Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE
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  1. 26th March 2008 22:02 #1
    ab241sg ab241sg is offline
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    Exclamation Distance selling regulations

    Hi all
    Would appreciate some advice here.
    In Febuary i purchased a PS3 for £210, from a internet company called NT Malick trading. To date the PS3 has not arrived so i eventually complained and asked for a refund. They responded saying that they posted the PS3 and was therefor no longer their responsibility, as i had not requested insurance, (which was not offered). I responded by stating that the distance selling regulations say that the parcel is his responsibility until delivered.

    He responded by e-mailing me his terms and conditionsicon, for the first time, claiming that the buyer is responsible for lost post!

    I have e-mailed TS & cosumer direct for clarfication. I am willing to take him to the small claims courts, and am basically on here to get some advice on my next step?

    Thanks
    Kevin

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  2. 26th March 2008 22:06 #2
    Conniff Conniff is online now
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    Default Re: Distance selling regulations

    Your certainly on the right track and doing the right thing.

    Unfortunately for him, his terms and conditionsicon do not overide legislation.

    Mmmm, I have just googled that name and there seems to be a problem with that site not being legit.

    N T M Trading - Page 3 - The Wholesale Forums

    NTM Trading - Corrections, News - Independent.co.uk

    Can you post a link to the website please as it don't show in google.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

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  3. 26th March 2008 22:12 #3
    gyzmo gyzmo is offline
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    Default Re: Distance selling regulations

    And, depending on the terms and conditionsicon, he will more than likely to be purportin to restrict statutory right and committing an offence.

    You are spot on with this one as is Conniff. Keep at them


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  4. 26th March 2008 22:21 #4
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    Default Re: Distance selling regulations

    As Conniff states he is bound by The Consumer Protection (Distance Selling) Regulations 2000. Statute overrides what his terms and conditionsicon may or may not state. Have you just got in touch with TS regarding this matter?

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  5. 26th March 2008 22:46 #5
    davethorp davethorp is offline
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    Default Re: Distance selling regulations

    Looks from reading the links posted earlier in this thread that you've fallen fowl of a [problem] site. There was recently a feature on BBC Watchdog (this week) on this topic so you could always get in touch with them

    All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

    17/10/2006 Recieve claim against me from lloyds TSB for £312.82
    18/10/06 S.A.R - (Subject Access Request) sent
    03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges
    15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice
    29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go
    19/06/07 Letter from court stating Lloyds have made a cheque payment to court
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  6. 27th March 2008 18:34 #6
    ab241sg ab241sg is offline
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    Default Re: Distance selling regulations

    There was no web address. I got in contact through a full page ad in Auto express. However in his reply Michael said he was setting up a website for 27 march, if this helps.

    I will be raising a small claims action, so will let you know how this progresses.

    Kevin

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE