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  1. Hi, I was charged with false representation by swapping the price tag at tk maxx, for two accounts. I want to admit to the swap (although wrongly and no intention to fraud, i understand the outcome is that is is still wrong) , but the items are genuinely bought from the shop. For one of the item, I remember there were at least 3-4 pieces displayed when I bought it. But the store prevention officer says they are certain and have given their sworn statement that is the case. I want to plead to guilty, but as some of the details are wrong, do you think i can challenge this? As I did not with intention, taking items from other place and return to TK. If investigated, does TK has photo of identifier for an item by it's brand, or matches the item description or look? Also, my charge says that i made a gain of cash, but i was actually given credit note, as the items were passed 30 days. Thank you so much in advance.
  2. Help appreciated from wiser heads on here than mine will ever be . . . At the beginning of last month, June 2015, a friend of mine purchased a 37-month-old Ford Focus 1.6 diesel from one of the Northeast branches of the Evans Halshaw group. He px'd his existing car and paid a cash difference of several £000s. The Focus being a month out of manufacturer's warranty wasn't particularly troubling as the car came with a full service history and Evans Halshaw's 3-month parts and labour guarantee. At completion of the transaction, my friend drove his newly acquired Focus the 60-odd miles to his home. Next morning, he drove the car a short distance for an equally short time before it broke down. He contacted the dealership and it arranged to come and take the Focus away for repair. The car was collected next day. No word was heard from the dealership in the following week and it was only when my friend telephoned to find out how the repair was going that he was told 'we haven't had time to look at your car yet.' So much for week 1. The week after that -- 2 weeks after the transaction -- he was told the fault was a fuel filter which had now been fixed. His car was ready for him to collect. He pointed out that he had no car to go the 60 miles to the dealership so asked for his car to be returned to him. The dealership was manifestly reluctant to do so but three days later, brought the car back. Next morning, my friend drove the Focus for a short time and over a short distance and it broke down again. The car was taken back by Evans Halshaw to be repaired again. My friend was told that a part was awaited. It's now 3 weeks after the date of transaction. My friend told Evans Halshaw it was his belief that he had been sold a product not fit for purpose and should have his money back. He had given the dealership the opportunity to fix the car but it had failed to do so. He was incurring extra costs and going to no little effort and inconvenience as a result. Evans Halshaw told him it wouldn't take long to fix the Focus and they would provide him with a loan car for a few days. This turned out to be a 3-cylinder Vauxhall Corsa, significantly smaller than his own former vehicle as well as the vehicle he had purchased but was unable to use. With the Focus still unrepaired by Evans Halshaw, my friend complained to the dealership last week -- that is, 4 weeks after the date of transaction --about its refusal to refund his money and its failure to repair his car. He pointed out that he has a longstanding booking of a fortnight's family holiday in Cornwall, commencing next week. The Corsa is entirely unable to accommodate himself, his family and his luggage and seems hopelessly underpowered for a round trip of 600 miles or more. Today, Tuesday July 7 2015 is now 5 weeks from the date of the purchase transaction. The Ford Focus is still not repaired. Evans Halshaw is making great play of the fact that it isn't actually charging my friend a penny for the work (work that failed in the first place; work that hasn't even been done since then.) It is steadfastly refusing to refund his money, that is, to restore him to the financial state he was in prior to purchasing the car. Evans Halshaw continues to be unable to repair the car, saying it is *still* waiting for a part to come in. It seems markedly disinclined to even discuss the issue of the 3-cylinder Corsa loan car. Question 1: what rights under consumer protection legislation might my friend specifically exercise by way of bringing pressure to bear on this dealership to give him his money back / return him to the financial state he was in prior to the transaction? (NOTE: the dealership claims it sold his PX the day after the transaction. Presumably, it went into the trade. It seems highly likely to have been retailed out in so short a time.) Question 2: what complaint process should my friend be following here? He has lost all faith in this dealership so should he be taking it up at a higher corporate level at Evans Halshaw?(Not sure where to start with that one though.) Question 3: is there a 'professional body' to whom he can file a complaint about what has happened / is happening here? In summary: it is now 5 weeks since the transaction occurred and he does not have the car he purchased, does not want the loan car the dealership persuaded him into accepting, and having given the dealership every opportunity to repair what is, after all, just a Ford motor car, not some exotic beastie for which spare parts are hard to get, believes he is entitled to say that the car he was sold was not fit for purpose then, is self-evidently not fit for purpose even now, and he should have his money back. Now. Any thoughts? Thanks.
