Hi, first time poster. We pay a monthly service contract with a large maintenance Company to service and repair our central heating system and gas fire as necessary. On 9th January we had a problem with the gas fire. We contacted them and they agreed to come out and look at it. Their Engineer, while inspecting the fire, lifted the 2 part cast iron grate out and dropped one piece on the marble hearth, chipping it. I pointed out what he had done, he admitted he had done it. I spoke to his Supervisor who came out to inspect the damage. Taking photos etc, and agreed that their Company was liable. He said that they were liable for all costs in putting the situation right to our satisfaction, including complete replacement of the marble fireplace if necessary as the damage is on the edge and he did not think it a repair would be viable. He said to give him a week to get back to us with a plan of action. I rang him as he hadn't rung us. He said he had found a stonemason who would repair the chip a week Saturday afternoon. Which sounded to me as though this wasn't going to be done by a Company but maybe just by someone he knew. So, Are we obliged to accept the repair? Can we insist that they go through their public liability insurance? Does the person doing the repair have to be a qualified stonemason, and give a guarantee? How long a guarantee would be appropriate? Is our contract then still with the Company or with the subcontractor if we are not satisfied with the quality of the repair, or the repair doesn't last? Thank you in advance for any help

purchased a new phone from car phone warehouse 3 weeks ago. paid cash for the product. last tuesday the charger burst into flames . no one was present in the house so no injuries occured . bedroom suffered smoke damage to the walls celings also most items in the room not recoverable. bedroom unable to be used. i have not claimed on my insurance due to the fact i have no contents only buildings the bit i have to pay is about £1400 of the claim i can imagine the cost of cleaning and redecoration and replacement of the carpet will be about £2k. beds and wardrobes and tv not covered on buildings insurance i will add a fire investigation has confirmed the cause of the fire was the phone charger. carphone warehouse showed no real interest trying to resolve this matter with microsoft who own nokia. problem i face who do i claim against how long should i wait before i clear the room out what does my claim come under the law that covers this mess. i have three people in 1 bedroom so this can no longer continue so must move this along perhaps help advice guidence would help please

Hi I purchased a sofa from SCS back in 2012. The sofa delivered was faulty and after months off arguing we agreed to get a replacement sofa. Ordered January 2013 delivered May 2013. At end of june this year the springs gave way on the sofa and i called to claim under 10 yr warranty. I was told I had to pay £75 to get someone to inspect(as per T&cs)and if it was a manufacturing defect it will be repaired so arranged for July 15th . The Upholstery technician assessed the sofa and we got a letter on 25th july confirming the necessary parts were ordered taking 5-7 weeks. We waited 8 weeks and called to be told they will arrive 3rd october making it 10 weeks. I tried to pre book appointment for repair but i was told no. I had to call again on 4th october they confirmed the part was in then told me 3-4 weeks before they can come to repair. i was not happy and asked for a callback from a manager. no call back so i contacted Consumer rights. I have put it in writing to the CEO of SCS and requested a refund under the sale of goods act1979 to which i got a cheeky letter back stating it was not a manufacturing defect but general wear and tear but made the desicion to assist in a repair and to contact to arrange a repair within 21 days or they are closing the case. HELP where do i go now as i checked and the are not registered with the furniture ombusman:-x:-x:-x

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.

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.

Hi Caggers, We use TNT for delivering our goods on a daily basis in my company and normally they are ok, yes we've had some DiT issues but on the whole they've played ball so no major headaches . . . until now! We sent out 5 parcels containing 14 products in total to our customer in a European country, 9 of which were damaged in transit. Our customer signed for them in the usual 'good condition' and more importantly then didn't contact me for almost 2 weeks before telling me they were DiT's. I put a claim in with TNT based on the 21 day rule but they have now replied quoting; "The Warsaw Convention which is applicable in law, states that a claim for damaged must be recorded within 14 days." I've already served them with a LBA 2 days ago, but i've not come across this Warsaw Convention stuff . . . can anyone please shed some light on this, thanks . . . Stuart

I put a claim in with our local council for damage to my car caused, there was a large dip in the road, since hitting it the suspension has no dampening in it, and there is a bad knock. I emailed the council highways dept, who passed it to their insurers, Zurich in Newcastle. They asked for a road report from highways, and after 2 months, came back to me with claim refused - not accepting liability. They sent a road report, with reports that has been made from the public - on this there is a report for the dip in February 2016 (large dip in road, can this be repaired, and council notes say - job note put out). I then hit the dip on the 25th April, and it causes damage. It wasnt repaired during this time, as it says the last time it was inspected was November 2015. A week after I reported it, it is filled - however it is sinking significantly again. Is there any templates or anyone have any idea how to write a reply to them, asking how they can refuse liability, yet on the report sheet the job was reported to them 10 weeks prior to causing my damage? Thankyou. I have the response letter I can take photos of and post on here if needed.

