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  1. We need to have this act repealed. By we I mean CAG, MSE, TPUC, PePiPoo members all need to unit and organise to repeal this abusive piece of legislation. Cameron states he only wants a 100,000 signatures to look at a law. Lets give him a million signatures with as much social network pressure as we can mount to force the corporate controlled press to take up the issue. What do you CAG members think?
  2. Just a general question I ordered a banner to be made up, sent the design etc. Company emailed saying that they will have to change a few things to fit all the words on the banner. Banner was to be deliverd by xyz date by a private courier. Company stated that on receipt i had 24 hours to proof read the banner or it will accepted that i have no complaints. Banner did not arrive on agreed date but the following day. Company is blaming the courier company for putting the wrong postage label on the parcel. The day it was delivered i was in a meeting 200 miles away so no way was i able to proof read within 24 hours. The banner has Trade protected Intellectual property faults on them. we have an order that was delivered a day later than agreed with a 24 hour window to reject the goods if a fault is detected. This company instructed their own courier company who i paid for to get the goods delivered to me by the agreed date. They are stating that they are not responsible as to this 24 hour clause, i see it as a breach of contract, comments please
  3. Hi, I hope this is the correct site to post this thread:???: I purchased an item from a major oxford street retailer via an online account. It was a present for my wife and was purchased 27/1/14 and was presented to her on 28/2/14. A fault was identified and the item was returned with agreement that I would be re-imbursed for the postage . Subsequently I have had a "partial" refund made to my account for the item cost and not the original delivery charge of £4.95 I am in discussion with the store over other factors but I want to be clear. Does the sale of goods act cover the original delivery costs I incurred at point of purchase? I have looked through the stuff on the trading standards but am a bit confused:oops: Thanks for any guidance. Stuart.
  4. hi. looking for some help. just had a bit of a harrowing experience. came home to find a person knocking my next dooe neighbours door. i said hello and went into my house. 2 minutes later this chap knocked the door and introduced himself as a baliff from Swift Credit Services working on behalf of The Vale of Glamorgan County Council. He handed my a piece of paper saying that he has secured the debt againt my car outside. And i didnt pay up in full within 5 days they would be taking the car. My car was secured against a previous debt I had with the Vale of Glamorgan previouse which i paid off in full. I must admit at this point. remembering that he had be kniocking my neighbours doors looking for me really started to get my a little upset. I repeated to him that, as i had already explained to one of his colleagues a few days ago, i can only afford £50 a month toward the £419 debt. which that chap flatly refused. This guy pretty much repeated word for word "we have a contract and we cannot accept that amount" like the last guy. So, and maybe i should not have said this, but i said how do you know thats my car? he replied "we have checked its registered in your name". having been lucky enough to have had a company in days gone by i remember that being the registered keeper does not mean you are the owner I replied so you know that having a vehicle do you? and how did you get that information. maybe i am beling naive. i know i owe money but this seems just too far!
  5. Hi All, I just wanted to have a little help. We are due to send off our defence for a return of goods order (from Moneybarn) this week. The case is a little long winded but just to sum it up, The DN seems to be in the prescribed format but we have been unfairly charged £25 for the privilege of being sent a DN (Charged twice for 1 notice!) and then charged an admin fee and then sent a Termination Notice after we notified them we were seeking a Time Order. We emailed Moneybarn to ask for an arrangement to pay the 2 months arrears and they were not interested in the slightest. I have now taken this on as a personal vendetta against this company as I am fed up to the back teeth of rolling over and allowing companies to stick us with costs and get away with daylight legalised theft!! We have (on the advice of a debtline agency) hidden the car for the last 8 weeks and have had two visits from a collection agency and then a phone call from a moron in another firm explaining that all the advice we had received from CAB etc. was incorrect. we are able to make the repayments now as our circumstances have changed, My question is, are there any terms of reference or case law that needs to be added to our defence that would enable a judge to rule in our favour? Many thanks PB23