  3. We moved on the 17th April from one council to another. We informed our old council and gave them thr new address just for final bill purposes and are now paying our new council. We received a letter stating they were closing the account and we were due a refund of £228.66 which arrived separately on the 8th of May. On Saturday we received a billstating we owed £1072.44 including the £228.66 refund! I have set up a payment plan and said how angry I was but every time I said about it to the adviser she pointedly ignored my comments! Can they do this? Also we had a slight rebate as my husband was on a low income but this bill has asked for it back from the 12th Jan to the 31st March? Any advise? Thanks
  4. A marston agent attended my property and wrongly executed a warrant that had been dealt with by the issuing court. The court in question had not relinquished the warrant but I had all the relevant paperwork to prove it had been dealt with but the bailiff refused to take that s proof or let me call the court for them to clarify. I was not at home at the time but my heavily pregnant partner was, by the time she called me she was hysterical and in floods of tears. The agent had terrorised her with threats saying that he was going to remove goods unless payment was made in full and that he was not going to accept the paperwork that proved the warrant should not have been executed. I spoke to him and explained that it had been dealt with in court and a call to the court would get it rectified but he point blank refused and said that if I didn’t make payment now he would get the removals van. I felt that I had no choice as I was extrememely concerned about my partner’s condition being so heavily pregnant. I paid over £1000 over the phone and when I got home a quick call to the court proved I was right. It has now taken since January 12th 2015 to this day, still with no proper investigation or response from Marstons directly answering my complaints that I find myself at my wits end with them. I have 2 active complaints which are currently being ignored by their ‘customer care’ team, I have written and emailed their board and I am still to get any kind of response. I have notified CIVEA and they are fully aware but won’t act until Marstons have exhausted their 3 stage complaints procedure. I really do not know what to do now. All I want is my money and compensation for what I have reasonably incurred due to them not refunding my money and the financial distress it has caused me and my family. Can anybody help?
  5. A friend purchased some hair extensions online with a regular supplier as she is a part time mobile hair dresser and has used this supplier for approx 18 months. The item purchased was for a booked client. The hair extensions didn't arrive and this is confirmed by Royal Mail who has checked the tracking information. However, the supplier didn't insure the goods for the full amount and therefore the retailer has advised that Royal Mail will only refund for the amount insured. The Terms & Conditions of the online supplier reads as follows; If for any reason, Royal Mail fail to delivery any special delivery items at their required time, we are willing to provide a refund for the postage paid and will make a claim to Royal Mail for the loss of this postage, if proven the item did fail to reach for its guaranteed time. We do not take any responsibility for loss of earnings or any other costs. If items are lost and you are willing to make a claim through Royal Mail, compensation levels are provided at http://www.royalmail.com for special delivery and recorded items. My friend has spoken with Royal Mail but they have advised her that as she is not the customer who purchased the postage for the item, they cannot take a claim from her. She is out of pocket for the hair extensions of almost £100 plus the loss of business from the customer, not to mention the loss of reputation caused by this event. I do not understand the T&C's above of the retailer as they look ambiguous so is there anyone who can kindly advise what course of action can be taken against the online retailer please?
  6. OK so here is a issue. I sold a mobile phone on eBay, been selling them for years with no issues until now. I have 200 positive feedback. Few weeks later the guy tells me the phone isn't working and opens a case. He writes. "The phone was working fine with the supplied sim card, as my sim card is the older type I had to cut my sim card down to fit the micro sim slot, now the phone will not read my sim card or the supplied sim card, I got a new micro sim card from my provider and it does not work either" So he says the phone was working fine with the supplied sim card, he cuts his to fit rather than use the correct sim and now it doesn't read any sim cards. He escalated this to eBay, few days later ebay decide in his favor and refund him. I contact ebay to enquire why has he not returned the phone to be told basically he gets to keep the phone as I did not refund him time, I stated I was arguing my case and was awaiting a reply only to be told tough, case closed. So to sum up I now owe eBay £97 for refunding him, he gets to keep the phone and I owe £9.70 in eBay fees for this transaction. I have appealed but case is closed apparently. I have cancelled my reimbursement method. What can I do? This is blatant theft assisted by eBay.
  7. Hi I have been offered a full refund on a faulty item I bought but I would prefer a repair. Do I have the legal right to turn down the offer of a refund and demand a repair? Thanks.
