Hi everyone, I have this week bought a matress, reduced price. It was a memeory foam one. The sticker on the box said 'non returnable' and 'sold as seen' and 'factory fault'. It did not specify what the factory fault was...Well without being able to unroll the compacted matress take it out of its box and inspect it in the store - I bought it. Then when I got it home, first it was not kingsize as stated, but worse than that it had a huge hump across the middle of it, it had not gone down in two days, have had a weight on it to try it, and looks like it will not do either, obviously there is no way on earth that a person can sleep on it, so it is not fit for purpose I would have thought? I contacted my local council trading standards who have said 'you bought it knowing it had a fault it was marked as such and you don't have a leg to stand on, and the local cab who have now partnered up with them have said the same, adding a helpful "sorry"...oh and paying 50p per minute for the privilege of speaking to them too, each ... Matress - surely this cannot be right? what I have been told? that i am stuck with it? to my mind, 1. it is not fit for purpose, 2. sold as seen - but you are unable to inspect it as it is compressed into a box and rolled up tightly. How do I stand on this one it doesn't seem right what I have been told here at all.... and can ill afford to lose this money...

Afternoon all, We have a bit of a situation going on that I really need some advice on. About 2 years ago my wife was working as a self-employed courier. We bought her a transit van to do the job in. What we didn't realise, but did very soon after, was that her driving licence does not entile her to drive the van we bought (it is a long wheel base transit that is over the weight restriction on her licence). To cut a long story short, her Dad needed a van to do his job in but had no money to buy one with so we 'lent' him ours, with a signed agreement that it was still our van, but it would be registered in his name and he was responsible for the upkeep of the van, but was not allowed to sell it without our permission. last week we got a phone call from him saying a bailiff had put a notice of seizure of goods and inventory over unpaid council tax totaling over £4000. The van is not worth anything like this. Now, we have the original receipt we got from the previous owner of the van, and we have the signed agreement between my wife and her father. I have left a voice mail message for the baliff's, but nobody has come back to me. We have taken the van back for now and put it in a lockup we have. Are they entitled to take the goods as her Dad's name is on the log-book? Also, where will they have got the information from that he owns the van, DVLA? Only asking as he also has a car which they have not put a notice of seizure on, which was parked outside his house also, just find it very odd. Thanks.

I recently returned a ceramic sink to the supplier (all agreed), the sink was sent back via a in the same packaging it arrived in, labelled "Ceramic- Fragile". I had to arrange my own return as the supplier stated they didnt do collections. (later found this not to be the case). The sink left me in tact, it arrived very broken. The courier said they were not liable, the supplier said they will not refund due to the damage. Where does this leave me?

I bought a sofa for £199 and other items for another £50 from a second hand store and paid cash over 2 months ago. They delivered the sofa 6 weeks ago and said the other items would follow. I have not received them yet. I have tried to contact the seller via their mobile phone contact number and cannot get a reply, I have left messages and get no call back. This morning I left a message saying that I wanted my money back and would be visiting the shop to obtain it. I still have my receipts. Am I within my rights to do this?

Hi, I bought a laptop from apple a few years ago (2008), which was subsequently replaced due to issues and faults last year (April 2012). My new laptop has now also come up with a bunch of issues, which after an appointment with apple has indicated an internal issue. I talked to the manager asking whether my laptop would be covered under the "Sales of Goods Act", to which the manager said no due to the fact that, the protection granted from this only applies to the original product and from the original point of sale and that I have no claim. I asked the question before I left asking if the "statutory warranty" applied at time of sale of at the time of receipt of the goods and he said sale. Coming home and having done a little research I think he was incorrect and that this replacement laptop should have its own statutory warranty applied to it. Is there any basis for this? Am I completely off base or do I have a claim to have my laptop repaired?