  6. Hi, I just need to know that what I’m doing is correct? I bought a motorcycle 1 yr and 2mths ago, the cam chain has snapped and caused £4300 damage, the manufacturer has kindly said they will pay 50% of the parts, but have also stated it’s a lifetime part and shouldn’t snap, they are writing this in a report for me, I’m sending the garage I purchased the bike from a letter stating the sale of goods act, saying I would like them to pay for the repairs as I’ve only covered 3-4k miles on it and haven’t had reasonable use, now the manufacturer has stated the offer is only available until end of Feb, do I tell the garage owner this in the letter or is this pressuring them? Also do I address the letter to both of the owners as there are two, husband and wife? The bike has only covered in total 23k miles and has a full service history, I’m also including the £177 it cost to diagnose the fault in the claim. What’s the likely hood of me winning? He’s gone from saying I don’t have a leg to stand on to send me the details and I’ll speak to my solicitor, do I have a good case? Sorry first post is a question. Cheers
  7. Hi I ordered a piece of furniture on line just after Christmas and paid for it, it had a lead time of 2 weeks, after the 2 weeks were up they e mailed me to say that they had no stock and did I want to go on a wait list, I said no and they refunded my money. 2 days ago they e mailed me to say they now had stock, as I wanted to think about it I didnt reply and yesterday the furniture turned up but no payment has been taken and there is none pending from my account. What are my rights with this and would it be considered unsolicitaed goods Many thanks
  8. I was wondering if there is anyone that is able to offer me any assistance. I received a PCN from the council last year which I appealed against and lost. It eventually went as far as bailiffs contacting me for for the payment. I offered an amount I was able to pay each month which they refused. Some time passed and recently a bailiff from another company arrived at my house and posted a letter through my door saying 'Attendance notice the clearance of goods'. The letter stated he would be back in 48 hours to remove goods and hand written my friends number plate. I managed to get a breakdown of costs which are as follows: Debt - £82.00 First letter fee - £11.20 Visit fee 1 - £28.00 Levy - £40.80 Attendance / Van - £120.00 I managed to get the levy fee removed but was unsure if the other fees are correct. Are they able to charge for attendance/van on the first vist and without a levy? Thank you in advance.
  9. Hi all New to the forums, but have gained a lot of advice off here and have a query which hope you knowledgeable guys can answer. I had a bailiff from Excel Civil Enforcement call at my property for a motoring fine for my partner, and without giving to much away as I am confident the various agencies [edit] actively monitor, I had to call the police as they wouldn't listen or take any proof of item ownership and I became nervous and intimidated by them being camped outside my property constantly staring at me through the windows. with the police aiding (and against my better judgment and advice) I allowed the bailiffs to do a possession order which I have attached to this message (all ID etc removed). Full payment is due in 5 days; but they can take the good as far as I am concerned, even though most if not all items are mine I am willing to give them up as of course receipts are long gone since these are items from acquired over many years! My questions are this: 1) Did the order have to have a signature by myself (as a responsible person) as the debtor was not about - as you can see it is not acknowledged in anyway. Does this have any impact on its legal standing? 2) Some goods stated on the document I informed the bailiff that they were supplied by my employer He said as not marked "he could have them" (recall my partners debt not mine) unless I can give proof. I have since got a copy of the purchase order and sent to the bailiffs head office. Where do I stand if he tries his bully-boy tactics (he was like a thug to me when I tried to amicably deal with him before I had to resort to the police) and tires to take them/ignore this receipt. 3) I had also requested he supply me with a copy of the original warrant as I believe his sum was incorrect he stated he did not have to supply and he and his company would not have it and that I should contact the courts to get a copy myself (recall I would not be authorized as not my debt and therefore not my judgement and would not be allowed under the DPA I guess) Many thanks
  10. Hope some one can help...ordered beauty products online 03.12.13, charged to credit card but have had no confirmation email. Have emailed them 4 times but am getting no response. Company based in USA and no branches in UK but 2 stores stock their products. What can I do? someone help please!
  11. COLLECT SERVICES - notice of seizure of goods & inventory I am new on site, I received on my property notice of seizure of goods & inventory for car been parked in London (pcn) which is not on my name but my father who left the property as we don't get alone together nearly 2 weeks ago he moved with his girl friend some where and i don't know where he is at the moment. and he sold his car before he left to one of my close friend live in different area who bought the car and he got new log book on his name & address as well. my question is that will effect me in anyway as he is my father and well house is on my name on rent and am i liable for anything or my friend who bought the car from my father have any problem about this notice. Thank for your help guys, really much appreciated.sorry about poor English.
  12. Hi all I have a problem with a store that wont provide the goods that I paid for. It was a TV and I asked and paid for it to be delivered. It was a really good deal and the price may have been a mistake, However I have paid for it but now they are saying that they cant get it any more and are trying to force a refund to me. Can they do this?