  8. Hi, After some advice (as are most people here I guess!) We paid in full for the services of a photographer for our wedding, in August 2015. Due to personal circumstances we've cancelled the whole day, therefore we don't need a photographer any more! I called (and emailed) her to inform her of the cancellation, only to be told she "couldn't take that much of a loss, Ill give you 100% of your money back if I get another booking on that day" So in other words she's keeping all £800 we gave her! a £200 deposit was agreed to secure the date, there is no mention of this being 'non-refundable' We didn't sign a contract, however we received the following in writing after paying the deposit' 'Deposit for wedding photography to be taken at venueX, on date X. To include all photographs & Album X. Total £200 bank transfer, received with thanks" How can we get her money back? We were more than willing to forfeit the £200 even though there was no non-refundable statement, but we cant just throw £800 away Many thanks Rich
  9. Creating this post as a just-in-case if things don't turn out right. The car exhaust was brand new, the seller seems to sell a lot of them. It came, we took off the old exhaust (at the cost of my arm dislocating! ). Then it became apparent that the new exhaust didn't fit on to the manifold, I took many pictures with proof, also of the mountings in the wrong place. The seller first told me to bodge it to make it fit, but eventually agreed to a refund, and that he would arrange for APC to collect it. Seemed genuine enough. They collected it Friday, but now the seller doesn't respond to any messages. It could be that they haven't gotten around to opening the box yet to inspect before issuing a refund, but I'm getting worried as the response time was very fast up until now. I can't open a case with eBay as that functionality no longer exists with them, I merely have to request a return and post it back, however I cannot do this since it's already been collected.
  10. Thought I would let you all know that despite paying over £2000 and still owing £730 Wonga have written off my debt and refunded me a total of £9.41 !!!
  11. Hi there, I am having a bit of an issue with my employer, basically I was on the wrong tax code and so was mistakenly taxed an excess of about £1000. I spoke to HMRC and they informed me they had told the company that they had to refund me as a tax refund. Despite my tax amount accrued dropping on my next pay slip the company are refusing any knowledge of it and despite calling hmrc and sending a letter I haven't heard anything from the letter and they told me something about it potentially being too late. I have sinced been dismissed after raising grievances about this (within the 2 year requirement for unfair dismissal ). Is it the case that I will never get this tax back? I'm completely at a loss of what to do right now. Anon
  12. Hi I bought a VIP ticket for a concert in Germany. The ticket was shipped over and Royal Mail decided to send it back to Germany. It has been held in Germany for several months and it doesn't look like it will be shipped back. I paid for the ticket through Paypal. However, the 45 day limit has passed and they don't allow refunds on concert tickets anyway. I have asked the company I bought the ticket from if I can have a refund and they have told me that if the ticket isn't shipped back in time, they will place my name on the guest list on the day of the concert. There is obviously some risk involved here as the company selling the tickets were an online shop, making them a third party. So when I get there, I might find that my name isn't on the guest list at all. The ticket might also be delivered while I am in Germany, which will mean that my name won't be on the guest list and I won't have access to the ticket. I have asked if being on the guest list will give me the same treatment as if I had a VIP ticket and based on their response, it doesn't look like it will be the case. The VIP ticket comes with two benefits: 1. Priority entry. If you are first in the VIP line, you will be first in the concert. 2. Chance to meet the artist. I have asked if I will still get both of these without the VIP ticket. I have been told that if I am first in line, I will have to explain the situation once I am inside and they will then look into it. While this is happening, the people who were behind me in the queue will be entering ahead of me. Depending on how long it takes them to sort out, people who only paid for GA tickets might get in ahead of me too. They completely ignored my question where I asked if I would still get to meet the artist. I also sent another e-mail where I only asked if I would still get to meet the artist and, unlike the other e-mails where I received a prompt reply, I didn't receive a reply at all. It doesn't look like I will get to meet the artist without the ticket. They have told me that according to EU directives resp. § 312b German Civil Code (BGB) does not apply, so any sale for concert tickets with any regular ticket outlet in EU is final. Is there anything I can do about this to get a refund? At the end of the day, I haven't received the ticket and their alternative offer isn't what I paid for.