Hi there. I have wasted so much time and stress trying to get a good condition/new set of garden funiture from Argos. It's been 3 months since we ordered this Furniture set:http://www.argos.co.uk/static/Product/partNumber/6523835.htm We didn't get a confirmation email after ordering this furniture. After calling Argos they said that there was an issue with the ordering system which meant email confirmations weren't going out that day but confirmed the order was successfully placed. We ordered this furniture in mid March. The product page stated delivery within 14 days. We were given a delivery date for about 2 weeks after order date. Just before the delivery date, we received a call to advise that there was an issue and that delivery would be delayed by another 4 weeks! Finally, on 13th May we received the furniture. Now this furniture is BIG! The boxes they came in do not fit through a front door and so I had to get delivery team to leave the boxes on our driveway and I opened them after they left and we carried the all the furniture through the house and into the garden. Upon close inspection we found several scuffs on the rattan effect plastic weave: Here the weave has been done incorrectly. These strands should be tight. On the other sofa it is nice and neat. I had a live chat with a customer service advisor and sent them the photos. You can view the transcript (guy was a bit insensitive) if you're interested here: http://pastebin.com/CTv5W3d9 They confirmed that it shouldn't have arrived in that condition and that the weave was defective. I offered to accept the furniture if I could get a discount for the defect and damage. After initially offering £29.99 they said the maximum they could offer was £49.99 plus delivery charge so I rejected the offer and asked for a replacement instead. As I was about to go on holiday in a weeks time so the next suitable delivery slot for the replacement furniture was 14th June. When this replacement set arrived it had even more damage! So I did a video of it to show Argos: https://youtu.be/T7LW8qypRTc I contacted Argos publicly on their Facebook page with a link to the video. They replied and apologised and said that 'small' cosmetic damage can happen in transit. They arranged for another replacement to be sent. This 3rd replacement set arrived on 17th June at 3.30pm despite time slot of 10am-2pm and I was on school run at the time (more stress!). This set was by far the worst of the 3. Damaged in several places (broken rattan) and the middle section was clearly very used and filthy! Here's a video of the 3rd set's condition: https://youtu.be/lzF0kDACckw I complained on their Facebook page again and asked for a manager to contact me. They replied to say that I can have a replacement or refund. I asked again for a manager to contact me and they replied saying that my complaint had been passed onto management who would be in contact as soon as possible. That was 20th June and no contact but I think I won't hear anything more now. We will see. Obviously I could just get a refund but I really want this furniture set. It would look amazing if it was in new condition. There are many many 5* reviews on the product page so other buyers aren't getting the same issues as me. My reason for posting is because I would like to know what I can realistically ask for in compensation, IF I actually manage to get a set of this furniture I am happy with. Here's a summary: 1.Delivery took 6 weeks due to 4 week delay despite Argos quoting a 2 week delivery on product page when we ordered. 2. Three sets of furniture delivered. All damaged/second hand etc. 3. It's been 3 months since they took our money and we still don't have a furniture set that we can use. As a result we have had no garden furniture to sit on since April. 4.I have had to miss out on 3 days work for deliveries 5. Stress and inconvenience of the whole thing. Thank you for reading this far and I'm sorry it's so long. Any help you or advice you can give me is greatly appreciated

Hi Guys, Please can you help with some legal stuff . . . We use DPD regularly and suffice to say damages do occur, fairly infrequent in all honesty but when they do I expect them to honour the claim. The latest problem was a delivery to our customers customer, 2 boxes full of acrylic display products, these were well packed with bubblewrap, double wall cartons and various void fill to ensure no movement in the box . . . sadly x amount of the products were damaged, photos were taken and I put the claim in . . . Today i've received a knock back on the claim saying the boxes were insufficiently packed therefore that's why the damage has occurred, clearly the customer had removed most of the packaging to inspect the goods on opening! When they photographed the damaged goods in situ they didn't think to replace the bubblewrap of course as you wouldn't be able to see anything but bubblewrap. This is the second knock back i've had and i'm now making a stand against them, please can anyone shed any legal standpoints so I can take this further. Thanks in advance . . .

Is it worth complaining to Royal mail about water damaged mail? Today I received 2 large letters both of which were water damaged....no rain past couple of days around here, in fact it is sunny today!

Good Morning I apologize if this isn't posted in the correct section. Long story short - my brother purchased a sofa from an online retailer, it was delivered cash on collection, couch was in 'boxes' - when opened the couch was badly damaged. Damage was reported within 5 minutes of delivery, the company ignored and blocked calls from my brother and have refused to do anything about it. We contacted them from a different number and managed to speak with someone who initially offered a refund less delivery (I quoted DSR - as this wasn't a return of unwanted, it was return of faulty) and they then backtracked and said the couch was 'shown' to the customer and they had damaged it. Fast forward a few well worded text messages back and forth - we get an angry call from who I presume was a manager or director - at 1st saying he'd refund, then maniacally changing his mind mid way and saying 'you haven't got a purchase order or invoice, you haven't got a leg to stand on - you haven't got any proof you bought it from us' - which I managed to record Now he's taunting my brother, he has made a few promised to collect and given several times - one at 1:30am and to wait up. He waited up and nothing happened. I am at a loss as to what to do - I have contacted Citizens Advice (as they have to hand over to trading standards) - but haven't had a response. Here is an email I have sent to citizens advice - it goes into a bit more detail, maybe a little ranty... My brother purchased a sofa from Luxuy Living Limited - which we discovered on Facebook. Their web address is: ll-uk.co.uk They arranged contact through one of the mobile phone numbers listed on the website, and delivery was made on Saturday 2nd April. Upon delivery, cash was paid. The sofas came in 'boxes'. The delivery agent briefly broke apart a section of one of the boxes to point at fixings to explain how they clasp together. All seemed well, the drive left and the couch was 'unboxed'. We discovered damage immediately to one of the couches - and made contact to all of the mobile numbers on the website. This was literally within 5 minutes of delivery happening. After being unable to speak with them, we sent some text messages which were not responded to - and further attempts to call were unsuccessful. My brother called me to speak about the problem - and I attempted to call and was able to get a response. It would seem they blocked calls from his number. I'm a little more savvy and wrote a number of constructive texts explaining their obligation as a business - and have received a number of responses. Initially they said they'd refund minus delivery costs of £70 - which I explained was in breach of DSR as we are not 'cancelling' the order because we don't want it, we are returning because it's faulty. After I challenged this, they claimed the couch was unboxed and shown to the customer - and the damage had been caused by them. I challenged this and asked if they had anything signed or any photos to show this - as it's unlikely that they'd cause a manufacturing defect within 5 minutes of delivery. A few more texts back and forth and they made a promise to refund on Sunday 3rd. They waited in all day on the 3rd - nothing happened. By now we'd been back and forth with texts - and received a phone call from an angry gentleman who I believe was the business owner - we recorded the last minute or so of the conversation. He said he'd sort it, and it would happen later on Sunday night or Monday morning, then in the same breathe told us that we didn't have a leg to stand on because we didn't have a purchase order or an invoice. After explaining we have phone records and a raft of text messages discussing the sale and refund from a number listed on his website - he laughed and said he'd change numbers. We have screenshotted data from his website. We are getting absolutely nowhere and this company has behaved despicably.

