YOUR responsibility to backup. If you choose to NOT backup that data and lost then you have a problem. How about getting the data retrieved, or put the drive into a drive caddy and then see if your new computer can pick it up, it maybe a case of just having it recognised and then copying the data off of it. The good news however is that generally speaking, unless there's a significant power surge then the laptop should work ok. Even if there had been a significant power surge in your property then the harddrive should have been protected by an inbuilt surge protector which will have been on the laptops motherboard, so you may wish someone 'authorised' to look inside your laptop takes a look, then gives you a report which you can then present to Comet. Otherwise they'll just take your money for the 'inspection' and tell it must have been something you've done. Or they may give you some kind of discount on repair. If I were you, I would persue the fact that some kind of power surge took out your laptop, there should have been something inside that protects your laptop and prevents that from happening. I wouldn't have thought that you had previously had a problem with the audio of the laptop had anything to do with things, though it depends upon what nature of the problem was and what action the repairer took to repair it. He could have needed more space for instance and removed something he considered pointless like the surge protector, afterall why would you need one we have nice clean power supply in the UK, nothing ever goes wrong.... so find someone authorised to go into the laptop and who can give you a report at the end of it. HTH
  18. Those that are witnessed by 3rd parties and those whereby a payment plan or cash transfer can be proven in a court of law at a guess Reminds me of a situation an old mate had after selling his old motorbike, he found his sister had a verbal contract that worked well for her she didn't have to pay, he went round got the keys and took back the bike. She came storming around after calling the police and she stated she had a contract where she took to paying for the bike in monthly instalments, he corrected her by stating no you had a contract to borrow the bike and put petrol in the thing, then you lost the keys. I've found them, and I did tell you I was taking the bike back, just because you decide you don't want to give it back doesn't mean it's NOT mine, I'm the one who its registered too though you tried to get around that. The police walked away telling her she shouldn't try messing her brother around Written contracts work both ways apparently, as for verbal contracts well they're not worth the paper they're written on, which is why it's always advisable to have a written contract. The advantage of the verbal contract however, assuming the other party can't prove what they say is true, is that it's one parties word against the other. When the two people concerned are family members such disputes are 'family disputes' and the police tend not to intervene and the court tends to not bother either apparently.
  19. I would advise photographing the fridge before they take it, so you've got proof of the condition it was in when it left your property. Also be sure to get a receipt and if they make mention of a 'restocking fee' you don't have to pay that either! HTH
  20. Send a copy to the MD of the company too, as it WILL be quicker if he gets it. It would be much better to send a FAX, yes a fax don't ask me why it's just something that someone told me earlier this week, something about faxes usually being directed to the 'head' of most companies for some reason. I forget why, so try to send a fax of your letter and see how it goes. You can't have too many letters bouncing around a company when you're trying to sort something like this out can you?
  21. If I were you, I would write a letter for the attention of Managing Director Acer UK. 'Bobby Watkins, UK managing director of Acer' June 2008 Acer demands commitment - 08 Jun 2009 - CRN use their head office address: Contact us send a brief synopsis of what's happened this far, what people have said and then how things seemed to have changed down a gear, tell them what you propose about sending video of your removing the os, how they themselves can verify that the license hasn't been activated by YOU and no updates downloaded etc everything we discussed and then advise them you just wish to find an easy reasonable solution to this. Also explain that you think it's unreasonable for the cost to be so disproportionate. Suggest he can sort it out with his office to get you your refund. You could then get a couple of addresses of linux magazines, write a letter to each to their 'problem pages' announce to the world how 'not bothered' Acer are to supplying Linux, or worse how they push Vista over Linux at any cost. In order to put you off and so they don't have to honour their obligation even though you have proof there's a procedure in place, they require you to pay disproportionate costs. Then bundle this lot all off, and send it to the Acer UK address. Send the letters to the magazines, you should get a reply within about 2 months Yes, I can see why. You could, but it's just a case of applying the correct pressure. So you could do that, see what happens but be aware you'll have to go through with proceedings once they're started though you can use moneyclaim.gov.uk which is easy enough. HTH
  22. You couldn't make it up could you and after all that studying the facts too Stick in there, I'm sure it will all get better in soon.
  23. It's my understanding fwiw that they can be statute barred if you've got the right number of years 5 Scotland 6 UK IIRC then you could do worse than read the posts in this forum as you'll get the information a lot quicker that way, it is in here. I've seen it, failing that create a new post and see if 'noomil' replies to it. HTH
  24. It would seem so, did you call them? Well that's their lookout, though it's in their interest of course to forward it to you, as I would think it would require at the very least a declaration from YOU that you were trading the license back, perhaps your signature too. Maybe, but better mentioning it now and in writing rather than argue the toss over it later eh? You can as GraceCourt says at a later date send them a small claims request for them to return to you x amount or at least that which you would consider disproportionate to the costs of sorting the situation out. But also include in there that you seem to have a friendly amicable relationship going now and you would rather not fall out as I'm sure they wouldn't, afterall the nexttime your partner has to purchase a replacement laptop, she may not look as favourably on Acer as she did lasttime, it maybe worth mentioning that it's true she's not going to buy 1000's of units, but when she goes to those meetings\lunches and they all 'huddle' at times of eating and they get around to discussing computers as often happens, comments such as 'Acers suck! well my partner was treated terribly by them because...' have a greater impact in these competitive markets. I'm sure you get the idea, there's not much a company will guard or maintain as hard as their 'name', so you could use that to your advantage. Who knows who your partner knows, she could make the same statement to the local paper person and they may pass it on to their mate who will discount acer just because someone mentioned how terribly they were treated! Better for everyone to leave the arrangement with a positive feeling, than a negative one. If you get my point, even if you don't they will and if you get it accross to them well enough there's a good chance they will cough up that extra £20 just to maintain that positive response from you. Lol you're making it sound like its some kind of test, it's just a couple of people talking, but if you handle yourself professionally and keep your head you'll more than likely come back with what you want. If not, threaten 'em with the small claims court Best of luck!
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