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  1. I bought a 2GB memory card from a second hand shop which I found out I could not use. Now before I purchased the item I explicitly asked about what were my rights if I wanted to return the item before I paid for it on my debit card. I was told that was fine but I would receive the value in vouchers which I had to spend in store again. I accepted this and proceeded to pay. I actually found out that day the memory card was useless to me as it did not match the slots I had. 10 days later I walked in to the store only to be told I was not entitled to a refund because I had to return it within it 48 hours if I was to be eligible for a full refund. They said I could sell the item back to them but I refused. It was never made clear to me verbally or in writing and I think this is grossly unfair. I now have a second hand item that is useless to me. I was prepared to receive the full value of credit to spend in their store again but frankly I would never ever spend my money on them again if this is how the treat their customers. Please tell me what is the correct procedures to undertake as I wish to make a formal complaint and reclaim. The high street store is part of the webuy.com franchise but the shop in particular is CEX in Lewisham.
  2. Hello Does anybody know if the SoGA covers who should pay for collection costs for a faulty item of furniture? If so, which clause of the SoGA covers this? The retailer has agreed to make a refund for the faulty item, minus a fee for the cost of collection. Thanks
  3. I ordered a Lay z Spa at the offer price on 23rd June and paid using debit card. I got an email verification stating they will contact me by 22nd July for delivery. I got a phone call from cuts services the next day (24th June) and delivery was arranged for 3rd July between 12-6. I got a phone call on 30th June saying they had a supplier problem and item would not be delivered until 15th August! I explained this item. Was for the summer and August was not good. The lady said sales had exceeded stock and it was their supplier that was the problem and nothing she could do. I phoned the next day and said I wasn't happy but was told the same. I stated they had breached the distance selling act but she was not interested. I used a copy of a letter on one of these forums and sent it to John Walden CEO of home ratio group (who deal with Argos and home base). He apparently read it and got a Joseph Dutton to reply to say that there was nothing they could do before 15th August and offered me a discount once item has been received. My question (apart from breaking lots of breaches) is that Homebase (the same company head office as Argos and Home Retail Group) have this item in stock in store but at a higher price. Apparently they are not allowed to take stock from in store!? Even though it's the same supplier??? I just want my hot tub so I can use this in he summer months and not when the summer is over!?! Any help would be appreciated x
  4. When a car is clamped and control of the goods has been effected. Who owns or is responsible for the vehicle? I have just had my car clamped for non payment of a parking ticket. My fault I know. The car is worth much less than the amount I owe, and I don't mind them taking it. It is now on a public highway. If I can't use the car, and they don't at this stage seem interested in taking it to auction. Why should I keep it insured?
  5. Hello Everyone. Please advise me in relation to the PCN with following details: Date of alleged contravention: 16/03/2014 Date of PCN: 25/03/2014 Contravention: Parked in a parking place or area not designated for that class of vehicle (code 23L) in a loading place for goods vehicle only I made a number of requests to view video recording of the evidence. This was not made available. Instead a charge certificate was sent. I then made the representation without seeing the evidence and without ascertaining whether the contravention occurred or not on grounds of procedural impropriety. Please see the attached representation letter for further details of the case. Now I have received the letter from the council stating that my appeal is out of time. I don’t even have the option of going to the adjudication. In a similar situation for the same code, I was allowed to go into adjudication and my appeal was allowed. Please see details of the other PCN on this link http://www.consumeractiongroup.co.uk/forum/showthread.php?423738-PCN-through-CCTV-camera-for-parking-in-a-loading-place-for-goods-vehicle-only-%28Code-23L%29-**PATAS-Appeal-Allowed** Any advice please.