Hello, War and piece - if you can't be bothered to read see the last two paragraphs. In June 2015 I bought a brand new Seat Ibiza from a Seat Dealer on PCP Finance (Dealer supplied Finance through VWFS). The main reason - I've always had older cars but I was fed up of the maintenance requirements and the time I had to take out for preventative repairs that older cars require. A new car was going to cost me more money, short term and long term; but the privilege of a new, reliable and care free vehicle outweighed any financial impact. This was clearly outlined to the salesman. Very early on in ownership I started experiencing issues with the car, please find a rough timeline below: 600 miles - Developed a light knocking sound 811 miles - x2 new front droplinks fitted under warranty. 1200 miles - Car started knocking again and suspension became very vocal. 1254 miles - x2 new steering arms fitted under warranty. On the drive home from having the steering arms replaced, The car felt 'off'. The steering wasn't as precise and seemed to tram line depending on the road surface and condition, the knocking had not been fixed. I made a phone call to the dealers expressing my concerns where I was advised to keep driving as the new steering arms will loosen up. 1600 miles - The symptoms were still the same and knocking remained. I rebooked the car in and asked for an inspection and alignment check. 1949 miles - Car was returned to the dealer and A Seat Master Tech test drove/inspected and found no issues, I was assured tracking had been fixed when the steering arms were replaced and had been double checked this time. Car only had a 1.6 mile test drive! 1983 miles - Car went to a local independent, I explained my issues and requested an inspection/second opinion only. Within 5 minutes on a Hunter alignment machine it was noted the front wheels were toe out. The car was not rectified (for the avoidance of doubt the car was untouched mechanically) and I have a print out as evidence of the issue. I was also advised that the suspension top mounts should be checked and is a known TPI on Seat Ibiza's. A detailed complaint was sent to the Dealer Complaint Manager via e-mail; stating I am ready to reject the car if they can't fix it. I was called by the service team asking to bring the car back in 2154 miles - The car was returned to the dealer where I was informed the Dealer does not have tracking equipment so the car was sent to an independent for tracking to be rectified. The car came back with a print out and the rear of the car was out of spec and was left out of spec. No other work was done by the dealer Although the cars steering feels better, the car still overreacts to road surface and has very vocal suspension. A further complaint was put into the Dealer via a reply to a customer satisfaction generic e-mail - I was advised the dealer principle would be in touch No response from the Dealer so I chased my complaint again I spoke to the Dealer Principle via phone call where I advised I have lost confidence in the car, in the dealer being able to rectify the issues and that I want to reject the car. We agreed the best option for all parties involved was to negotiate an amicable solution and get myself out of my current car and into an equivalent replacement - We discussed an equivalent spec Leon FR due to my lost faith in the Seat Ibiza. The Dealer Principle handed over to The Sales Manager and advised I'll receive a phone call with options. I received a phone call from Sales Manager stating he needed to get my Settlement Figure from VWFS before we can continue negotiations and to expect a phone call the following day. I called VWFS myself and obtained a settlement figure of £12,247.79 I failed to receive a phone call the followed day, so I chased The Sales Manager called me the next day and advised he values my car at £9,500 and as a result there is too much negative equity to begin negotiations and there was nothing more the Dealer can do. I advised I'll have to take this further with Seat UK and the Finance Company. Put in a complaint to VWFS and Seat HQ Phone then rang off the hook from the Dealer apologising and offered me deal where they took my current car, settled the finance then started a new agreement on a Leon FR. They planned on using my original £2,000 deposit on the Leon, however the Leon is an unsold but brand new MY15 model (current is MY16) Leon FR - subtle tech changes. I asked for 24 hours to think and was advised sales manager was off the following day but he would hand over to business manager Following day I accept the offer only to be told by the business manager I now need to put in another £2,000 deposit! Long story short - Brand new Seat on PCP finance, started with steering and suspension issues from 6 weeks / 600 miles. Dealers had the car back 4 times and the issue is still apparent. I'm negotiating with the dealer to get me out of this car and into another, but the offer the dealer has given me works out £2,112.81 more expensive, over a longer term for an older MY spec car than if I were to get my £2,000 Deposit back and go into a competitor dealer with a new order. I'd accept the deal without the extra £2,000 deposit and compromise by having the older MY car. But at this stage I feel I just want out. I want to hand the car back, cancel the finance and get my £2,000 deposit back to go elsewhere - I'm not interested in compensation or costs to date, just a clean slate. Help! What do I do and where do I go from here?

So, I've noticed my black glass table has been covered in white flakes or whatever, Anyway, I'm hardly in the flat at the moment because I'm in the process of moving in. Anyway I've came to the conclusion that the up stairs flat must be jumping that hard on the floor it's caused damage to my ceiling... I've got some pictures for anyone who might be able to offer advice, I have a good mind to go to the council office on Monday. Clearly just using the place as a party flat or something. Thanks