Hi All, I made an online purchase for a premium hotpoint washing washing machine that cost nearly £600 including a whatever happens cover. Goods arrived Wednesday 19th June, I have encountered nothing but problems since hence I am seeking advice. Background - The washing machine strives on it's anti stain technology feature which I put to the test the very day of delivery after running the first wash cycle on auto clean mode as per instructions in manual guide. I used fairy washing powder and found after the cycle had ended the clothes were still stained. Perplexed as to why this had happened I set about purchasing a more stronger detergent as I thought Fairy was quite mild. The next wash I used persil liquid tabs that were placed directly in the drum, this time after the cycle had ended not only did the clothes have the pre washing stains but it also now had new additional stains from the liquid tablet which looked like blue watermarks on the coloured clothing. I rang currys and encountered a long catalogue of blunders with customer service until eventually an call out was made for an engineer to come out and inspect the machine. I originally wanted a refund but I was told that the machine had to be diagnosed and fault found before a refund/exchange is offered. Fast forward to when engineer arrived and this is when my real problem started - Engineer asked me to demonstrate how I would start a wash cycle. I explained I only used fairy washing powder once but have been using the liquid tablet which I place directly in the drum. I thought I would demonstrate both methods; however when I started placing the washing powder in the soap dispenser he corrected me immediately to say I used the wrong compartment. Ok fault admitted, I inserted the washing powder in the wrong place. So soap dispenser was taken out and rinsed thoroughly. Next I showed how I would use the liquid tablets in the drum which I did correctly and he told me to start a program. Once program had started engineer stated he thinks the problem should be fixed now as he believes it was a user error. Hang on I said "what about my ruined clothing which was as a result of correctly using the liquid tablet in the drum"? His response was it must have got trapped in the drum somewhere which shouldn't happen again. in total he spent 15 minutes from arrival to finish and went away as he had other jobs. Fuming that he did not return to review the wash cycle I called Currys and experienced their rubbish service again about how to wait after wash cycle ends and check to see if clothes are still stained. Two hours later the verdict was in - as expected clothes had been ruined again. So back on the phone to Currys and again another encouter with an unhelpful member of staff who spoke to Hotpoint. Hotpoint claim as no fault was found and it was user error, I need to run the machine on auto clean mode so that it can get rid of any residue which was as a result of misuse. Fine, I hang up and run the machine as per instructions on auto clean a good few times. The results after adding more dirty laundry - the same as before. At the end of my tether I wrote a letter with pictures of ruined and dirty stained clothing and emailed head office highlighting my concerns and requesting a refund under SOGA as goods are not as described in product specification and are not fit for purpose. Currys called me today apologising for my experience but explained that they still need an engineer to inspect the machine again as last engineer found no fault and placed blame on user error. The representative used this excuse to his full advantage despite dismissing my claims that I have given Currys every opportunity to rectify the problem and also implemented their suggestions of running the machine on auto clean mode to counteract any build up residue from the first cycle. Furthermore he quoted me SOGA by saying I need to give them a chance to repair the problem before a refund could be issued. He was very insisted and even wanted to try and arrange an independent engineer to come out at my expense. I outrightly refused to pay for the engineer call out. I am now awaiting to hear from him again as I asked what the protocol would be if I did allow another engineer to inspect the machine as I do not want to find that like the last engineer they disappear again after a short while without viewing the end result. Phew that was long! Ok so now I need to know where do I stand with this legally? Do I follow up Curry's suggestions and pass from pillar to post with no expected result in sight or do I contact my credit card company and ask to put in a claim under section 75? I have only had the machine for less than a month and have all the photographic evidence, letters and call logs as evidence to prove my case however I need to know where I stand legally. Any input would be greatly appreciated. Thank you

Good morning all. Can anyone advise me what to do with this problem? I bought an Ipad mini case off an Ebay seller not one of the cheap little cases but a more expensive version as I wanted a reliable 'Sleep wake' function as I do my work on my ipad and have a habit of leaving it on...not recommended... I have had this case for 2 months and it has stopped working unless I press very hard and move it around which is making marks on my ipad....again not recommended. Ebay have a 45 day resolution code in place so too late to start that I have contacted the seller who has told me to return the item and I quote 'In its original condition with all packaging intact' I have explained that it is impossible for me to do this and of course they are now ignoring me. My question is have I any rights at all or do I just chalk this up to experience and buy a case off the high street? My apologies for being long winded but I wanted to explain the situation. many thanks in advance Rose