  6. I wonder if you can help. I purchased an item from Laura Ashley online. It was very heavy and I couldn't lift it, when it was delivered. The delivery driver placed it down and it did not move after his delivery. I booked a handy man for three weeks after I placed the order (the time they said it would take to arrive in the order confirmation email) It arrived earlier than that, but I couldn't change the date of the handy man When he arrived we unpackaged it together, too heavy for just one person. It was broken. Laura Ashley wont do anything, they say they will not replace it. The sale of goods act when I ordered it stated a reasonable time of 3 - 4 weeks to claim for damage. When I stated that to the customer relations manager, I was informed that halfway through this month the act changed to 14 days, and as such I am out of time, so goodbye. Can anyone advise me on this. Yes perhaps I should have opened it earlier, but I was in danger of damaging it if I did it on my own. They are just wiping their hands of me.
  7. This is going to be, I fear, a bit of a long winded post, so apologies for that right from the start. Yesterday (23rd June), my property was visited by an "enforcement agent" (I'm going to say bailiff from now on, as it's quicker to type) from Bristow & Sutor. I wasn't home, but my partner was (the debt (council tax) is in both our names). It is important to note that I am NOT trying to get out of paying the council tax for a second, I know that has to be paid, but I do need advice on this controlled goods agreement. Anyway... The bailiff knocked on the door and my partner answered it. He (the bailiff) then went on to explain why he was there. He told her that he was there to make an arrangement to pay, which was fine, we owe it, so we've got to pay it, I don't have any real problem with that (apart from their fees ) but she was pressured/intimidated into signing it. All of the paperwork for this 'agreement to pay' was filled in by the bailiff, and my partner was told to sign it. Thinking that she was only signing an agreement to a payment plan, she signed it (we've had words ) but in fairness to her, the bailiff was suggesting that he had all sorts of powers to force entry etc etc, she was told that the sheaf of papers that the bailiff was filling in was all to do with the changes in the law in April. As I said, she was more or less intimidated into signing this paperwork on the doorstep. He then left her with copies of the paperwork. An important point to note at this point is that at no time did the bailiff set foot inside the door When I got home, I looked through the paperwork that she'd signed, and it's a "Controlled Goods Agreement" (Walking Possession as was). This 'agreement' states that the bailiff has "taken control of our goods" and unless the payment plan is kept to (which we can't afford to pay, but the bailiff refused to negotiate) they'll be back to seize our goods which they've apparently taken control of. A couple of points I've noted from the 1st part of the paperwork is that it is filled in incorrectly (albeit minor errors). 1). The bailiff has spelt my partners name incorrectly. 2). The "Enforcement Stage Fee" doesn't add up. As I understand it, that should be £235 plus 7.5% of any amount of the debt over £1,500. This actually means that the 'enforcement stage fee' is 20.575p higher than it should be. Yes, I know, it's only 20 and a bit pence, but it means that it's not factual. But now, the more important things. In the 2nd part of the paperwork, the bailiff claims that he has entered the property (he hasn't) and then issued a "Notice After Entry" and claims to have taken control of our goods. However, on the next sheet, the bailiff has ticked the box marked "I have taken control of the following" and then listed... "As previous inventory" Now, I've lived here 18 years, and unless the bailiff has snuck in disguised as the guy who fixes washing machines, no bailiff has EVER been inside the front door, so by my reckoning there cannot be a "previous inventory" and perhaps it would be more truthful to have written "as previously invented". So, the main point of this post is to ask your advice. Are we under threat of these goons coming back to try and force entry (although that sounds like a silly question now I've typed it). Is this document valid, or can I take it up to the bathroom to use as we see fit would be a better question. My partner is now terrified that they'll come back while I'm at work, and I don't know what to tell her. Help!
  8. Hi all, Just a quick query really, I bought an Asus Memo Pad on 17/12/2013 at 14.13. Last night at about 10PM, it stopped working, I am unable to do anything with it, it doesn't respond to any touch commands at all, and as the store closed at 9PM, I couldn't take it back. I've just taken a trip to PC Ripoff to get a replacement, but as I was 10 hours over the 6 months, they can only send it off to Asus to be repaired. I can do that myself, and it would probably be quicker I tried to argue about the Consumer Act 2008, 6 months rights, blah blah blah, but they wouldn't have it, as it is past the 6 months. Is there anywhere in the Consumer Act that states it is exactly 6 calendar months or 183 days ?? If so, can someone point me in the right direction. Cheers muchly, Sacha
  9. Vodafone Customer Relations Manager Vodafone Limited The Connection Newbury Berkshire RG14 2FN Ref: Mobile No. ********** Dear Vodafone, Supply of Goods & Services Act 1982 I was sold a Sony Xperia Z as part of a 24 month mobile contract in July 2013, which is not of satisfactory quality, fit for its purpose and as described when I made my agreement with Vodafone, which is classed as mobile mis-selling. During the week prior to 6th September, 2013 my Sony Xperia Z phone needed to be charged more often than usual even after disabling apps etc and the battery charging area was (unusually) extremely hot. On the 6th September, I took my phone off charge, touched my FB icon on my homescreen only to see that there was a crack underneath 2 screen protectors to the lower right of where my charger goes in. After touching the icon, the crack spread rendering the screen unresponsive! In shock, I went onto the internet to research if this was a common problem with Xperia Z’s. *I was surprised to find various forums, facebook pages, complaints and even an online petition to prove that Sony had sold these phones as faulty. The following are just some of the links that I had found: (cant post due to being first post on here - many posts complaining about the phone) If you read the links, it is quite clear that since the Xperia Z has launched there have been various reports of people suffering from cracked display issues. What has been worrying for some is that these issues have occurred randomly even though the phone has not been subject to an accidental fall. In anger and shock, I immediately contacted Sony who told me that the engineer would charge me to fix the phone. I informed them of my findings online and they told me to contact my service provider and refused to believe me or care about my problem. On 7th September I phoned Vodafone and explained my situation. I informed them that the phone had not been dropped, crushed or mishandled in anyway and that the screen breakage occurred during use which led me to believe there was a fault with the screen. I further explained about the many complaints online and was met with one of your operators being rude to and he even laughed at me and said “Why did you buy a phone which you knew was faulty?” *I was appalled at this and couldn't quite believe his attitude. *He then told me that I would have to send the phone off to their engineers to be reviewed, with the quote of £190! I was so upset and in tears that I waited to contact you again when my partner came home. I then phoned back and asked to be put through to customer loyalty (after having to explaining my situation again) and stated that I wanted to cancel my contract. *I then got put through to another department that quoted me £600 to cancel! No consideration was taken for the fact that I was upset and you totally disregarded my situation. *It was at this point I broke down in tears and explained that I had post natal depression, a new baby and a broken phone and passed the phone over to my partner, who was then put through to Abraham. *He was the first operator that actually demonstrated great customer care and loyalty. Abraham eventually said that Vodafone would waiver the cost of fixing the phone. See below a text message sent through to say you would pay for it: (cant post photos as its my first post) I said that I was worried that it would happen again and he said they would also put it on their system that if it happens again, after fixing it, that they will also pay again for it to be fixed (I found out later that this was not put on my file!) You did inform me that even though you would fix it, you would not replace the phone. You also refused to offer me another phone as part of the contract despite my concerns. Below is a brief timeline of events that I noted down: 14th September Sent my phone off to Vodafone with the promise of them paying for it to be fixed. 19th September Got my phone back from Vodafone, fixed, for free. I still do not understand why they are giving me back a phone that is known to be faulty. I'm just going to wait for it to happen again, in the meantime I will still be contacting Watchdog. 20th September Emailed Watchdog 28th September £190 was taken from my account on 28th September, leaving me with only £22 in my account! This is with a young baby at home! This caused a lot of issues for me rent, shopping etc. I rang Vodafone, in tears, AGAIN! Eventually, they told me that they could credit me within 7 to 10 days. I explained my situation and again, they told me they couldn't refund me straight away! 21st October I phoned Vodafone I asked for the money to be returned to my account immediately but was told "Credit cannot be immediately transferred back into the bank. *Vodafone apologised, but did not offer compensation for leaving me without the money. 21st October Phoned my bank and told them my situation. *They were immediately helpful and offered to file an indemnity claim against Vodafone. I received my refund via my bank! 12th November - USB charging point The night before I put my phone on charge before I went to bed. *I woke up in the morning to find that my phone had not been charged. *I then put my charger back in and made sure it was plugged in, and still nothing! I assumed it was the charger at fault so used the USB lead to plug into my laptop to find that it was not recognised on my laptop. *I looked at the charging pins on the phone to find that it was loose. I contacted Vodafone and you proceeded to tell me that it was user abuse, which I knew full well that it wasn’t! You told me that I would have to send my phone off to be repaired and investigated. *You also told me that there would be another charge of £190 if the fault is of my own. *I was then told that I would have to back up my phone because the engineers would wipe it to factory settings. *I broke down in tears at this point as I have a 4 month son with photos and videos of him in the phones memory. *You said you were sorry and I have a few days to figure out how to get my data off whilst you send me out the returns package. *Not once did you tell me that I could have ordered a docking station to receive my data! I, (like you told me to do) had to figure this out for myself! * I ordered a docking station, which charged my phone. *I then decided to forget about this until my phone decided to stop charging my phone completely. **I could not understand this as in the notes you sent back to me with my fixed phone, it said you had added or fixed the battery. I could not believe the way I was being treated and most of all ignored! I then continued to do my own investigation into the phone and found that there is also a fault with the charging pins on the phone. The following link is just a few sites and if you Google it you will find forums with complaints: It was at this point that my partner went out and bought me a second-hand phone to use and to just leave this well alone because of the stress it was causing me. 23rd May 2014 I finally received an email from Watchdog regarding my complaint in 2013. *They asked me to provide evidence of circumstances and photographic evidence of the phone. *They said they would be using my details on the episode dated: 28/5/2014. 28th May 2014 After all of this time, Sony have finally admitted a design flaw in the Xperia Z. 29th May 2014 Below is the conversation I had with Vodafone. I would draw your attention to the following articles as I will be pursuing this via your complaints channel and then through the Ombudsman. "If your phone forms part of your mobile phone contract, your claim would be against your mobile phone service provider" "Fit for purpose means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer)" Please be advised that this is now an official complaint and I will be terminating the contract on grounds that you have breached the contract by NOT supplying a phone of suitable quality. I am demanding compensation for the period of time they you have charged me whilst I haven't had use of the Sony Xperia Z phone. It is my understanding that under the Supply of Goods and Services Act 1982. Section 4(2)says that goods must be of satisfactory quality and section 2A says this means meeting the standard that a reasonable person would expect taking account the description of the goods and the circumstances. Therefore, in essence this means that I *bought a contract with a new phone and the phone should be expected to last a reasonable period of time. *I would argue that 3 months is not and it is arguable that a phone should last the length any contract! Since this has occurred I have lost all trust with Vodafone since I have been with you for 10 years! This has caused me a great deal of stress, unneeded expenditure and a complete mistrust of Vodafone. If you are unable to resolve this then I will contact the Financial Ombudsman and we shall go from there. I am also fully prepared to use the small claims court, however I would like to try and resolve this amicably.
  10. I am a newbie so apologies if I make any glaring omissions. I have spent the best part of this sunny afternoon trawling through other threads and my issue seems to fall into a grey area. I hope to learn from your expertise as to whether I should go to the adjudicator. I took a number of items to the Oxfam charity shop in King Street, Hammersmith, which has a loading bay right outside the shop. I remained in the car while my husband unloaded the boot with heavy and bulky items including about 30+ books. We were there for less than a minute. The bay is marked 'loading only' and there is a small sign which I didn't notice stating 'Goods Vehicles Only'. King Street is largely double yellow lines and zig zags, the Google streetview link is on the UK google site followed by: /maps/@51.492575,-0.228324,3a,75y,231.58h,67.81t/data=!3m4!1e1!3m2!1smcMhzPp6Va_8KYEnFC5xFw!2e0 The reason why I appealed initially is: I was unloading 'goods' as my charitable donations have a commercial resale value in Oxfam I have a Mazda 6 (taxed as diesel rather than PLG) which is a five door hatchback with a huge boot - useful as I sometimes use this for loading goods in my shop I had not ‘parked’ in the loading bay. I stopped and sat in the car with the engine running while the car was being unloaded (debateable, I know!) In the rejection letter, LBHF further decreed that this bay is for the exclusive use of “…goods vehicles carrying out loading/unloading…in an area that …provides guaranteed deliveries to local premises”. Oxfam is a local business, I was unloading goods for commercial resale. I found on the LBHF website their definition of "Goods vehicles are vehicles classified as such by the Driver and Vehicle Licensing Agency (DVLA) and the Vehicle Operator and Services Agency (VOSA). The class of a vehicle is shown on the V5 registration document. Private cars, scooters, mopeds and motorcycles are not considered to be goods vehicles." I am unsure I have much of a chance but I wanted to check before I gave in and paid. In the Notice of Rejection, they have given me 14 days in which to still pay at the reduced rate but if I go to the adjudicator, then only the full penalty will apply if I lose. Hope you can help
  11. I bought an item (via ebay & paypal) on 10th march, which was never delivered - seller disappeared. I opened an ebay case on 29th April, which has resulted in them telling me i "cannot escalate the case to a claim for refund due to expiry of Ebay's 30 day timeframes for submission" This is not a legal reason to deny my refund and Ebay are simply cutting down on their internal adminstration by blocking people from claiming refunds after 30 days has elapsed. I intend to challenge this by submission of proceedings against Ebay Europe SARL via the Moneyclaim county court service in the UK. moneyclaim.gov.uk Has anyone ever done anything similar, any advice appreciated..
  12. I signed up for BT's TV and broadband package however when it arrived nothing worked. The tv did not work at all and the broadband was intermittent. I attempted to have both fixed after several hours on the phone to their contact centre I was told I would need to install a new aerial to the outside of my home at my own expense. I was quoted £250 by a company sent by BT. I decided to cancel after 6 days BT informed me I would need to pay £477 as held to term charges. I was outraged and they continue to bill me for this. I never received a service at all. Can anyone tell me if I have a case under the above legislation?
  13. Hi - I'm new to consumer forums, so if I've posted in wrong place or the answer has been posted elsewhere - apologies! I ordered 2 single divan beds 2 weeks ago -they were fairly cheap and only intended for the spare room. They arrived by courier - bases and mattresses wrapped in thick polythene and taped up. My husband signed for them and 2 hours later, when we had unwrapped them we noticed the base had a tear in the material, the black material under the base wasn't wide enough and wasn't stapled correctly, 1 base had staples sticking out and 1 mattress you could feel a spring sticking out of the side. I immediately contacted the seller and they advised me to send photos - which I did. Now - nearly 2 weeks later they say they will only arrange replacements and will not give a refund unless we pay the delivery charges, because we did not note that the items were damaged when we signed for them. It took us 15 minutes to unwrap the beds - i can't see any courier comapnay waiting that long! As the goods are damaged is it their responsibility to refund or can they make us pay for their return?
  14. Hello Everyone. I would request your advice on the following matter. I have received a subject PCN dated 25/03/2014 for the alleged contravention dated 15/03/2014. I requested to see the video evidence via email and by post to the council. I followed up the request over the phone. However, I have now received a 'notice of rejection of formal representation' dated 01/05/2014 with the choice to appeal to the Parking Adjudicator within 28 days. But I have not yet received any video and of course I did not even make any 'formal representation'. Is this not a procedural impropriety? Shall I now make an appeal to the Adjudicator? What shall be the full grounds? OR Shall I get back to the council to request the video and to allow the formal representation first? Note: Another PCN on the same code on same location for contravention dated 16/03/2014 was also sent. I am waiting to receive video for that too. The location is close to station with parking bays opposite pharmacy and where I have parked many times in past to allow my wife and children to get off and to pick them up. The car is never left unattended and I never got any tickets in past while the camera has been there. And now suddenly two tickets for two consecutive days were sent. Please advice me.
