Showing results for tags 'goods'.
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On 27th September 2016 I bought an Innovate mtxl wideband for £162.50 (sensor amd sensor control unit for my car). This was installed by a professional mechanic on 10th October 2016. On 11th November 2016, less than 1000 miles later, the sensor failed. I contacted the company I bought it from requesting a refund but they would only offer a replacement sensor which I eventually accepted. The replacement was fitted on 21st April 2017 (the car was in stotage over winter), the replacement sensor then failed on the 26th April 2017 with the exact same error code (E8) again less than 1000 miles later. I have again contacted the company who sold me the product and they now state that there is no warranty on the product and the first replacement was out of the goodnes of their heart. Having googled "innovate e8" there are many, many others with the same story. I do not believe this product to be fit for purpose or of sufficient quality. No way a sensor on a car should need replacing every 1000 miles. The manufacturer of the sensor claims an average sensor life of 80,000 km and other manufacturer's controllers that also use this sensor do seem to manage this. I sent the company a letter explaining I do not feel this product is fit for purpose and they responded (in a rather unprofessional tone) they they would not be refunding me. What else can I do to try and resolve this issue?
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Hi, I've been in a long running saga with Idealworld over a faulty Xhose. I owned it for 2 years and 2months when it fell apart (the inner expanding sleeve parted from the fixing). There is no one that repairs these hoses I contacted IW and said I want a replacement and they said it's over a year old - bug off! I've tried Resolver to see it that would help (as it did when I used it on NatWest) and we had a dialog over 6 months where they offered me exactly 4/6 of the original price of£56 and then they went silent. A month ago I was told by ConsumerGAA (which is what you get instead of Trading Standards) to write to warn them that I would take them to the small claims court - the deadline has passed and nothing has happened now I either have to back off and right off the money or risk taking them to court and the debts that it could incur Thoughts?
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Hi-a company has essentially not paid £300 of mine. I recently sent a final demand letter via tracked post and i can see that it was not sign for at the other end, it is actually being sent back to me. They are also not responding to emails although they were responding before. Can someone please tell me how i would go about suing the company. thanks! -
Friend built up congestion charge debt as (stupidly) he didn't change the address for his van when he split from his wife - she just threw any correspondence for him in the bin. Bailiffs called to enforce debt. Only real asset was work van that had finance outstanding. Bailiffs said that they were taking control of van, finance company were called and said they could not. He kept the van. Problem is the van will be paid off in a couple of months and he is worried that the Bailiffs will then return to take control. What is the situation around this. Don't have any paperwork to hand as friend works away during the week so will not be able to see anything until the weekend. -
Hello All, I had a Beko Fridge Freezer delivered on 18th February and as advised, left it for 8 hours before switching on. On turning it on, there were strange sounds, some clicking and loud screeching sound, a bit like a cat being strangled. I called Currys and was asked to talk to Beko, which I did. I was told this could be due to gases in the system and that I ought to wait a few weeks. It is now coming up to a month and the noise has not stopped. I asked for a Beko engineer, who came out today and said this was not faulty but the sounds were something found in the frost free type fridge freezers. While he acknowledged that it was problem, said nothing could be done as it is not listed as a fault. I have called Currys to say that under the Sale of Goods act I wish to return the item. The have replied that it is now a used item and also as they cannot power the fridges in-store , the noise is not their responsibility. Any suggestions would be most appreciated. Thank you.
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Private sale of goods contract advice advice please
chorlton1 posted a topic in General Legal Issues
Almost certainly posted this in the wrong place for which apologies! I am in the process of purchasing some electrical equipment by private sale (running side by side with buying a property from the same vendor). Can anybody point me in the direction of a simple template for a private sale/purchase agreement that is appropriate for use in England? I have found a few online through "legal" websites but they are either very American or require some sort of fee/subscription - my Solicitors will knock one up but also charge the earth! Thanks in advance if anybody can help. -
My problem is this..... I have a Controlled Goods Agreement with Bristol and Suitor.. My problem is this.. My monthly Income of Housing benefit and Job seekers... Minus my Rent and the Controlled goods agreement leaves my with just £55 a month. The Controlled goods agreementis £200 per month for 5 months. ** Is the a way no negotiate a lower monthly fee ?? *** (As im an trainee Accountant and I need to go job hunting in London ) I have been unemployed for almost 18 months after breaking both my legs !!! and my only pais of shoes have fallen a part . SORRY, feeling depressed.... now my life is just falling apart ! -
Hello - 5 months ago I had a new composite door / frame set fitted by a supposedly reputable company . Long story short they made a terrible mess and the door was faulty , damaged and the fitters damaged the door and my property whilst fitting .They also took my old door and frame away as they had to smash it out trying to get it out . I never signed the job off and complained straight away . The company sent the 'fitting company' manager to assess the door and he agreed it was terrible and verbally said that we would get a new door and fittings ( that were also damaged ) but not a frame . I was annoyed about this as they come as a factory calibrated set and also the removal of the frames would cause damage and scratches to the frame which was not what we ordered ie a brand new door . We asked for a full replacement of the door set and that was refused .We then noticed further damage to the brickwork under the door that was just placed back and never reported to us .We have since asked for a refund / been refused and had to go the bank for section 75 claim .After legal wrangling with the bank ( suppliers of the interest free credit) the company now wants to 'cancel' the contract and says we have 30 days to get a replacement door and we have to inform them to collect the door so we will be left without our perfectly good old door - a large hole and damaged brickwork ! Do we have any rights to 'restore' us back to the way it was before the work was done - can they legally come and remove the door if they cancel the contract ? Have we any legal redress for the fact we have to get another fitter and get the damaged brickwork mended ? -
My wife purchased a Logik TV from PCW 31/08/2016 for £79-99. Yesterday 13/01/2017 there was a "pop" and the TV no longer switched on - browsing the internet I find it is a common fault with Logik TV for the power supply or motherboard to fail in this way. Visitng PCW in Coventry I was told I HAD to allow them to repair the TV and COULD NOT ask for a refund on the grounds the TV was "not fit for purpose". Their policy is that they MUST attempt a repair . Is this true that under the SOGA I HAVE to allow them to try a repair before I am allowed a refund. I remember once reading that after you had allowed a repair you were no longer allowed to ask for a refund. Can anybody enlighten me as to what action I am allowed and whether I HAVE to allow PCW to repair a TV I have now lost all confidence in.
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Hope you can help. We have just moved house over the New Year. We hired a removal firm for Thursday 29 December 2016 through a bidding website. I received an e mail from the company saying they would attend after 1 p.m. on that day which I felt a bit late. On the day they came at 4.55 p.m. for a house removal! We got stuck in and starting moving and when it came to our 52 inch TV asked their advice about how to move this, they said use bubble wrap which we found and put round it and the removal men said they would use blankets and they moved the TV . When we unpacked the following evening (Friday) the TV was smashed completely. The company did advertise insurance. I telephoned early Saturday morning to be told, and received an email, that the TV was not in its box, we wrapped it ourselves, we probably broke it ourselves, and we didn't report it in 48 hours (which we did). They are saying its too small an item for insurance but this was a £600 television. Can anyone give advice please I hope I have put this on the correct forum page. -
Hello. Many thanks first of all for the option to join. (I suspected there would be an active forum for those seeking some pointers with regard to consumer rights!!) I did a little research before visiting Curry's today with my "complaint" but remain, for the present, in limbo: In August 2016 we bought a De Longhi coffee machine (on-line) which developed a fault, in that it was intermittently ditching the contents of the machine's reservoir of around 1.5 pints of water over our worktop. (not ideal when electrics are involved) We took it back to our local Curry's (November) and it was returned to De Longhi for "repair." On return, all appeared OK but the same fault recurred (December) and returned it once again. Having done so for a second time in 4 months, I was aware that I was now entitled to a refund or exchange. I stated that I wanted a replacement. Unfortunately they no longer stock the same model, (with the nearest match nearly twice the price) and advised that I should return it to De Longhi personally. I refused, and initially, they declined even a refund. I disputed this and they eventually relented. However, I stated that I wanted a replacement as a refund would leave me disadvantaged at having to pay more. Management become involved, and between us we agreed that they could e-mail De Longhi asking if they would be prepared to replace it. I anticipate that they will, if not with the same model, with an equivalent. Should they refuse, I would like to know my rights ahead of their reply.. . if anybody can advise? (I imagine in this case that Curry's themselves would be obliged to offer an alternative, even if that were to be their closest match at their expense?) Many thanks in anticipation. -
Hi All, I ordered 5 boxes of laminate flooring and a zigzag bar online, which were delivered by courier to my fathers address, as I work full time. Once I had paid for the items (via PayPal), I received an email with the delivery date and an invoice stating :- "It is very important to check your order for signs of damage before accepting your delivery. If you spot any damage or missing items, please accept the delivery and mark this on the delivery docket detailing what is damaged or missing and how many packs are missing or damaged. We can then replace these items quickly. Regrettably, we are only able to replace any damaged items that have been signed for as damaged.” “By signing for any delivered goods you are also confirming that you have received those goods in acceptable condition. Woodfloor Warehouse ltd can not accept responsibility for any goods damaged in transit that the customer has signed for unless signed as damaged.” I therefore asked my father to check the goods when they were delivered, and refuse to sign for them if any were damaged. The laminate flooring was delivered by UPS and each individual box was covered in flimsy foam underlay and taped with sellotape, as was the zigzag bar. My father checked each box and saw no damage to the covering, therefore assumed the laminate was fine, and signed that all was ok. When I got the flooring home and opened the boxes, I discovered that 3 of the 5 were severely damaged, and the zigzag bar crushed beyond use, and completely unusable. I have emailed the company requesting replacement of the 3 boxes and the zigzag bar. They told me to fill in a claim and send photos, which I did. The company then replied stating that because they were signed for, there is nothing they can do, but as a good gesture will would send 3 more boxes and zigzag bar, and charge at cost price if I paid again. I stated that the items were checked and no visible damage was found and the flimsy outer packaging was undamaged, therefore the goods must have been damaged prior to wrapping and delivery. They stated this was not possible, staff would lose their jobs, and they must have been damaged during delivery, and they would not replace or refund as they were not signed for as damaged. By stating the above, I feel like they have relinquished all responsibility for any damaged items they send out, and placed it either onto the delivery company or the customer. If I had unwrapped and signed as damaged upon delivery, the company would blame the courier and get their money back. As my father didn't unwrap all 5 boxes and inspect each of the 50 boards individually on delivery, the blame then falls on the customer. Either way they still get money for damaged goods. In my opinion, they have wrapped the already damaged flooring in flimsy covering, therefore hiding the damage from the courier and the customer, sent them out, and then covered themselves with the above statement. Does anyone know if they have legally covered themselves with the above (as it is apparently in their terms & conditions also), or do I have any rights for a refund/replacements ? Thanks in advance. -
http://www.mirror.co.uk/money/shop-lets-you-save-hundreds-9195194 This looks interesting. -
Hello, please can anyone help? I had three identical items for sale on ebay. Sold one and posted it off. Got a message saying it had been damaged on the way. I sent a replacement straight away and said once that arrives and is all fine I would arrange for the original damaged item to be collected. I thought that was better than asking for the damaged one to be sent back first. I got a message to say the second item has arrived and is fine. Ever since then I have been messaging asking when would be convenient to collect the damaged item, but no reply. I have written by Signed For post and still no reply. This is now just over two months with sixteen messages and the Signed For letter, all polite just asking if I can arrange collection, and no response. Can anyone suggest how I should pursue this. I have read the buyer cannot keep the original, but am not sure of the best way to pursue this. Thanks very much.
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I am confused here. I am currently being persued for a previous HP debt which in fact I am making payments for but I dont have the car which is a different story. I am concerned that one day my new car will be clamped even though it is on HP. It seems that when you look at web advice...some say it is protected and some is not. So...if I have a vehicle on HP: Can it be clamped. Can it be removed. -
Hi all, I'm new here but I'd firstly like to thank those who put the time in to advise others I feel like I'm being taken for a fool by a company after numerous faults to electronic goods I purchased online, I'm based in NI and the retailer is in England. I spent £1200 on goods from the company, only for 2 of the parts to need sent back to manufacturer for repairs within the first 6 months of having them. One of the parts has now been returned 3 times to the retailer, giving a total 4 returns within a 12 month period. The retailer is refusing to replace one of the parts which has been sent back 3 times, I don't feel I should have to settle for repaired goods especially within the first 6 months given that they were purchased brand new. I was given an excuse that because I paid them off on credit I am treated differently. Everything has been paid in full already, so I'm in debt to no-one. Their customer services director ignored my e-mails for 6 weeks despite phone calls and promises of a reply. So far she has offered me 3 months extension on my warranty for these parts which I don't think is acceptable at all given the inconvenience I've went through. At the moment they still have one of the parts and I've been using a loan unit for the past 2 months or more. Could someone advise what I should be entitled to? I don't want to get my information mixed up from what I've read on google. Thanks!
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hi i have had bayv for about 3 years now i rung them the other day to ask to return some furniture i have as i am moving and i dont need it at my new house, i just assmed because i had been paying it off for so long there would be no problems, well i was wrong they have refused to take them back because a fault i had reported to them and they were currenty trying to order the parts (i have been waiting for them to fix this for nearly a month) had not ben sorted and said they could not take them back unless they were in the condition they were sent in i am now stuck as i move in a few days and i literaly can not take them with me does anyone no what i can do thank you -
I need some thoughts on the following scenario which happened recently. Goods were ordered and paid for from a Company in the UK via a BACS payment on the 1st July. We asked if the goods could be held for a couple of weeks until they were needed on site. This was agreed on the phone and followed up by me in an email. Subsequently a delivery date was arranged on the phone for the goods to be delivered on the 1st August. The goods never turned up and the company was contacted to find out where they were. Initially it seemed like a delivery problem until later in the day when the company confirmed they had despatched the goods to another customer. The company now had nil stock and wouldn't have any for several weeks. Due to this error we had costs paid out to contractors who were due to start work on site the next day. Due to the nature of the goods ordered we had no alternative but to order from an alternative supplier who had stock. However this cost an additional £500. The original company refused to accept a breach of contract and resulting consequential costs. They did refund the original contract amount though. I am now using the moneyclaimonline system to try and recoup costs. Anyone provide additional guidance on where we stand legally. I have been advised that as the goods were paid for then to sell these to another party is illegal and misappropriation of goods.