  13. Hi lovely people, I haven't been on this site for ages but I remember last time I had a problem I found it invaluable. Right, this is a long and complicated juicy nightmare ebay problem which I refuse to back down from. To start with, I bought a perfume from ebay - all looked fine on the description, seller had good feedback so I went ahead and bid. On receipt of the perfume I noticed it was a blatant fake and contacted the seller straight away. She seemed friendly and said it was a gift and had not realised it was a counterfeit as it was sealed. We arranged for me to send it back to her and she gave me her address and said that she had already refunded me. I know from experience that sometimes refunds take a few days to clear and I went ahead and sent it back. First mistake, I know, and second mistake - I sent it back just as normal 2nd class, with no tracking. I have never sent anything back before on ebay to a seller and was not aware of their tracking policy. I then realised that I had been conned as I never received the refund. The seller didn't contact me regardless of the messages I sent her off to ring up ebay customer services. Rang them and they said that I had to open a case against her but because I didn't have a tracking number they could not confirm if she had received the item back or not so could not refund me. I had to wait a few days whilst they tried to make contact. Obviously the seller did not respond to their messages every time I rang them about it they kept churning out the no tracking number spiel, so no refund. In the end they closed the case saying that they could not verify delivery. In the meantime I noticed that the seller had received another negative feedback regarding selling a counterfeit perfume. I appealed the case and highlighted this fact but again the same response from ebay. They suggested I tried to contact royal mail and try and get compensation. I reluctantly started a process with Royal stating that it might be lost in the post, hoping that maybe they could track it down. On Friday this week to my utter surprise I received the 'perfume' back. On the label that the post office stuck on 'item never called for' was ticked before it was returned to sender. I was really happy and optimistically thought that I could now get this sorted. I contacted ebay customer support stating that I would like the case reopened as I now have the perfume back and could they please advise me what to do next. In response they said: "In this case, we cannot verify the item was held at the post office or was returned to the sender as we have not received a valid tracking number so we have closed this case without issuing you a refund. Please understand that we’re also unable to grant an appeal on this case." ??? Not sure if I am being thick but I have the parcel back with the stickers on etc, I can verify the situation. I even took photos of the package and uploaded them to my one drive with a link that I pasted into the reply as there did not seem to be a way of attaching images. I said to them that this is the evidence that proves that the item was held at the post office. I went on further to ask them directly if I should send it back to the seller as track and trace this time so that they could keep tabs on it being returned. I didn't want to do anything with out their confirmation. This was their reply: "In this case, as you did not supply valid tracking showing the item had been delivered back to the seller, we closed the case without issuing you with a refund. For this same reason, we’re not able to approve your appeal." BUT I HAVE THE PERFUME BACK!!!! Arrghhh. This surely cannot be fair. It is not worth ringing them again as I get so frustrated and I will probably end up crying! Can anyone please advise me what I should do? I am thinking of writing to the ebay head office (I have their address) and even sending them the perfume as I don't want the thing. Someone even mentioned contacting the perfume company (in this case PRADA) stating that ebay have allowed this to happen and that the seller of the counterfeit product has made money from the transaction and has got off scott free. Another reason why this has upset me so much is that this was supposed to be a birthday present from my family who have saved up to give me the money and I feel like I need take this further. Many thanks in advance for your help and for reading my plight. I know I made some blatant mistakes but I now feel like I am in the right but ebay have washed their hand of me.
  14. In December I took delivery of a new Vauxhall costing about £28k. Upon collecting the car it had 2 paint chips and was missing the second key. I needed the car so took it. I had to take the car back so they could inspect the chips again, then take back a second time for repair which was done perfectly. The second key was found 2 weeks or so later. After that it came up with a sensor failure so it went in for third time. They saw the fault but couldn't fix it then. It went back for fifth time to be fixed, but they couldn't, only finally doing so on its sixth return. I then discovered there is a problem with the stereo and dash displays. It went in for the seventh time and they witnessed the problem. It's gone in now for eighth time and they have had it for 3 weeks or so and don't know what the problem is! I'm sure sooner or later they will resolve it but really I've had the car three months and in that time it's gone back 8 times and they have had it for nearly a month overall. Also it doesn't even seen as good build quality as the hire car of the same model I'm using, my dash makes more little noises over bumps etc. Also the auto boot can sometimes make a loud embarrassing noise when closing. Now I just feel I want rid of the car, it's clearly plagued with issues and I don't feel I can ever feel happy now. What are my rights regarding giving it back to them please? Many thanks.