  15. (I have changed names, etc. to protect identity). In January 2014, Jim purchased a new computerised CD system for his car from Red Rocket Garages (RRG). RRG is a company which has been recognised within the motor trade as being the UK leading specialists in supplying electrical and luxury items for top of the range sporting automobiles. At the time of purchase, Jim also bought an ‘integrated hands free mobile to voice device’ which was advertised by RRG as being ‘The Latest Hands Free Device for 2014 – works with all the latest smartphones, computerised car CD systems and updated firmware compatibility with your home PC via USB and Bluetooth’. Jim paid cash for both items and then instructed RRG to install the new computerised CD system. On returning home, Jim installed the ‘Hands Free Device’ and then undertook to update the firmware of the device via the Internet so that it would operate with his Nimbus 5000 Smartphone. On updating the firmware, a message appeared on his PC screen which stated ‘Sorry this Hands Free Device is not compatible with the Nimbus 5000’. Undertaking further investigation, Jim ascertained that the ‘Hand Free Device’ which he purchased from RRG was the 2012 model and was not compatible with his existing smartphone. Jim then decided to test his computerised CD system by playing one of his favourite CDs. On placing the CD in the system, Jim noticed that there was visible marking on his dashboard where the mechanics had installed the CD system. Jim returned to RRG and complained about the damage to his car and sought a full refund for the ‘Hands Free Device’. The manager of RRG pointed to a sign on the wall which stated that ‘all products are sold as seen, and therefore we are unable to give refunds or exchanges’. The manager then explained to Jim that he should take up the matter of the ‘Hands Free Device’ with the manufacturer and make a complaint to them. He further went on to explain that RRG does not take responsibility for any damages caused on any electrical installation and in any event, explained that any marking on the dashboard was most likely there prior to the installation. I'm looking for advice for any legal remedy that might be available for both the purchases and installation conducted by RRG. If you could provide case law/statues it would be really helpful. I think it is to do with the Sales of Goods Act, however I have no real law knowledge. If you need any more information just ask, but I think I covered everything in this. Thank you!
  16. Hi there, I specifically searched and joined this to find out information. I have done a terrible thing but to me it wasn't a problem until now all because something come up last week I had to use my money for something else. Well first of all, I got 6 items in total from bright house. But most of the items I no longer have, as I sold them to get money. I know I shouldn't have done it and now deeply regret doing it because, something come up last week where I had to use my money on something else. Long story short, I called them up because I realized that I was going to have difficulties paying this week. But sadly, I quickly found out, that they were not helpful at all, or in the least flexible when I told them I had problems meeting last weeks payment (yesterday was the deadline), although I explained this, they still went on about paying before closing time on Saturday. Furthermore, I was also told I am now going to have a fine for about 80 pounds, for paying late ...and just to make it even worse, they told me I can not just pay this coming weeks money I would have to pay the fine first. Well to be honest there is no chance that is going to happen as I only get 70 pounds this week and I need half of it to buy food to survive until next week. I suppose the point really is, if it weren't for this over the top late payment fine, I Would be able to catch up on the payments I missed by next week and everything would be all back in place again. But unfortunately because of this late payment charge and the fact they want that first, makes it impossible for me to pay them anything. So I know the next step, they will come to my door to retrieve the goods back. But like I said I do not have most of them anymore, so what happens now? IS it possible I could get prison time for selling the goods? Or will I get charged with theft? Well the thing is, I am quite disappointed that they were like talking to a brick wall when I told them I could not make payment, and then when I explained how I would catch up on the payments they insisted that I would have to pay the fine first..well to be honest, this awkwardness makes me not want to pay them another penny anyway. It is either my way or the highway in my opinion, they haven't accepted my way, so it is the high way. (of course) In saying all this, I have to be honest I am quite concerned exactly what is going to happen now as I said I have sold most of the goods, I sold them on gum tree and there is absolutely no way of retrieving them or even tracing them. So that idea is out. Anyone any suggestions? has any one any idea what will happen to me now?