  13. I recently left a house for various reasons, had trouble with landlady, solicitors involved etc etc. It has now come to my attention that one of the other tenants has sold some of my belongings left in the house as I was unable to move everything all in one go. Am I correct in thinking the landlady still has a duty of care for my belongings, and this is theft? I have had no contact with the landlady or other tenants aside from through the landladys solicitors. I have also discovered that the landlady has been discussing the matters between us with another tenant, such as her taking me to court (it was threatened but has since been resolved), me owing £2000 (not the case, and has also been resolved), my reason for leaving (bullying by tenant that has sold my belongings), and me breaking the tenancy agreement (not true and has been resolved). Does anyone have any advice on this situation??!!
  14. Hi I'm currently on maternity leave and has to hand my phone into the office - this has meant someone else having my usual mobile phone for the last month! Today as recorded a text looking for me and threatening to report the goods stolen to police if I didn't call him by tomorrow morning. I have actually missed my direct debit this month which I know is my responsibility - payment comes out on 1st every month and this is the first month I have missed it (my last payment is July 2014 so I'm a fair way into my contract). I will probably not be in a position now to bring the payments up to date now until 20th (next Friday) and I have never been behind or missed a dd before with BAYV. I am disturbed however that they can contact the police to say I have stolen goods?!?! Another thing - I moved house a year ago. Was I supposed to inform Them as he mentioned this to my colleague too. Thanks for your help. Just want to get it resolved now but it's also got the added embarrassment of my work now being aware that I am in potential financial difficulties and have people chasing for money.
  15. Can you send a dealer a SAR asking for all information with regards to vehicle you bought from them brand new? Actually in this case the vehicle is a caravan suffering from damp and we want to find out if they carried out a damp test at the previous service in November last year plus we need to know some other information regarding the caravan.
  16. Hi There, I am hoping that someone on the forum can help me. I would like to know if the sale of goods act covers puppies. I have recently bought a male puppy from a breeder that is supposed to be kennel club registered. When I collected my pup the breeder said she would send on the papers to me once they had arrived. I had to email the breeder almost weekly to ask for the papers and when they did arrive they were for a different female dog. I have been in contact again and the breeder has said there are no papers left. I contacted the kennel club to see if they could help but they cannot and they advised me to check out the sale of goods act. I am concerened as the puppy is a staffordshire bull terrier and without the registration papers could be classed under the Breed Specific Legislation law as of the pitbull type. I am running out of patience with this breeder as she has started ignoring my emails to try to clear the matter up. Any advice would be greatly appreciated.
  17. Hello everyone, I was hoping for some advice. I have read a number of threads on this forum relating to the damage of goods/packages by couriers - who universally seem to want to wriggle and writhe out of any responsibility with pretty flimsy excuses. On this occasion, my issue lies squarely with Parcelforce. Let me set the context: About 4 weeks ago I sold a pair of Bose speakers for £80 on ebay. When the buyer received the speakers, there was a big-ish dent on the corner of the box and sure enough after opening the package part of the wooden speaker housing had been cracked and broken. I refunded the buyer and lodged a damaged goods claim with Parcelforce, which they have since denied on the basis that i hadn't packaged the speakers with enough protection - this is where I feel they are looking for an easy way out. To send the speakers I wrapped them individually in 3 layers of bubble wrap and put them both into a single corrugated cardboard box. Additionally, i put in a few extra layers of corrugated cardboard along the edges. They fit really snugly and could not move around at all. I sealed the box with duck tape, and also taped up the corners and all the joins on the cardboard box for extra strength. Finally I wrote "FRAGILE" on the box in big letters with a highlighter. All in all, I was confident that the package was sturdy and well protected from the normal bumps that happen in transit. I was told by parcelforce that bubblewrap was not an adequate protection, although according to their own packaging guidelines, bubblewarp is actually recommended. They also give the following as an excuse: "Parcelforce Worldwide is a bulk carrier shipping over 1 million items per week, much of the sorting process is handled by automated machinery. As such, while ‘Fragile’, ‘Handle With Care’ or ‘This Way Up’ labels will be adhered to by drivers and manual handlers, this will not be of assistance in relation to the machinated sorting processes." Surely whatever way they choose to handle parcels is nothing to do with the customer - a fundamental requirement of the sorting process that it should not cause damage to the parcels. I guess my main question is has anyone else encountered this defence from Parcelforce, and if so - how did you respond to them? Thanks for your time.