Hi All, first post so please bare with me. we bought a Palram shed from an Amazon seller around 3 months ago. We set the shed up which was a painful task in itself, and where reasonably pleased with it although I did note that the plastic sides where somewhat flimsy and thin. Search Palram shed on Amazon 8ft x 6ft to see the product if needs be. Now in Preston where I live at the weekend we had very high winds and stormy conditions. Which shock horror, caused the shed to collapse! The whole thing came in on itself and the metal frame was contorted and bent. Wont let me post images as I'm new, but think bent twisted metal supports etc. I entered into a dissuasion with the supplier about where to go next... see below for transcript:- Good afternoon, could you please advise re the below issue with the shed I purchased, via Amazon: Order reference: ................. The shed was assembled shortly after delivery by my partner and an experienced tradesman. The shed was placed against a wall to the rear and the right hand side of the shed had ample support and shelter. Anchor bolts where also bought and placed into the shed as instructed. Yet during Moderate winds today in Preston (28mph, gusts up to 49mph), the shed has totally collapsed. Panels had come out, the roof and supports have lifted and the metal cross bars and supports have contorted and bent. This shed was assembled with the utmost care and accuracy according to the instructions provided, yet this has still occurred. I most admit upon construction I did note that the side panels of the sheds did see flimsy, but when constructed the shed did seemed sturdier than anticipated, yet this has still occurred. I am greatly dismayed by this, and after spending a large amount of money on this product I would expect it to be able to stand up to the elements? Could you please advise on the next course of action and what assistance you could provide in this matter. I eagerly await your response. Kind Regards, **** The Response was "Hi **** very sorry there is a problem, please could you send us some pictures of the damage please? Best regards Phil." Reply Hi Phil, Thank you for the timely response in this matter, it is much appreciated. Please see images attached of damage to the structure of the shed. Upon discovering the problem, panels of the shed had been blown from their fixings and the shed had basically collapsed and the whole structure had shifted from its base. We had very little time to try to remedy the problem prior to it becoming dark. To prevent any further damage or any risk to health and safety the shed was taken down. Due to the damaged pieces it is highly unlikely the shed will be able to be re-erected in its current state, and even still without these problems this is a less than enviable task. Thank you for your assistance, Kind regards, Reply was:- Hi **** thanks for the pics we are in Blackpool so do know that it has been windy. Could we replace all the damaged parts for it to be rebuilt? Best regards Phil. To which we said:- "Hi Phil, Thank you the kind offer to replace the parts. The shed is in such a state of disarry, it would be very hard to reassemble with replacement parts, it would mean further dismantling large parts of the shed to reassemble it. Whilst replacement parts would allow us, with some difficulty, to rebuild the shed, this would offer us no guarantee we would not get another repeat of this situation when adverse weather is repeated. This occurence worries me greatly and leads me to believe the shed is not fit for the purpose. When purchased through Amazon the listing advised the shed comes with a ten year warranty, for this to happen within three months gives me no confidence in this product for the years to come. Ideally, I would like a refund on this product and I can gladly organise a return of the product to yourself if based in Blackpool. Kind Regards," And then we heard nothing for a couple of days and received this message today:- "Hi ****, I spoken with Palram and they have said it is very rare for a shed to collapse due to the wind. We have sold 1000`s of the sheds and it has only happened a couple of times. Palram will not issue a refund due to storm damage but will replace all the damaged parts. Best regards Phil." this is where I stand as of now, I'm just looking for any advice or guidance as to where to go from here. What do you guys think? I'm remiss to just say yes send me the parts as reassembly will be a total nightmare. They have admitted that whilst rare it does happen the sheds blow down, thus not being 'fit for purpose' correct, no mater how rare the occurrence. Thanks in advance for any help ;-)

3-4 weeks ago I sold an integrated amplifier (Bang & Olufsen Beomaster 6500) in a perfect working/cosmetic condition via ebay (130 pounds). Unfortunately it was damaged in transit as those guys from Hermes probably decided to play basketball with my item at their depot. "Very sad to say it looks like it has been thrown around in transit. The top of the case is loose on the right hand side, and the 'gap' between the lower chromed panel and the top panel (on the front) has a 2mm gap at the left and a 6mm gap at the right. Additionally one of the side corners is bent as though it has been several times dropped. Sadly, it doesn't even power up to test!!! So the bump must have dislodged something" (from buyer's description) So this is what happened to my amp regardless of the fact that it was wrapped up in a ridiculous amount of bubble foil, placed in a sturdy box covered with some other extra layers of protective foil inside and here was FRAGILE sign on the cover indicating sensible and wary carrying. I ended up losing 130 +13 (p&p costs) =143 pounds as I had to provide my buyer with a full refund (via paypal). Obviously I submitted a claim through Hermes site (I had insured my item for 100 pounds while placing an order) and obviously it was rejected by them because "the contents of the parcel(in my case integrated amplifier) are excluded from compensation for damage" Now I've just found the following words of wisdom: "no matter what their terms may say a carrier cannot disclaim liability for loss or damage which occurs as a result of the carrier failing to exercise due care in carrying out the contract. The consumer has a right to expect reasonable care to be taken, only if that care is taken and the item is lost or damaged despite that, the carrier's terms can stand." So perhaps someone can help and give me an advice if I have a good grounding to fight back with Hermes? And if so is Small Claims the only possible way to do it? Thank you in advance, Michal