Hi all, Sorry if this post is a bit long but here goes.... Bought a 2011 Astra from a Vauxhall dealer 27 days ago, upon receiving the V5C today it says 2 former keepers whereas when I bought the car I remember the advert saying "one owner". I know about the Sale of goods act so I rang consumer advice and explained the situation however I didn't have an proof of the advert and they said Autotrader might not be able to track it or not release it due to data protection etc unless the matter went further legally, so I was worried the dealer might act dumb. Phoned up Autotrader and luckily the person on the other end of the phone said they can email me the latest version of the text in the ad, without any problems with data protection and if needed they would help with forwarding the text onto anyone else who may need it. Here's the email I got..... 2011 11 Reg Vauxhall Astra 2.0 CDTi 16V SE 5dr Auto, 5 Doors, Automatic, Hatchback, Diesel, 34,732 miles, Grey, *One Owner Full Service History*, Balance of Manufacturer Warranty, Cruise Control, Multi-Function Steering Wheel, CD Player, Body Coloured Bumpers, Automatic Headlamps, Front Fog Lights, Metallic Paint, Rear Wash Wipe, Adjustable Door Mirrors, Adjustable Steering Column, Air Conditioning, Electric Front and Rear Windows, Electric Mirrors, Trip Computer, ABS, Automatic Gearbox, Power Assisted Steering (PAS), Daytime Running Lights, Side Impact Protection, Isofix Child Seat Brackets, Central Locking, Deadlocks, Immobiliser, Remote Central Locking, 17" Alloy Wheels.£9,873Click 'Visit Website' for more approved used cars. So as advised I have sent a letter using a template to the dealer recorded delivery explaining the situation and have put "I would like this matter to be resolved either by a full refund, return of our part exchange car and monies or an acceptable replacement." I could ask for just some compensation and keep the car but one of the criteria when I was looking for cars was it to be just one former keeper. Just wondering if anyone has any idea what might happen and if they become difficult what to do,also if we got out PX car back what the deal would be as far as former keepers on it as we bought it from new so wouldn't really want to be the 2nd keepers and if that was the case could we be compensated for it as far as depreciation is concerned and insurance admin fees for changing cars etc etc. If i get a full refund then I'll be without a car so would that be considered as far as inconvenience and costs are concerned. Thanks for any advice given, Alan

Hi. Hoping for some advice. Mum has an ipad 1 3g model, roughly £500 cost. Bought from Currys 2 years 2 months ago. Problem when charging. If its left in charging and gets to 100% it shuts down completely. Can take up to an hour to reboot. For the parents its a lifeline. Elderly, dealing with cancer, keep in touch with skype, emails. To me this doesnt sound like a battery issue, as it holds its charge. Seems to be more hardware related. Currys simply state under sales of goods act that batteries are consumables and therefore the SOGA doesnt apply here. They also tell my parents to go to apple, as they dont deal with apple battery problems. My questions are... Firstly we dont know its a battery issue. However , if it is, Ipad 1 batteries were actually glued into the ipad. There is no way for an average consumer to open up an ipad and replace the battery. Therefore i feel this is an integral part of the ipad 1 and not a consumable. I also have a recording i made for personal use with a lady from Apple who states it is 'perfectly reasonable' to expect an ipad battery to only last 2 years. If however the battery is glued in, and made so that the consumer cannot replace it without going to an apple authorised dealer , i dont feel this is a consumable battery in the same way a laptap battery may be. They are in effect admitting its reasonable to expect an ipad to last 2 years only. If a consumer tried to replace the battery themselves the warranties would be invalidated. Does anyone have a view or advice or whether 'impossible to remove' batteries by consumers are classed still as consumables? Secondly, Currys simply refer us to Apple. Ive advised we dont know if this is a battery related issue and that our contract is with Currys, not Apple. However, no joy here, they stick to the same line. Any advice as to how to get Currys to deal with the issue? Lastly, i realise that if i was to issue small claims court proceedings, i would need an independent report done on the ipad to show the fault. Anyone know of anyone decent in the Nottingham or Manchester area. Many thanks.