  17. We need to have this act repealed. By we I mean CAG, MSE, TPUC, PePiPoo members all need to unit and organise to repeal this abusive piece of legislation. Cameron states he only wants a 100,000 signatures to look at a law. Lets give him a million signatures with as much social network pressure as we can mount to force the corporate controlled press to take up the issue. What do you CAG members think?
  18. I wanted to buy some garden furniture at B&Q but was told that the item was out of stock and could not be given a date for new stock to arrive, when I asked about buying the item on display I was told that it could not be sold. Can I demand that the item be sold to me ?
  19. Just a general question I ordered a banner to be made up, sent the design etc. Company emailed saying that they will have to change a few things to fit all the words on the banner. Banner was to be deliverd by xyz date by a private courier. Company stated that on receipt i had 24 hours to proof read the banner or it will accepted that i have no complaints. Banner did not arrive on agreed date but the following day. Company is blaming the courier company for putting the wrong postage label on the parcel. The day it was delivered i was in a meeting 200 miles away so no way was i able to proof read within 24 hours. The banner has Trade protected Intellectual property faults on them. we have an order that was delivered a day later than agreed with a 24 hour window to reject the goods if a fault is detected. This company instructed their own courier company who i paid for to get the goods delivered to me by the agreed date. They are stating that they are not responsible as to this 24 hour clause, i see it as a breach of contract, comments please
  20. Hi, I hope this is the correct site to post this thread:???: I purchased an item from a major oxford street retailer via an online account. It was a present for my wife and was purchased 27/1/14 and was presented to her on 28/2/14. A fault was identified and the item was returned with agreement that I would be re-imbursed for the postage . Subsequently I have had a "partial" refund made to my account for the item cost and not the original delivery charge of £4.95 I am in discussion with the store over other factors but I want to be clear. Does the sale of goods act cover the original delivery costs I incurred at point of purchase? I have looked through the stuff on the trading standards but am a bit confused:oops: Thanks for any guidance. Stuart.
  21. Hi, Not really sure if in the right section, but I am sure someone will move it if not: So, I have an old bike frame and sent it away to a company to be resprayed in the original colours and also for them to recreate some grahics/stickers and put these on. In as short a time line as possible, i will note the main points. Bear in mind the communication was almost all one way, with hardly any replies coming back to me, but they had been highly recommended for their work and I have seen a lot of it and it was what I wanted. I and they had no problems with recreating the colours I wanted, but the stumbling block seemed to be the graphics. I eventually identified the correct style, and in both email and telephone conversation I advised on the size and positioning of them on the frame. The situation was then left via my emai communication in August 2013 that I would wait for a "mock up" of the graphics on the frame to approve them before spraying, application and lacquering over the top. Come November I called to ask why there was such a delay in me receiving a mock up for approval and after a strained conversation, it was left with me verbally confirming that I would wait for the mock up to be sent to me as the other person had been unsure of the colouring of the lettering (all they had to do was ring or ask in the 3 months it took before I called them again). Fast forward to February 2014,and I get a call letting me know that the job was "all done". This took me by complete surprise because I was still waiting for some kind of email that I could "approve" before moving forward. To boil the last part down, I said I was unhappy that he had gone ahead and completed the job basically to his own design and he said it was my fault for not providing the correct proofs for the stickers (I was relying on him to do this for me as he was meant to be recreating them!!!) He basically told me to pay (for a job done incorrectly) or he will keep my bike frame to "showcase" his companies work. He was impervious to me telling him that he had got it wrong and would do nothing about it unless I paid extra over and above the actual cost thus far (I have not paid anything so far). I was going to pay but then I asked for some more pictures of the finished work because I only had the one and a few other parts had been done as well and I wanted to confirm the quality. I then received an email last night (7th March) telling me the frame was going to be stripped back to bare metal and sent back to me as A. Someone else could do the job and B. He didn't want my money. When I replied this morning and said that was OK with me and to let me know when he has ready to send the parts back and to let me know the postage cost, he replied by telling me that if I thought I was getting my frame back then "I was wrong" and he thought "I would have liked that option" and it was now "your move" Has anyone got any advice as to whom I should contact because it isn't going to get sorted amicably clearly