  18. Hello there, I am posting this for some advice please. This morning there was a mighty knock at the door and a man built like a brick s*** house was asking for money. After my husband spoke to him (Lucky he was there) we had a chat about what had happened we are behind with our council tax payments, although to be fair i paid them every month via internet banking, as i had already spoken to them about a payment plan. I made a payment on the 26th august for £160 which i have been doing every mth, and it went as normal, however, when we were checking the statements at the end of the next mth (Sept) it showed that the money had come straight back into our account. Now i assumed that there was something maybe wrong on our account we called the council to ask if they had received the payment, and they advised that they had not, and they had now passed the debt to a bailiff and said we needed to speak to them and gave us their number to call. My husband was left with sorting this out as i work funny shifts (12hrs) and was not going to be in to do this. He called the bailiff directly, now after reading this forum i am now aware that we should not have done this but the council lady gave us the number to call. The man then said that he had to come to our house to sort out a payment plan and made an appointment to come around the next week.! i was at work so was not there to deal with the man but Steve showed up and my husband let him in (I know again from reading the forum that this was probably not the best thing to do) they sorted out a payment plan for £25 a week starting from the next week and gave him a letter with the details and what they would take if it all went pear shaped (Which it has). the 1st week hubby went to them directly and paid the 25 and has a receipt 2nd week done via phone 25 (with the dc fee goes to 28) and the 3rd wk 28 again by phone he has however and not to my knowledge missed a week (which after checking turns out to be 2!) He went to see them yesterday to ask if we can pay them monthly as it would be easier as we owed £50 and he only had £30 on him which they refused to take as it was not the full amount. Steve said that he would have to pop to the house again and coud sort something out.# Which brings us back to today Mr Big polish guy said you have missed payments and now it has been passed onto me, Steve has nothing to do with it and you need to pay £500 by Friday or we will come into your house with a locksmith and take your stuff. My husband looks like he is going to have some sort of heart attack and i don't know what to do, i have tried speaking to the council but they will not do anything as it is with the bailiffs and i have read about just paying them directly but the payments will no go as they are bouncing back. How does 50 turn into 500 in 1 day, i know my husband was stupid to miss weeks a nd we have spoken about it but it was a genuine mistake he just completely forgot. I asked him to get all of the paperwork so i can look at it and come on this forum to ask you guys. This is the paperwork i'm so sorry for the length of the post Dated 3-10-13 Notice of seizure of goods and inventory. Amount for which this distress is made Arrears due to authority £611.50 1st attendance fee £0 2nd attendance fee £0 Levy fee to scale schedule £67 Attending with a vehicle with a view to removing £200 !! (he cam in a car) Walking possession fee £11 (Again he came in a car) Close possession fee per day £0 Removal fee / where no sale takes place £22.50 Amount paid £0 URGENT ARREARS NOW DUE £1912 Now i am no Carol Vorderman but doesn't that have to add up ? Letter left today Enforcement action We attended at your property today with a view to removing your goods. You have incurred further costs as a result of the bailiffs attendance. If full payment is not IMMEDIATELY paid to our head office we will re-attend your property with a view to FORCING ENTRY AND REMOVING YOUR GOODS in accordance with the terms of the walking possession agreement. They will attend this Friday at 10 It also says If our bailiff has to re-attend you may incur further costs as a consequence of the re attendance. Please note a locksmith will also be in attendance and you will be responsible for any costs incurred as a result of our bailiff having to force entry and replace locks. Total now due £1837 where has that figure come from ??? Please help, i know what we should have done, however it has been done and i need some guidance please??
  19. hi need advice urgently please, my girlfriend has had bristow and sutor at the door, i told her not to let them in,so she didn't....but her car was on the driveway and they wrote a inventory of goods seized for the car...reg number make and model and tax disc info on the sheet and posted it through the door. now my question is i will pay her overdue council tax by debit card directly on line, where would she then stand with the bailiffs? also could they remove the car before or after payment?