Good morning Under the sale of goods act what is a reasonable time for a washing machine to last, for a family of 4 , any one now. Thanks

Today I received a vist from a from a bailiff for council tax arrears of just less than £700. I had not received any paper work to attend court or that there was even a court case but it would appear that the debt has gone to a magistrates court. I did not allow the bailiff into my property and I asked to see a copy of any order from the court but all he would show me was a badge with his name on. The bailiff left me with a form titled "Distress Notice: Seizure of Goods & Inventory" on which he listed my car that was parked outside the house. Neither the bailiff or I signed this document but I did accept it not really knowing what it was. I am an IT consultant and use my car to visit clients on a daily basis. I am happy to make an arrangement to pay and approached the council offering this, they said I would have to deal with the bailiff and they want payment in full. My question is this, the car is still in my possession but the form seems to suggest the bailiff has sized the car but not collected it. Is there anything I can do to stop the bailiff taking the car? If I transfer my car to my Ltd company would this be illegal as I need it for work? Can I sell the car or remove it from my property? In short I am happy to pay any arrears owed but can not pay in one lump sum and if I lose my car I have no way of working. Any information or advice would is very much appreciated. Thanks in advance for any replies.

Hi Everyone. I came home yesterday to find a hand delivered letter from Equita saying the bailiff will attend my house in 24hours. If i do not pay the outstanding amount in full and cleared funds, he will attend my house and MAY remove goods in my absence which they tell me will be distressing. I have been reading on here what to do and i have requested the information from the Council regarding the Liability order they got in Court. First i knew of this was yesterday, surely i must have received a summon or something? But nothing. The CT was applied when i was on benefits so i don't see how i can owe the council anything. I have queried this with them and they said there were a period of 2 months which im liable for ( Benefit took 2 months to be awarded). The CT bill was from a previous address. I am currently homeschooling my 9 year old son so he is in the house with me. I am also a single parent on benefits. How do i deal with the Bailiff when he turns up please? Im scared to death and i dont want my son upset. Any help gratefully received, thank you.

Hi guys, I just came back from an Asda store where I tried to refund some asda brand pizzas. They refused me on the grounds that "they don't take chilled products as they have to be chucked away", which contrasts as to what they say on the package. What can I do?

hi guys i have posted threads on here before and have been given some good advice so thought id try for some opinions on this issue. ill try and put as much info as i can so sorry if i go on a bit. I have recently been on part time hours at work due to depression from the tragic death of our 4 year old son. Landlord knows about this as it was all over the news and he laid flowers at our door. We have been living here for 18 months and to be fair to landlord in the first 6 months we weren't always on time with the rent and he would turn up unannounced on many occasions asking why it was late. So since last november we have been on time every month until this november when we were 3 days late. He turned up and quietly put our notice through the door. We need to be out by 9th feb. Our rent was due on 10th but we are 225 in arrears at the moment until housing benefit clears. Today out of the blue a gas man turns up to check the boiler. I txt landlord saying arent we supposed to have 24hrs notice if anyone is going to turn up? His reply was. "Arent you supposed to pay the rent on time tell him to come back later if its not convenient". As i said earlier he has turned up out of the blue on many occasions once being very rude and aggressive to me infront of my kids! All because i went to his house as i couldnt get in touch with him on his phone when the boiler broke down. He was in america and didnt take his phone with him so his daughter had to sort a plumber out for us. As soon as he got back from his holiday he was banging the door (without notice obviously). "how dare you involve my family if there is any issues you deal with me and only me leave my family out of it." So today is the final straw for me and as you can imagine i have had enough of this rude heartless landlord and im at the point of saying stuff you and not giving him anymore rent and tell him to keep the deposit. Any thoughts, advice or ideas? Thanks in advanc

Hello, Ordered a Canon 550D SLR from Littlewoods 2 weeks ago before it became faulty. A small part from within the camera came loose (focussing screen) rendering the camera useless. The inside area hasn't been touched, the loose part was noticed when changing the lens - a feature this camera has. Using the lens supplied with the camera. Told Littlewoods of the fault via online email form - not getting my query answered. Just getting a set template response that I need to deal with the manufacturers. Been on the phone to them too and just getting told I need to ring Canon up otherwise nothing can be progressed. If you ring up Canon they must confirm it's a manufacturers fault and give you a reference number to give to Littlewoods to allow the return of the goods. Like having your hands tied. A fault is a fault. A quick search online shows quite a few Canon users have had this issue with the focussing screen becoming loose. Littlewoods suggest if it's not a manufacturers fault then they would have to see what could be done! I've already quoted the sale of goods act and they're the ones as the seller that should put things right. Littlewoods take on things to date - they won't take my faulty goods back and have actually advised if I did return this item. I would be charged postage and an admin fee for this "service" as they would have to send it back to me - due to the returns department not having a reference for this return. They haven't offered anything else apart from contacting Canon directly for a repair - I've told them the camera isn't fit for the purpose, it's become faulty within a couple of weeks and I would like a refund. Bit hard if they won't accept the goods back. Item bought through the my online credit account. I've tried the help at Littlewoods email too but getting the same story from them. Best action to take next? Thanks