  22. I am writing on behalf of the daughter who has recently split with her boyfriend so i will try and keep it as simple as i can They split up a few weeks ago, the goods were in his name but its her house and she paid the payments The goods have been paid LESS than a third He split with a bit of animosity and told them to collect the goods, she went to see them to carry the payments on but they would not let her. They said they would have to collect the suite and she could try to get another new agreement. She is a young girl on her own with young daughter and having the suite confiscated would be very hard for them. After a bit of digging and reading on this forum am i correct in thinking.... They cannot enter her home??? UNLESS with a court order Even then they cannot enter her home?? If it went to court does judge have power to let her continue paying? IT is NOT a police matter?? I am looking at the consumer credit act which states that they cannot recover from ANY property the goods are on Section 92 92 Recovery of possession of goods or land. (1)Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement. (2)At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only. (3)An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty. So any entry is a breach of duty is it not?? and according to the secretary (courtesy of this site) “…It is BrightHouse company policy that all of our customers and prospective customers should be consistently treated openly and fairly. Accordingly, BrightHouse operates a transparent and responsible business, and takes great care to ensure that company policies and procedures meet all regulatory and statutory requirements...” - David Harwood, Company Secretary All advice gratefully received Ty
  23. Hi All, I just wanted to have a little help. We are due to send off our defence for a return of goods order (from Moneybarn) this week. The case is a little long winded but just to sum it up, The DN seems to be in the prescribed format but we have been unfairly charged £25 for the privilege of being sent a DN (Charged twice for 1 notice!) and then charged an admin fee and then sent a Termination Notice after we notified them we were seeking a Time Order. We emailed Moneybarn to ask for an arrangement to pay the 2 months arrears and they were not interested in the slightest. I have now taken this on as a personal vendetta against this company as I am fed up to the back teeth of rolling over and allowing companies to stick us with costs and get away with daylight legalised theft!! We have (on the advice of a debtline agency) hidden the car for the last 8 weeks and have had two visits from a collection agency and then a phone call from a moron in another firm explaining that all the advice we had received from CAB etc. was incorrect. we are able to make the repayments now as our circumstances have changed, My question is, are there any terms of reference or case law that needs to be added to our defence that would enable a judge to rule in our favour? Many thanks PB23
  24. Hi, purchased a Range cooker (gas + electric) in June 2012. After about 9 months the central ring started playing up and they sent out an engineer a few times as it would start working and then stop again. After about 15 months the oven/grill selector switch burned out. We purchased the item for £500 and the retailers answer was pretty much what can you expect for £500? I believe that there is some element of the Sale of Goods that says items must last a 'reasonable amount of time' in accordance to the price paid. I'd deem something for £500 to last more than 15 months! I sent the below after doing some research on the internet: Letter was sent recorded post a few weeks ago so the time for them to act has elapsed. My question is - can I proceed with a Moneyclaim online for the amount or is there something else I can do? Quite happy to do the former by paying the fees etc. Thanks for your help all
  25. Hi, I just need to know that what I’m doing is correct? I bought a motorcycle 1 yr and 2mths ago, the cam chain has snapped and caused £4300 damage, the manufacturer has kindly said they will pay 50% of the parts, but have also stated it’s a lifetime part and shouldn’t snap, they are writing this in a report for me, I’m sending the garage I purchased the bike from a letter stating the sale of goods act, saying I would like them to pay for the repairs as I’ve only covered 3-4k miles on it and haven’t had reasonable use, now the manufacturer has stated the offer is only available until end of Feb, do I tell the garage owner this in the letter or is this pressuring them? Also do I address the letter to both of the owners as there are two, husband and wife? The bike has only covered in total 23k miles and has a full service history, I’m also including the £177 it cost to diagnose the fault in the claim. What’s the likely hood of me winning? He’s gone from saying I don’t have a leg to stand on to send me the details and I’ll speak to my solicitor, do I have a good case? Sorry first post is a question. Cheers
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