  20. Hi just looking for some advice, a few weeks ago i asked one or two companies in china for a quote on their product "zorb balls" as i was thinking of starting up my own business, i received the quotes and in the end didn't bother buying from them. Today for some strange reason i received a delivery from DHL and when i opened the boxes they had the zorballs in them and are from a company in china that i have never even heard of.. the goods are worth around £3000. i have an invoice from dhl stating i owe them £50.08 for duty and vat. I have no idea what to do.. any advice would be great thanks
  21. Hi I'm looking for some advice over a somewhat complicated issue. My daughter attended a local gymnastics academy and I bought her a club leotard which was needed for a display, she wore the item approximately 6 times for an hour at a time when I noticed stitching on the shoulder seam was faulty, I returned the item to the academy 7 weeks ago and was told at the time that they had issues with other leotards and it was being dealt with by the manufacturer. Since that time my daughter has decided to leave the academy to concentrate on her other sports I contacted the academy today and asked that the leotard was either replaced or a refund issued as the item was faulty and was told that the manufacturer had looked at the item and had decided that we had purposely damaged it and would repair it at the earliest opportunity but the lady who does this is away, when I questioned if the lady had been away for 7 weeks the academy said that it was the academy's fault as they have missed collection by the manufacturer several times. When I asked about the fact that i was told they had problems with other leotards I was told that those issues were with the cuffs and not the shoulders. I have asked that the leotard is returned without repair so that I can get an independent evaluation as we have not purposely damaged the item why would we? At the time the leotard was only 6 weeks old and my daughter was still part of the academy. The lady who runs the academy has not mentioned anything to me about the item until I contacted her this evening. I feel I have given sufficient time for the problem to be rectified but the academy has told me that I only had 14 days to report a problem . what I really need is advice do I have to accept a repair on the leotard on their say so that I have purposely damaged the item or am I within my rights to ask for a refund. They have point blank refused to give me the item back in the faulty/damaged state that I returned it. I really feel that they have painted me as a liar. Sorry if this is a bit long winded and apologies if I have posted in the wrong section but any help or advice you could give me would be highly appreciated Thank you
  22. I bought a bed through Homebase back in May this year. I bought it in the sale reduced from £400 to £170. When I ordered it I was given a date 2 weeks later for delivery. Then they called the day before delivery was due to push delivery back another 2 weeks. When the bed was delivered we put it together and although the mattress was much thinner than the "luxury" mattress we where told it was including it was ok. It lasted 3 days and the top of the bed collapsed, the wheels from the divan had gone through the material, and the head end was lower than the feet. I called them the next morning, and asked for a replacement mentioning the mattress, they agreed to send a whole new bed out, this time it took 4 weeks again for delivery the mattress was much better, and the bed seemed ok. Again it lasted a little while and the side of the bed collapsed. I again called in expressing by now I really wasn't happy and they said they would send a new base out. Leaving us the old mattress. Again however it was a 4 week delivery time. The bed was delivered saturday when I put it together it was ok, first night in it the legs went straight through again. I was working until today so rang them this afternoon. They initially offered me a bed to the value of the presale price so £400 and asked me to look at the replacement to that value, but for compensation they would get a manager to ring me. When the manager rang they said no way the bed was now reduced again from £400 to £130, so they would give us the current price £130 plus compensation of £60 so a total of £190 to spend at homebase. Not even a refund. They now only do 2 divans this one at £130 and a much more expensive bed at £1000. Surely I am entitled to the full purchase price plus the £60 offered as compensation as a refund, or can I not choose a bed from there sister company Argos? Could someone let me know what I am allowed to ask for. Thanks
  23. I purchased a petrol strimmer on 13 August from a catalogue, but it does not work, and I have never been able to use it. I have been told by the catalogue that I cannot return it, and they have referred me to a third party to get it repaired. This is proving to be a long winded process and am getting increasingly frustrated. I thought that if a customer bought a product that is faulty, they could send it back to the catalogue within 6 months. Is this correct?
  24. I wonder if I might pick your brains about a scenario - I ordered something from a large UK online outlet - COCOSA, the item arrived damaged. I filled in a returns request, and they provided me with a freepost address to return the item to. My son took it to the Post Office and got a proof of postage slip featuring the printed name of the company and the postcode it was going back to. The value of the item is £95, and they claim that it hasn't been received and processed at their warehouse, and that without a tracking number they are not obliged to refund. Payment method was credit card funded PayPal payment. Am I covered in any way with that POP slip? I thought that I just had to prove that the item has been returned? If you can provide me with any links to confirm this, that I can quote to them, I will be very grateful.
  25. I have just been informed that the first of three statutory instruments....The Taking of Control of Goods Regulations 2013......which will underpin the Government's package of reforms to bailiff law will be laid in Parliament today. I will post a link later and I will also post further information that I received today. PS: The Taking Control of Goods Regulations will be implemented in April 2014.
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