I purchased a bb gun in november which is faulty, trouble is I spray painted part of it and the supplier is saying I have voided the guarantee by spraying it, is he right please. The spray painting in no way has contributed to faultiness of the bb gun.

This is a speculative question, and I'm sure I've seen a post covering it but I just can't find it. I'm incredibly irritated by the fact that it is now common place for couriers to charge an additional insurance premium to protect against theft/loss/damage to the goods you post. Often this insurance is more than the actual delivery charge! They are asking you to take out insurance to cover their own negligence! Surely if they lose, damage or an employee steals it this is a matter for them to take up with their own insurance not for me to claim on my own! This be a breach of contract for which they would be liable up to the declared value of the goods surely? I concede you might have a battle on your hands but I'm convinced the law would be on your side and I'm convinced I saw a post to this affect.

Hi all 1st time poster looking for some advice,i`ve been paying my car for 4 years & never missed a payment but at the end of the 4 years i was due to pay a 7.5k balloon payment.After a tough financial year i cannot make the payment & asked if i could could re finance the ballon payment which was refused. I had a guy come to the door looking for me to sign a voulentry surender form to which i refused as after paying a 17.5k to car that cost 18k for 4 years i was wondering if there was a chance if it went to court the judge would decide in my favour & let me pay it up as i have done without any trouble,as i said i want to pay but it but just cant afford the final payment at once & i`ve contacted VW finance on numerous occasions & my pleas have been rejected. Finally on further inspection of my higher purchase customer copy i noticed that i havent actually signed it,could i been onto something with this?? would that not make the contract not legally binding? Thanks for any replies & advice thats forthcoming. Regards Mark

Hi Hope someone can help. I bought a car in 2009 on finance.Paid every month till I lost my job in May 2012. Continued to until money ran out. Got another job where own transport is essential but less than have my previous wage. I advised GMAC I wwas struggling with the payments but they would not set up an arrangement. Cut a long story short, my friend/partner offered to settle the finance, fix the car and sell it on to claw back his money. He was also going to provide me with another vehicle to get me to work and back. He called the finance company who said fine, but needed my authority. I called up 48 hours later only to be told that a new law had just come in today and a third party can no longer settle any finance. My only hope of settling this mess gone. I rang a few times but got nowhere with GMAC who stated that only I could settle the account. They have now proceeded to court to repossess the vehicle which will mean me losing my job as I do not have any other mean of travel and public transport does not run from where I live to where I work. Will the court take into consideration my offer to settle that was rejected (by fabrication as I have never been able to find such a law that was passed on 9th November 2012) and my circumstances. Or am I wasting my time disputing. I feel that GMAC have treated me unfairly and done everything to prevent me settling with them. Initial finance was £18,000, now owe £4600. Do I stand any chance at all.

I woke up to knocks at the door early in the morning. I opened the window and two men on my drive said they were court Sheriffs and that they had a high court writ. I have made an application to court to have the judgement set aside as i was not correctly served and have not been able to defend myself. I am waiting to hear back on that and also a stay of the writ. Meanwhile i am expecting the bailiffs to return. The bailiffs kept telling me that i had to let them in and if i did not the would call a locksmith, this is on their first visit. I spoke to them from a window and told them i would not be letting them in until i had got legal advice. They sat in their car for nearly 2 hours, saying it was going to cost me, until i managed to get through to a solicitor. Whilst on the phone to solicitor they handed me a pink sheet through the window. On there it says that the car on the drive, registered to me and all goods in the demise property.I did put them on notice that although the said car was registered to me it was part of my late mothers estate that i am administrator to and have sent them documents to prove this matter. Now i would appreciate it if someone could explain is that pink sheet what you call a levy? Does the car have to remain on the drive although the estate solicitors have advised the bailiffs that it is Estate property. Also does that mean all goods in my house are levied although the bailiffs have not been in my house or know what i have her? I never signed anything, pink sheet was handed to me and bailiffs got in their car and left.