I bought something from ebay at a very good price; one not easily repeated. The seller shipped it to me via Hermes. The tracking showed it as being with my local courier & out for delivery last thursday. It never arrived. I checked the tracking and everything was the same except the date had changed to friday. Still nothing (I was in all day) This happened for saturday & then monday; the date for delivery kept changing but still no actual delivery. Sometime on monday (yesterday) the tracking stopped working with a message that the tracking had been cancelled. I contacted Hermes via their online 'chat' and was told that they had damaged my delivery & had thrown it away but had given the sender a refund. I'm sure I'm not the only one who thinks this is outrageous. It's bad enough, as a company offering the shipping of goods, that they are so negligent as to allegedly ruin shipments but to then allegedly discard the item too is so far outside their duty it's beyond belief. I say 'allegedly' above because for all I know someone has taken a shine to my item and simply reported it as 'damaged & discarded'. Where do I stand being the recipient. I didn't pay for the shipping or choose Hermes but I want what was sent to me so I can decide whether it's of any use or not. Any help or advice gratefully received

Hi Guys, I accidentally dropped my iPhone 6 down the toilet about 2 months ago. The damn thing was in my top pocket and slipped out when i bent down to pick something up. Nightmare, as the toilet had bleach in it. I fished the phone out, gave it a very quick rinse, because of the bleach and towel dried it, then stuck it in some rice, as I've heard of people doing this. I called Protect your bubble to start the claim. I left it in there for a day then tried the phone. it was all over the place to start but then began to work properly and continued to do so for the next couple of days, so i cancelled the claim. last week, the phone died after i installed ios9. i took it to the apple store, who opened it up and said that the water damage had finished it off. I explained what happened and they said that they would never replace this phone because of the water damage and more importantly the bleach. I reopened the claim with PYB and sent the phone off to A Novo, who is their repair company. After a few days I called PYB to get an update. they said that the phone is still being repaired. I questioned this because of what Apple said. PYB said that their contract with A Novo was to repair the phone rather than replace and that the phone would be fine. that got me thinking, so I cold called A Novo to get their opinion. They said that they would never repair a water damaged phone, let alone one that had bleach in it. I mentioned PYB and they said that their contract with PYB is to repair 1st and only replace if the phone doesn't pass the 40 point check. They also said that their work is guaranteed for 180 days. Im still waiting for the phone back, which should be Tuesday, so my question is Where do I stand with the repair? My concern is that it may work now but as time goes on , the metallic parts will corrode and the phone may fail outside of the 180 days warranty many thanks EOS-5D

Hi all, hoping someone can advise on this please! I have been ordering clothes from an online retailer for around five years now with no problems. On my last order I returned some of the items, only to then receive an email from them saying that one of the items was damaged so they won't be refunding me for that item. I immediately told them that the items were fine when they left me, so they must have been damaged in transit, but despite numerous emails they are refusing to accept that they could be responsible and simply repeat that the item was damaged when returned to them, so it is my fault, so i am not entitled to a refund. Usually their items are delivered by DHL in a nice strong box, however this particular order was delivered by their own in-house "premier" service which I haven't used before (they were offering free premier delivery at the time), which means that it was delivered by their own driver, and the items were simply bundled into a cardboard carrier bag, not protected in a box. So they could easily have been damaged in transit (for example some items were on hangers, others were just wrapped in tissue paper and could have easiy snagged on one of the hangers). But I have no way of proving that they were in fine condition when they left me - it seems to be my word against theirs. I have been a loyal customer of this website but all they say is thank you for your custom, sorry for the inconvenience, but the item is faulty so we're not refunding you. Do I have any rights at all? Seems pretty strange that an online retailer can just claim that items were damaged and you have no recourse - particularly when it is their own delivery service so you can't claim against the transit company. Grateful for any advice please!