  15. Hi I bought a 16 month old Corsa with 3900 miles on the clock on Tuesday. Within 4 hours of owning it the car began veering to the left. I took it back to the garage the next morning, and they said that they had resolved the issue. I took it for a drive and the car then veered to the right. I took it back and said it wasn't fixed and I didn't want to keep the car as it wasn't safe to drive (I had only owned it for 17 hours at this point). They said it HAD been fixed and the technician had taken it for a test drive. I handed the keys back and said I no longer wanted the car. They had a senior technician take it for a test drive and when he came back he checked it up on the ramps and said that the problem wasn't with the tracking as the lasers were 100% accurate, but they would need to take the vehicle in to examine it. Again I said I didn't want to keep the car and they said I would need to inform the sales department. I handed both keys back to the sales team and said I WOULD NOT keep the car. They didn't have any courtesy cars, but managed to arrange a demo to be loaned to me. I was there for 5 hours that morning. Today I had a phonecall from them to say they had fixed the problem with the tracking! (I was told that the problem wasn't the tracking and they weren't sure what was causing it) I was also told to hand back the demo vehicle. I have spoken to citizen advice who advised to hand in a letter rejecting the vehicle, which I did this morning (funny how suddenly the car was "fixed" a few hours later). They have since informed me to hand back the courtesy car as it is not a legal obligation to provide me with one. I am doing this in the morning. The manager has said he is rejecting my rejection letter, refusing to refund the cost of the car (8k), and also refusing to give me back my 2 cars that I traded in by saying he "doesn't know where they are and that they may be in the garage getting repaired or somewhere" My problem is that I have no car, 8k in debt and I work in the community and my father is in hospital 100 miles away so I desperately need a vehicle. WHAT DO I DO??? COURT ACTION??
  16. I'm afraid I'm terribly confused by the situation I'm in and can't seem to find a straight answer anywhere. I'll start with a brief outline with dates as close as possible to accurate.. Nov 2013 - I purchase a massage chair from Sasaki (credit card deposit, rest on finance) Feb 2014 - chair is delivered Feb 2014 - I contact Sasaki stating chair unsuitable. Doesn't fit my build. They were given full info before purchase Mar 2014 - Sasaki agree to look into replacing, will 'get back to me' May 2014 - I start section 75 with Hitachi Finance as nothing heard from Sasaki Jun 2014 - Sasaki agree to replace and upgrade when a new model is available Aug 2014 - new model available, delivery delayed by my illness Jan 2015 - new chair is delivered Mar 2015 - new chair fails mechanically after 6 weeks What I want.. A refund, no more messing What I'm getting Sasaki say one thing when a call is made on my behalf (not getting anything etc) Hitachi say something else (Sasaki awaiting an engineer to visit me) I've made it clear I want a refund, Hitachi say that's their decision and they may decide I'm not entitled. Sasaki are sending an engineer to report on what the problem is, but according to Hitachi this person is going to be able to negotiate as well as maintain/repair the chair, but back to Sasaki and the engineer has no power to negotiate whatsoever. The initial chair was replaced as being not fit for purpose (I was, basically, too big for it at 6ft 2). The second chair has failed in three areas mechanically. The foot/leg rest will neither raise nor extend and the recliner will no longer bring the chair upright (the foot rest instead of being on the floor is actually 14 inches off the floor, making the chair unusable). Can anyone clear up as to exactly what I'm entitled to, what I can push for and what is supposed to be happening. I was under the impression that as the replacement had not made right the issue (ie the second chair is broken) that I could ask for a full refund and that was that. I know I might be wrong though. Can I just say to Hitachi that I want a refund and that's it?