Hi, New to the forum and looking for some advice with this situation that i've found myself in. I have a car that i use for track day events and i decided to buy some racing seats for it with the appropriate fitting kit for my car. I sent an email to the supplier to ask for advice on the type of fitting kit required to go with the seats that i wanted and he kindly told me what i needed and he would provide me a package deal. After purchasing the items and getting around to installing, it turns out that the fitting kit for my car is not a direct bolt on unit as i was sold upon. There are further modifications to be made that i was not made aware of that require metal fabrication. If that was known at the time then i would have save the £200+ in fitting kit costs and just had the seats fitted that was in the first place. What the hell was the need for a fitting kit then!? When i called the supplier i was told that when i purchased the fitting kit i would have been told this and no member of staff would forget to say this as it's a family business and they all know what they are doing. Hilarious! I was also told that the fitting kit could not be returned as per comments on their website. I explained that i spoke to a member of staff on the phone and never purchased through their website i called and went on their advice over the phone and via emals but they are still denying the return of the fitting kit. I want to keep the seats however. Attached are emails showing what's been going on. If anyone can help me with this it would be greatly appreciated as i've recently started my own business since being made redundant and my spare time is greatly tied up just now to go back and forward with the supplier. From: GSM Sport Seats Date: 21 March 2013 14:42:53 GMT To: colin Subject: Re: GSM Quick Contact Hi Thank you for your email. I have gone through the invoice and order: 13333 and realized the date of the order and delivery details. Just a few points I need to draw your attention towards: · The confirmation of parts not to be used is well outside our standard policy for returning items. · As per terms and conditions sub-frames and fitting equipment are non-returnable due to the safety nature of the product. Once ordered this are non-returnable straight away · We do allow for seat returns with the standard 15% returns charge as outlined in the welcome pack we send out but these are not the items which you want to return I have looked through the parts and they are non stocked items that we and the 2 UK Sparco distributors do not keep in stock. So they are special order only. For all the above reasons, the time scale until notification, the items in question, the terms and conditions section 1 and 2 and special order I would not be able to take those items back. But as a good will gesture any further products you may need I can provide a returning customer discount. This also applies to brakes. Kind Regards: Garreth Sleigh GSM Performance Sport Seats ---------------------------------------------------------------------- On Thu, Mar 21, 2013 at 8:52 AM, GSM Sport Seats wrote: Hi Thank you for your email I am running slightly behind on replies while my apprentice is off. However I will look into this and get back to you by the end of today. Kind Regards: Garreth Sleigh GSM Performance Sport Seats ---------------------------------------------------------------------- On Wed, Mar 20, 2013 at 9:33 PM, colin dorward wrote: Garreth As discussed early last week I wish to return the following as it was not required: 2 * Sparco side mounts £38.50 2 * Sparco runners £32.00 2 * Sparco Evo 6 frames £61.08 Please supply me with a customer returns number for refund purposes. Thanks Colin Date: Wed, 28 Nov 2012 09:09:04 +0000 Hi O.k for this set up you will need: 2 * Sparco Pro 2000 seats £372.00 2 * Sparco side mounts £38.50 2 * Sparco runners £32.00 2 * Sparco Evo 6 frames £61.08 This will allow the side mounted competition seats to fit using a base mounted vehicle specific mount. So we can do a full package price including delivery for £999.99 How's that? Kind Regards: Garreth Sleigh GSM Performance Sport Seats ---------------------------------------------------------------------- On Tue, Nov 27, 2012 at 11:17 PM Hi I am looking for a bundle price including delivery for 2x new Sparco Pro 2000 seats and rails to fit Mitsubishi lancer evolution 6. Kind regards Colin

