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  1. If an item is purchased and paid for online but collected from the store, what are my rights when it comes to returning goods. That is to say do I have the statutory 7 days to return and request a full refund as it was an online transaction or does the fact I collected goods from the store have an impact? Grateful for any advice
  2. need some legal advice on current situation. me and my partner spilt 3 years ago, we have a 3 year child together. we moved into a rented council house while i was pregnant and as he used to be in the army the british legion paid something towards the white goods, washer, oven and fridge and towards the carpets. after we separated he left the home and was very happy for me to keep the goods as they were necessary for his daughter. now after 3 years.. (he is now engaged and living with his new partner in fully furnished home with his 2 other children) he has had his solicitor contact me stating that he wants the goods back and to arrange when he can come to collect. this then would leave me and his daughter with no carpets, fridge or cooking appliances. Can he legally do this?? i am on benefits so i would not be able to replace these things. i have to reply to this letter myself as i do not qualify for legal aid anymore so any advice would be grateful.
  3. Evening all, first time poster I have an issue in regards to paying postage on an item which is faulty under warrenty, I don't know what my rights are and I'm not sure where i should be looking? Should I have to pay the postage or is it the responsibility of the manufacturer? They have told me it's not their policy to pay for any goods returned regardless of them being faulty or not?
  4. Wonder if anyone can help with my situation please I am a bit unsure what to do. Just over a year ago I (stupidly) took out a logbook loan on my vehicle for £1360. The repayment agreement was £40.11 per week for 156 weeks. The idea was to use it as a short term loan and settle the balance off a couple of months later avoiding the ridiculous interest rate for keeping the loan for the full term. (£6257.16 repayable). Unfortunately circumstances changed I lost my job and was unable to do so. I kept up the payments for 11 months until July 2014 and have repaid in total £1407.69 to date. The payment arrangement on the contract states weekly however I was told I could also pay monthly- which I had been doing since the start of the agreement. Due to loss of employment in November 2013 and again in July 2014- I fell slightly behind on payments. 6 weeks behind- which is not even 2 late payments when paying monthly. The logbook loan company at both these times instructed high court enforcement officers to attend my address to recover the vehicle. I explained to them on both occasions that I was not even 2 payments late and only £240.66 in arrears and they left after 30 seconds with no further action. After the first time I gained employment again quite quickly so was able to bring the arrears up to date. In July- I contacted the logbook loan company to try and set up a reduced payment plan that I could afford whilst unemployed. They were extremely unhelpful and refused point blank to accept anything less than £30 per week- which I started to pay weekly. I requested a full statement of my account to see exactly how much I had left to pay and the settlement figure should I somehow be able to settle it off once I gained employment. Upon receiving this- I noticed that they had added on extortionate charges for instructing the high court enforcement officers on 2 occasions. All they did was knock on my door speak to me for 30 seconds and then leave. No recovery action or any other action was taken. Yet the logbook loan company added a total of £900 in "recovery charges" onto my account despite nothing being recovered. Obviously I was unhappy about this and after much discussions getting me nowhere told them I would stop repayments until they removed the charges from my account. They refused- instructed a solicitor- and I now received from them a county court claim through the post with a "return of goods hearing" to take place in 4 weeks time. The claim details the full £6257.16 repayable for the full term of the agreement minus the £1407.69 I have paid plus additional costs and interest of £900 bringing the total to £5793.96. I have no idea what a return of good hearing entails- or what my best course of action is. Can anyone help?
  5. Please Help. I sold my soul to the devil 4 yrs ago when I purchased a Tumble Dryer from Perfect Home!! Believe me I was under no illusion as to their sky high interest rates ect but I had no other alternative as couldn't afford to buy one outright. Since then I have had 5 agreements with them (2 have been paid 3 ongoing). My problem is this: A month before Xmas my cooker broke so having no alternative I once again turned to Perfect Home. All was ok until I missed a payment last week! My weekly repayments are £42 so I now owe £104! This being 2 wks payments Plus £5 late fees ( I have not been informed that the late fees had gone up!!) I cannot afford to pay this all at once so offered to pay £60 today and get my account up to date next week. The man I spoke to said they couldn't do that as they had a new manager and a change of policy??! I spoke to said manager who said they could only take payment in full! Can they do this? He has threatened me with taking my goods so I told him to take me to court and he put the phone down! If anyone can help/advise i would be very grateful
  6. Hi People, I'm hoping that this is simple but always like a head start from yourselves on these things. I will keep it simple and if anyone want more specific info I can provide it. I Purchased a BRAND NEW mini data server (PC) from a retailer online. I received it unboxed it and turned it on (All seemed to be working). As this (PC) is a server you leave it on all the time. After being in for a week or two It started having hardware issues (losing connection to its storage drives, then it eventually stopped working and would not boot up). I contacted the retailer who suggested that I contact the manufacturer. After a few communication calls and about 4 weeks later, the manufacturer agreed it was faulty and sent out a replacement. Unfortunately the same has happened with the replacement and I contacted the Manufacturer again, but this time they have not been very helpful and have not offered a replacement. Instead they asked me to try some diagnostics and to swap the storage drives around etc. However this still did not work and there response has been to close my complaint without resolving it. I am reluctant to start up a new complaint reference with them as they take so long to contact you approx. 3-4 weeks. Today I have contacted the Retailer and explained the current status and issue and asked for a refund. They say they cannot offer a refund as it is past 30 days and May or may not be able to offer a replacement as I have been dealing with the Manufacturer. The Manufacturer is WD (Western Digital) and the server cost me £2,500 Please could you offer me some advice. Kindest Regards, SPINSTER
  7. 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.
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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
  17. 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
  18. Hello, This week a BAYV rep called at my home to speak with friends who are visiting me for a short time. The BAYV rep spoke with my friend and then spoke with myself. The BAYV rep said he would get the police to let him in the house if I did not let him in. The BAYV rep freely discussed my friends personal business with myself as well as letting other people outside hear. There was even slander - the slander was that I am a criminal and that I had just assaulted the BAYV rep! I just laughed at the BAYV rep when he said this and again said to him that I am asking him to leave and adding that everything is on CCTV, so, if he would like to make a complaint of assault then I would have the CCTV to show that this was just a lie, made up by himself. When the BAYV rep finally decided to leave, I called one of my German Shepherds outside to underline the fact in bold that the BAYV rep would not enter my house. BAYV will not confirm that they will stop their visits. What is the next step I can take? I do not mind taking this to Court etc, injunction? Any help appreciated, thanks! Since reading this site today, I have learnt that other people have been accused of assault by BAYV! I have sent emails to BAYV requesting that they stop their visits. They have replied to my emails saying that they can not confirm that they will stop the visits to my house as they need to speak to their customer. They have also stated that this is their final response.
  19. I purchased a HP Pavilion All in One computer pc in Feb. 2010. Since May last year I have been unable to use it properly as it keeps blue-screening. I have taken it in for repair to 2 different companies one in May 2013 and the other in Nov. 2013 who have both replaced the hard-drive at a total cost of £180 . It still keeps blue screening and I was told by both companies to go back to PC World and state that my machine is not fit for purpose. I was also informed by the last company that he would be willing to give me an engineers report letter and that the machine should be in working order for 5 yrs. at least. Can anyone advise me please, pin62.
  20. 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
  21. 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..
  22. 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?
  23. 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?
  24. (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!
  25. 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 ?
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