  17. Hello All, I have this bad experience with Lycafly. They have taken a long time to return my money for cancellation of a flight due on 28-Nov-2014. I have been literally stressed and had to do a lot of chasing to get my money back. They are going to return after all this chase this Friday. Do I have legal rights to claim compensation for such a long delay they took. Please advise. Thanks
  18. Hi everyone. I have been told theres several people on the site who are very helpful with ppi refund calculations and so I am wondering if I could ask for some help. I have a loan with GE money and they have agreed that my ppi was mis-sold. As it was a single ppi policy - as in the amount of the ppi was just added to my loan as 1 amount the letter from GE states that my refund will be equal to the price of the original ppi + associated interest + stat interest at 8%. Is anyone willing to have a go at the sums for me lol. Loan taken out Dec 2006 Loan amount £10,000 ppi amount £2,740 FOR 5 YRS OF PPI COVER APR 9.3 loan length 12 years payments made 99 - ( 8yrs 3 months) payments remaining 45 (3 yrs 9 months) Month repayments were £150 per month but have now risen to £167. The loan CANNOT be restructured according to the letter I received from GE so the entire refund due is being sent out to me as a cheque
  19. Hi everyone, i come here as I'm really confused about what to do next, to summarise, I ordered a Sony KD65X9005A TV (2013 model) for £3100 on a buy now pay later finance agreement in April last year. The retailer Sonic Direct delivered the TV which was faulty on delivery and replaced it with another that then developed a fault after 4 months, at this point I think I rang Sony for advice and ended up dealing their support from that point on. Sony subsequently delivered 4 replacements under warranty, the TV I had originally ordered couldn't be repaired or replaced so they supplied the equivalent 2014 model the KD65X9005B which had horrendous edge light bleed and was deemed unacceptable by the local service centre that delivered it. They replaced that twice more and all of them were the same i asked for a refund or an upgrade at my expense to a higher model the curved KD65S9005B. That request was initially denied but I then emailed someone higher up and explained that I had had 5 faulty TVs since May, Sony eventually agreed to upgrade me to the KD65S9005B at no additional expense to myself, that was delivered in Jan this year and that developed a fault after 1 month (blue line down the screen). Sony have acknowledged the fault with this 6th TV and I told Sony I wanted a refund not another replacement , they agreed that was the sensible next step and I've been waiting for it to be authorised for a month now (I reported the latest fault and asked for a refund on the 19th April). Every time i ring Sony for an update they say the refund is waiting to be authorised, frankly I don't think Sony have any intention of giving me a refund so what should my next step be to get one a) send a 'letter before action' to Sony threatening them with court action if they don't give me a refund b) make a section 75 claim against the finance company , it's on a buy now pay later which is interest free until 24/5/15 (was originally due to be settled by 24/4/15 but they've extended the deadline by 1 month due to the issues I've had) c) can I do anything as far as Sonic Direct are concerned, they refused to give me a refund last year saying they needed an uplift code from Sony who wouldn't give me one and I've dealt with Sony since last Sept where does the buck stop , I feel like taking Sony to court cos they're refusing to refund me and I'm pretty certain I've got a good enough case to win but ultimately the retailer is responsible by all accounts but they've been out of the loop for months now. The easiest option seems to be a section 75 claim on the face of it but that's letting Sony off the hook and they've annoyed me so much I don't really wanna let them off that easily but then again that's getting personal and I should be objective really. At the end of the day though the TV is still under warranty and faulty so Sony have a responsibility to sort that out one way or another. What should my next step be please as this has being going on for months now, in less than 12 months I have had 6 TVs all of which have proved faulty including the one I have now and I'm due to pay for it in 2 months Thanks
  20. This one is complex, I’m hope somebody can offer guidance… I entered an IVA that subsequently failed on the 13th of October 2008. No acknowledgement or payments have been made by me and as of the 13th of October 2014 I consider the debt to be Statue Barred. I have a letter from the accountants managing my IVA dated 13th October 2008 that the IVA failed, along with a ‘Final Report’ that there have been no distribution of funds and that there was ZERO balance in my account. All monies I paid went into paying the accountant. Just as the debt (in my view) became Statue Barred the DCA contacted me after almost a two year silence - I replied with a standard Statue Barred template letter. It now transpires that as a result of the Paymex Limited vs. HMRC (VAT refunds on IVA’s) a bulk payment to the DCA from the accountants included a £14.36 VAT refund of my IVA that has been distributed across the accounts the DCA hold dated 11th December 2012. Naturally the DCA now claim that the debt is not Statue Barred. I would beg to differ. The Paymex vs. HMRC case was completely out of my control. I was not informed that the accountants would make the VAT refund to the DCA. In my view they (the accountants) acted independently, and my relationship with the accountants terminated on the 13th of October 2008. As such the debt is Statue Barred. I hope that somebody can provide any guidance on this issue – and what my next steps should be in responding to the DCA.