Hi there, I'm in the process of MCOL and need some advice, I wish I'd come here first due to the problems and mistakes I've made. I initially wrote a POC of a sentence or two expecting to be able to send the full info separately. The next screen was the interest screen and thought the check box here related to support of interest & out of pocket expenses rather than extended POC. I then added the full interest rather than the daily rate. I apllied for amendment that was refused. Later being told that an N215 form? to add to it would have been suitable and no fees or anything involved. I returned the allocation questionaire and a week or so later and order that the defence had been struck out arrived soon after. Hoping this would be refused reinstatement I waited. Today I received and order to reinstate the defence is upheld. The other parties solicitor seems not to have recieved 3-4 items of court mail, when at my residential address I've received everything, not one item missing. Personally knowing the the RM have to carry court and business mail first I do not believe it. I personally think as my order to amend wasnt upheld they thought it would be dropped and therefore didnt return the allocation questionaire. So I phoned the local court today only to be advised that I was taking the individual to court and not the company, which was a bit of a blow. I need to up date the statement for court and some further proof the defence has requested. However I want to make sure I do this properly. I have been told by the court I can try amend the name with another formal application & fee. There's nothing to give me any confidence this will go in my favour after the previous attempt and that the judge seems to agree with solictors first and foremost (when it seems an outright lie not to have received correspondence from the courts on more than one ocassion). The courts have advised that if I go through this and its not in my favour, I can make a new application in the company name and make sure I get the POC right this time. So with respect of this statement, I need to ensure the judge understands what the amendment was about. Then what I feel about this request for the defence to be reinstated, then my statement of events and evidence? Currently it is just numbered paragraphs with reference to the evidenced documents? The defendant hasn't told the solicitor everything, he maintains that the first he heard from me was my letter of January last year, he fails to tell the solicitor that I came for remedy in person with a friend and he would only give the bad workmanship a casual glance and offered no remedy as the guarantee was out of date by around a monhth. I suffered with a back injury so the car had broken down in Cornwall at relatives some 250 miles away. I was in effect bed ridden for about 6mths so couldnt get to the car to pick up on the workmanship. I realised under the sale of goods and services act that I have 6 years for workmanship to show up and make claim. I wrote explaining this and CPR rules and he stopped returning correspndence. I left it for another month to give ample time and show willing before setting up the MCOL. I wrote 3 formal letters in total as wanted to resolve out of court and just obtain a refund on the gearbox reconditioning, rather than the clutch failure thats related and various other expenses. Thanks for any advice in advance Jess

My father bought an item from a catalogue shop and when it arrived, on using it, it became faulty so he sent it back and they replaced. The second one was also faulty so he sent it back, but this time he requested a refund. Each time he paid out of his own pocket to send it back. Today on arrival at home, they have sent him another replacement instead of refunding his money. Please confirm that they are contravening the Distance Selling Regulations by getting him to pay for the return of the items and secondly not doing a refund when requested. I think that they are stating that the second item was past the 7 day period from when the first package arrived. I am going over to check the paperwork tomorrow. Just wish he would stop buying from these catalogue places that sell useless junk!

Hi we own a garage and bought a replacement part from machine mart on the 31'st january 2012 for our generator. For the past year we have been getting mystery faults which has led to us buying new equipment only to find out that it was actually the part supplied by machine mart that was at fault. They supplied the wrong part. It was machine mart themselves that advised this. The part supplied has an extra wire to control the voltage and our genny did not need this. We notified machine mart beginning of february 2013 to advise this and they requested the part for inspection as they stated it was the manufacturer who sold them the wrong part and they needed to take it up with them. They have now come back after three weeks to say as it is out of warranty they are not doing anything. Before i hit them with the 2 year eec directive, the not fit for purpose i wondered if any one out there had any other suggestions part has blown circuit board which will cost 300.oo gbp to replace also so i will be seeking damages for this as well. Do you think should just issue court papers.

Hi Im new to the forum I got 2 leather sofas from Brighthouse a couple of years ago, I discovered that they had no coverings on the underneath on either of them, when you tip them upside down all you can see is bare wood, material and padding, they are not finished off correctly. When I had OSC I reported this issue on many occassions but nothing was done about it and the current store manager, (the sote has had a few managers since it opened), told me there was no note whatsoever regarding this on my file??, which I find a bit strange as I complained enough. he said since I cancelled my OSC there's nothing the company will do to rectify my incomplete expensive sofas. Told Head Office this is poor quality made sofas not a repair, quoted SOGA but were not interested. Any imput and help will be much appreciated. Thank you