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Beneficial interest on HP Agreements. I have tried to simplify this definitions in order to keep them in context with the current discussion regarding, if a vehicles on HP can legally be taken under control. The intention on this thread is not to discuss any success or failings of cases which have gone to court, it is just to examine terms which are unfamiliar to many on the Bailiff forum. It will be necessary to introduce some more terms, which should assist understanding within context. These are: “Property on goods” and “possession in goods”. Property in goods denotes ownership. A landlord has property in goods in a rental agreement for instance. This also applies to the creditor in a HP agreement. “Possession in goods” applies to the hirer in the above case. This is where he takes possession of goods for a period of years on in perpetuity under a lease. This also applies to the hirer under a HP agreement where his legal possession is prescribed by the terms of the HP agreement Interest in goods. An interest in goods occurs when someone who is not their owner, has rights in regard to a part of their value. There are numerous types of interest in goods, legal interest, equitable interest, beneficial interest, etc. All are covered by the above definition but they denote different ways the interest is held or recoverable. -
I'm assuming there is a precedent to this. I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it. Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in. Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords. I have never denied that I owe something but the amount is in dispute I have told B&S this previously but they have ignored all my letters. The bloke cleared off when it became clear he wasn't being allowed in but I suspect he will be back. Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing. Do these people have any claim to anything on the premises and where do we stand if they return in the future? I have spoken to the Council but they say it's out of their hands now although I suspect they could do something about it if they wanted to. Thanks in advance for any help and advice -
Can anyone cast any light on this My previous landlord has disposed of some expensive goods I was unable to remove from the property when I left. I have been trying to make arrangements to have them collected. I was sent a letter saying that if they had been removed, I owe charges for this, and if not collected within 7 days of the date of the letter, would be disposed of. There was no information on the letter as to where the goods were, collected by or stored at. I replied within 7 days of receiving the letter, but have been told that as that was outside of the 7 days from the date of the letter, they had been disposed of. It is my understanding that a landlord should provide at least 21 days notice, and 3 months if they claim I owe them money (which they claim I do, for rent - which incidentally I don't owe!) Can anyone help me out with this issue? -
Hi, Hoping I have come to the right place and that someone can help! I ordered an iPad from a merchant on Rakuten which should have been with me last Tuesday. When it didn't arrive I tried to contact the seller with no luck and so contacted Rakuten who said give it a bit more time. I eventually got a reply from the merchant who said it was due to them being busy and that my item was due to be delivered on Friday. This never happened. I am now giving them until tomorrow to contact me but even if they do I don't know if I can trust them. Rakuten has some kind of guarantee in place so this may be an option. Not sure if section 75 would work as the payment went to Rakuten and not directly to merchant. The merchant offers an email and phone number but no one seems to answer the phone! Can anyone advise on the best action to take? Thanks in advance -
I have seen this question come up on several forums. The bailiff can enforce and take control of goods belonging to anyone on the liability order. The council tax regulation state that a summons for a liability hearing may be addressed to two or more joint taxpayers in joint names. The TCE permits enforcement of more than one individual on a single enforcement power. So it is a matter of looking to see who the summons is addressed to, or alternatively whose name the bill is in. DB
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Short Question Can I seek a refund from my credit card company for items that haven't turned up? Would this be under Section 75? Long Question I ordered a new guest bed from beds.co.uk last week. We need it for this coming weekend as we have people coming over to stay in our new house. Beds.co.uk require that you book a delivery date online with their delivery company Premier Delivieries (based out of the same address) once the order has been paid for and processed, which I did within 20 minutes. Although they offer free delivery for a weekday, for a Saturday delivery you have to pay an additional £9.95 (via paypal). After paying my additional fee and selecting Saturday 2nd April for delivery I waited in all day, to find the bed hasn't turned up. I half expected this as after stumbling on some bad reviews under their other name Furniture Italia, I discovered that a lot of people have had items not turn up on the correct date. I even tried to contact them earlier this week to confirm delivery however they never answered the phone. As I've spent over an hour and half today phoning them and their delivery company I decided to look at way's to get my money back. There's stories online of cancellation fees being charged and refunds taking weeks to appear. As I paid the £230 for the bed on my Halifax credit card (Through a payment processing page / not paypal) can I approach them for a refund? Can I claim for this under section 75 as the item hasn't turned up? Thanks Scott -
AN AMAZON customer who returned 37 items over 15 years has been banned from the site and had his gift card balance taken away. He insists there was a genuine reason for all his returns over the past two years – the goods were either faulty, damaged or not as described. However, Amazon has refused to let him continue buying from the site without giving him, in his words, a “proper explanation”. Amazon told Nelson that the money held on his account as a gift card balance is lost to him, as gift vouchers can only be used on the site and have no transferable value. http://www.theguardian.com/money/2016/mar/18/banned-by-amazon-returning-faulty-goods-blocked-credit-balance
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