  21. HI can anyone help me some years ago i put in a claim for ppi compensation as i was miss sold my mortgage protection insurance cover for unemployment or ill health or death the cover that i was sold turned out did not cover death and only covered illness or unemployment for two years and did not pay mortgage off if terminal or long term illness was to happen i was unsuccessful in this claim I have just got a letter from barclays saying they have conducted an additonal review and my claim should have been upheld and they now agree with my original claim good news i was thinking until i read the offer calculation that they have awarded me 3',817,29 for the premiums that i paid to date so far so good then goes on to say that a deduction has been made for any previous successful claims 3,353,41 i have not made any such claims turns out the bank are referring to the ammounts of payments they have made me for sickness and long term illness since taking out the policy leaving me with a total of 464,88 I have telephoned the bank to tell them of their error and that i dissagree with the deduction as the payment i had were a sepparate issue and i was entiteled to them under the policy conditions and that the ammount of compensation that i shoud have shoud be the full amount as it is just thier compensation for being miss sold the policy in the first place and the awward shold not have had deductions of any kind made retrospectivley the girl that i spoke to on the phone said that the calculation is as stands and there was nothing they can do please help me to bring this to the attention of the relevent persons or bodies that can get my compensation award of 100% of the first amount as the letter informing me of my compensation says if i think or dissagre with the desission they would be happy to re calculate or review my case again
  22. Hello, A client bought 4 sessions, and paid a discounted price of 120GBP. (30 pounds each session) Single sessions would have been 40, but I offer a discount for 4 sessions bought upfront. I saw the client 2, and had to cancel last week twice due to illness, which he was not very happy about. Yesterday I asked if I can postpone the session by 1hour and he asked for a refund as he was not happy. I was a bit surprised but did not make a fuss about it. I informed the customer that I will refund 40pounds and not 60pounds, as the discount is only applicable for a set of 4 which did not take place here. I dont think I am unfair here but he demands the other 20pounds as well. Am I doing the right thing? Most of the PTsI know wouldnt even transfer the other 40pounds as he bought them upfront and did not finish them - I am aware I cancelled but I am human and sometimes unfortunately get ill as well, and usually did not have any such troubles. Please let me know if it is legally okay to stand my ground. Thank you, Kat
  23. DFS v me (won). STAND UP TO THEM Hi all, I order a chair from DFS in November 2014 and paid a deposit of £100.00. DFS promise to delivery my chair for the christmas period. They failed to deliver the chair and informed me that the chair will not be ready till around the end of feb. 2015. i made a complaint to the store and they refused my cancellation and my refund of the £100.00 deposit. I wrote a final email/letter to the manager of the store and to the head office and gave them 14days to refund the deposit if not i would sue them in the local court. I also enclose in the email information about Unfair trading practices – buying from a trader and make them aware of this new rules. Today i received email from DFS now agreeing to refund my deposit after reading the new rules for UUnfair trading practices – buying from a trader . I have attached letter from DFS for viewers see and take note. Dear manager Regarding my complaint . Below, i have attached information for your attention. Please read carefully and take note. Unfair trading practices – buying from a trader If a trader misleads you or behaves in an aggressive way you can report them to Trading Standards, who may decide to take action against the trader. From 1 October 2014, you may also be able to unwind (undo) the contract and get some or all of your money back. This page tells you what action you can take when buying from a trader who misleads you or acts aggressively, and how much you may be able to get back What action you can take If you bought something, on or after 1 October 2014, from a trader who acted unfairly when dealing with you, you may be able to: unwind the sale and get a full refund or have a discount, and get compensation for your loss or distress. You may be able to do this where the trader’s practices or behaviour are: misleading or aggressive, and the trader’s actions played a significant part in your decision to buy from them. This applies to most goods and services, including utility contracts, door-to-door sales, holidays and holiday lets. It does not apply to financial services the sale of land or social housing credit, unless it is linked to the purchase of goods and services. When can you unwind the contract? You can unwind, or undo, the contract if: you do so within 90 days, and you have not fully consumed whatever you bought, and you have not already asked for and had a discount. You do not need to show any loss or that the trader acted dishonestly or negligently. How to unwind the contract You must clearly tell the trader that you are rejecting what you have bought by saying or doing something to demonstrate this. For example, write to the trader and say that you want your money back because you were misled into buying the item or because the trader harassed you. What happens when you unwind the contract? When you unwind a contract, the contract will end and you should receive a full refund. This should happen, even when you have used the goods or service for a while. If you have been supplied with any goods, you must make them available for collection by the trader when you unwind the contract. Continuous supply contracts