Here goes my story, I ordered a fridge from Curry's to be delivered on a Saturday. Because their website had a problem on that day, I ordered over the phone to check delivery schedules (this is not affecting the rest of the story but is noted in case relevant). The truck arrived at the allocated time, I had also scheduled to have my old fridge taken away. It was a fully functioning fridge for the record, but small and wanted to save the trouble of disposal. The fridge was packaged and unpacked in front of me, all looking good and in perfect condition externally. They moved it inside my kitchen and I was told to wait for two hours before running for the oil to settle from transit. As soon as they were gone, I took notice of the motor at the rear. The positioning of the motor appeared wrong and a closer look revealed the motor had been misplaced from its base. The base had two long steel pins were the motor was originally sitting upon. At the same time I found a round rubber piece, which I understand to be a vibration absorber, lying around. The other one was missing. Also noted a 2 inch crack on the plastic back of the fridge, behind the motor, indicating the motor had come off it's position and hit the back of the fridge. All this a clear indication of impact, either by a fall on transit or carriage. I immediately called their customer support to speak to a very polite lady, who informed me they could offer a 10% discount for the damage and further replace the appliance if a fault was presented within 28 days. And beyond that period I would be dealing with the manufacturer warranty. Or, process the appliance for a return and replacement, but with absolutely no guarantee of having a new fridge on the same or the next day. They also said that if I plugged the appliance on the mains and operated it, then it would mean acceptance of the appliance. My response was that I paid for a new fridge and I could not speculate whether the motor would be working properly, leaking, present a fault due course, make noise or fail due to prior damage and/or imbalanced operation, as it was obviously not in place according to the manufacturer's design. So, the sort answer was "no, I will not take a risk, I'd rather have a new one as per description and please make it quick". At the same time, it was even more frustrating to be told that I cannot use it while having my old -perfectly working- fridge removed and nearly £200 worth of shopping to keep cool (fresh meat and fish included), I would have to waste all my food. After all, I was getting a new fridge and was planning to store my shopping in there. Plus I could not possibly test it due to the settling time involved. I basically told them they would either have to return my old fridge back as it was minutes away or take responsibility for my shopping. But there is more... They asked me to read them the serial number of the appliance in order to process the return, which is located in the fridge compartment. I removed the protection tape from the door and still couldn't open the door! Here comes the fun part, I managed to open the door slightly, risking to break something only to realise that two of the glass shelves inside the fridge had lodged into the door (yes believe it or not) revealing the insulation foam inside the door. At that point the conversation turned to "fully damaged appliance"! They accepted the fridge was damaged and would be replaced, but they could not process the return over the weekend because the department responsible was closed. I said that the shopping needed to be stored or someone with a managerial position would have to take responsibility for this amount of food going to waste. They eventually said that I could use the appliance to store food but had to make sure it doesn't look like it had been "used". What on earth is that supposed to mean, it's like telling someone to use a saucepan and then try to put it back in the box and return it as new. It was a really frustrating situation, I wasn't even sure if the fridge was working after all. They promised to deal with it asap and call first thing on Monday, so we left it at that as I was fuming. The damage is clearly due to a fall in transit, I have never seen a glass shelf slicing through the plastic of the door, it could only happen from inertia and a very hard braking...bang. I managed to run the fridge (even the light was gone) as no alternatives were coming to mind, otherwise had to spend all weekend without a fridge. The problem is that the entire situation has been a great inconvenience and just having a new appliance will not cut it. I will have to take time off work to resolve this asap, which means losing income and I also don't know how they will handle the situation when it gets picked up. AFAIK all the communication was being recorded. Needless to add that I have taken a thorough set of photos from all the damages.