If your contract is for the continuous or regular supply of a product, for example, electricity or broadband services, and you have used it for more than one month, you will have to pay the market price for what has been used. This will be deducted from the refund. However, if the trader’s behaviour is particularly bad and its effect on you severe, you will still be entitled to a full refund. When can you get a discount? You will be able to have a discount instead of unwinding the contract if: the product cannot be rejected, for example, a service contract which has been fully carried out, goods which have been completely consumed or digital content which has been fully downloaded, or the 90 day period has passed, or you do not want to unwind the contract, for example, because you want to keep the goods or carry on with the service contract. You do not need to show any loss or that the trader acted dishonestly or negligently. If you have a discount instead of unwinding the contract, the contract will continue but your discount can apply to what you have already paid and also any future payments. How is the discount calculated? If you paid £5,000 or less If you paid £5,000 or less, the percentage discount depends on: what the trader did to mislead you or behave aggressively, and how badly it affected you, and how long ago it happened. The amount of discount you can claim, depends on how seriously you were misled or harassed by the trader: 25% discount – more than minor. For example, the trader misleads you about the delivery date for a product 50% discount – significant. For example, a business misleads you about the health benefits of a product 75% - serious. For example, a salesman visits your home and greatly exaggerates how effective double glazing would be in reducing your energy bills and refuses to leave until you sign an order form 100% - very serious. For example, a salesman visits your home and bullies you, as a vulnerable consumer, into signing a contract for work you do not want and misrepresents that it was required by local council regulations. If you paid over £5,000 If you paid more than £5,000, the set discounts may not apply. If there is clear evidence that the market price was less than what you paid when you made the contract, then the discount is the difference between the two prices. For example, if you bought a car, which you later found out had been clocked, Glasses’ Guide could be used to check the market price of the car with its true mileage when you bought it. Compensation As well as unwinding the sale or having a discount, you might be able to claim some compensation from the trader too. You will need to show that the trader’s behaviour means you have suffered any of the following: financial loss, which was reasonably foreseeable alarm or distress physical discomfort or inconvenience . If the trader can show that they took all reasonable care to avoid misleading or harassing you, they will not have to pay any compensation. But they will still have to unwind the sale or give you a discount. ANSWER FROM DFS TODAY Dear Mr xxxxxx, I am happy to say that we have managed to cancel your order with Furnico; the manufacturer of the chair you ordered. Therefore we will be able to refund your deposit in full as we will not have to sell the chair from the shop floor. From your reaction I am in no doubt that there has been some confusion about the delivery time of the furniture you ordered and that your understanding of the time scale for delivery was different from what DFS could provide. I am very sorry we could not meet your expectations on this occasion. I do not feel that your sales person ...... has used "misleading information" or "unfair trading practices". I do feel you were of a genuine belief that your chair would arrive just after new year. We do strive to deliver clear and jargon free information to our customers so I will be conducting a review of the message our sales team give when customers buy goods from DFS ...... I tried to call both numbers we have for you but was unable to get through. If you have any questions please don't hesitate to contact me on 01463 701290. Yours sincerely, xxxx General Manager DFS Inverness.
  24. http://m.bbc.com/news/uk-31545417 If the forthcoming Court of Appeal case goes against the Bounty Hunting industry then people should start getting their claims in fast. If the Bounty Hunters are obliged to start refunding all of their victims, then they won't have enough money to do it. The result could be that they start closing themselves down pre-emptively. People should consider issuing small claims for refunds without hanging around too long
  25. Hi, it's a long time since I was last on the forum, so firstly, hello to everyone, and secondly, I wonder if anyone can help with a query I have. We purchased some software online, FL Studio, from a well known online retailer. The software was practically impossible to install (it was for my daughter) and wouldn't download from the website either. In the end, my husband who works in IT had to locate missing files etc, from an external source, it took over two hours just to get it to install, since then it has been prone to problems with glitches in the software, loss of sound, that type of thing, and my daughter is very unimpressed with it. We have contacted the company and explained that we consider the software to have inherent faults and explained that it intermittently does not work properly. If you google FL, even just the installation, it comes up with pages of info on this topic, so it is a well known problem. We do have a compatible op system etc by the way. The company has refused a refund, directed us to a dedicated website/forum, to solve any problem and that is it. We have only had the software for around a week, do we have any legal comeback on this? I explained that yes, the software has been opened, but how could we possibly know it is flawed otherwise. Many thanks. Regards, Magda
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