Hi guys well heres my horror story. Girlfriend wanted to go away really bad so we went to Thomsons. In store my girlfriend got talked into buying a holiday to Tenerife and it sounded good so we booked it. When we returned home the hotel had bad reviews and people had said it was based on a huge hill that was unbearable to walk, especially if you had kids and we did have a 2 year old son. So I asked the travel agent if the hotel was far from the town centre and she said its not according to Thomsons website. I have the call recorder app so I guessed that as the call was recorded and I had nothing to worry about, at the worst i could complain in resort if it was very far as per the numerous reviews. So I took her word on it and we flew. When we arrived in Tenerife our son's pram didn't come through. I contacted a rep there who I recorded the conversation with and he said that Thomson's agent and not Thomsons had lost the baggage and I would have to call the airlines agent Iberia in the morning and in the meanwhile hire a pram and get reimbursed when I got to the Uk from Thomson. I immediately questioned this and asked what Thomsons would do and the rep just said they couldn't do anything in resort/at the airport and it would have to be dealt with by Thomsons in England, which i have the whole conversation recorded. Anyway the hotel did not have any prams to hire as the agent suggested and so we were left for the first 72 hours without a pram. The hotel also was on a very very long and steep hill which wasn't described and was so bad that whilst we could walk down it, walking back up it was extremely gruelling and tiring. The room we got was damp and had condensation and when I did attempt to contact the resort rep they were never in resort and we were told messages would be left with them but none were. We decided just to clean the room the best we could and I continually rang the agent on a day to day basis - Iberia, who 72 hours later found the baggage and said it was never put on the plane thus the delay. Iberia had the pram sent to our hotel reception. When it did arrive it was damaged and stained with mud and the wheels would not properly allocate and move. I immediately took photographs and thought that I would complain when back to the UK. When I returned back to the UK I wrote to the store I bought the holiday from outlining my complaint with photographs and also prove that on travel republic (another site) they mention different km distance from the same town centres that Thomsons did on their site and brochure. I never received any response from the store and so i complained directly to Thomsons through their website. A few weeks later i got a response from 'Sky Tours' who as far as I knew were not even who I booked with..anyway they said they could only pass on my baggage claim to a department in Crawley who they would get to contact me. As for the loss and misdescription they put it down to 'opinion' and said they couldn't do anything more. I then got a telephone call a few weeks later from Thomsons again who in the end told me they'd investigate only to tell me in the end that they again could do nothing as the mis description was 'opinion' ( i.e. it could be debated if a hill is 'steep' to one person to another's version of steep..etc') and saying that now as Thomsons could not pin point where the damage occurred they would not repair or issue a new pram or any compensation and as I did not take out travel insurance I breached their terms and conditions and am not protected. I have found this to now be the final draw to me and I am seriously considering taking the matter to ABTA and even the small claims court. In my opinion Thomsons breached their duty of care as they and their agents lost my bag and were negligent, They have failed to address my clear evidence of misleading distance in their brochures and information provided by evidence and photographs of the rooms which is different to that of the brochures which as this was a package holiday is covered by the Package Regulations Act from my understanding.. so what would you do next?

I recently ordered a Vanity unit from Bella Bathrooms (online store). After receiving and installing I found a pin hole size mould crack at the bottom of the sink (manufacturing fault). This was causing a leak under the wash basin. After contacting Bella Bathrooms they agreed to replace the damaged sink for a new one however I have following 2 issues 1) I will now have to pay one day plumber call out charges £100 for removing the old sink and replacing and sealing the new wash basin. 2) After agreeing to deliver the item I've now been told that they wouldn't have same item in stock until June which is nearly a month away. I will be suffering as currently installed sink is leaking due to having a mould crack. Can someone kindly advise if I am entitled to claim £100 that I would now have to pay to re install my wash basin (this doesn't even include any extra cost such as cost of silicone and other materials that I would have to pay to re seal the wash basin), and what are my options apart from waiting until June. Am I covered by any rights as this purchase was not physically made with in a store? At present I've contacted Bella Bathrooms to get compensated for £100 labour charges and they have blatantly refused saying its not their policy. Any help will be highly appreciated

Hello - I'm hoping you can help me out regarding a parcel I've sent with Hermes. The item arrived damaged (technically, all that arrived was a noticeably empty box) - and so was rejected by the recipient. I've contacted Hermes (who hadn't bothered to tell me that it had been rejected), who have said I need to pay for the return delivery to be able to obtain a photograph of the item to claim for it as a damaged item. Is this correct? Should I have to pay for return delivery for an item they've damaged/lost? Thanks Sam

Hi all, Bit of a weird one but I am sure you guys can offer some solid advice. I was leaving a private car park of a retail shop, as I was leaving I went through what only can be described as a crater. The crater was taking up a full parking space and was filled with water. I've driven through it, ripped and scuffed all the underside of the car and cracked the bumper in a few places. It's nothing massive but still annoying and was wondering where I stand in regarding claims etc. It'll probably cost £200 (guesstimate) to get fixed. I was thinking of finding out the land owner and contacting them, then going from there really. Do I have any legal grounds or am I knackered? Cheers.

we are having an extension built and a fork lift truck driver had no choice but to access our property by first going on our neighbours driveway. whilst doing this his back wheel caught their manhole cover (which was loose/slightly damaged to begin with) and it lifted slightly. when the neighbour reversed out of the driveway a few hours later, the manhole cover fell down the manhole and left a big hole at the top of the drive with about a 20ft drop. our neighbour and ourselves are now blaming the fork lift truck driver but they are not accepting responsibility as they said the cover was loose before they went on it and can see by google earth images that it wasn't in perfect condtion. who is liable for this?

I recently sold a phone RM special insured delivery through amazon which arrived damaged (the phones sim tray was crushed in transit), the person who bought it off me sent it back without the original packaging as they chucked it away. RM are refusing to compensate me either for the value of the phone, (150) or the repair of the phone (50) as I can not provide the original packing. Is there anything I can do?