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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Another faulty electrical item :-( ***Resolved***


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sadly a lot has to do with what the manufacturer request the retailer does with a faulty item.

 

its unfair on the customer to be without their item, especially after only a few months

but the manufacturer does have the right to inspect, repair or replace.

 

the retailer not only has a contract with the customer, it has one with the manufacturer too.

 

if the retailer sends back a faulty item that the manufacturer deems as having been misused, they will generally charge the retailer for this.

 

its a shame but a lot more manufacturers are optioning their right to inspect electrical items and choosing whether to repair or replace.

 

a store manager COULD override the purchase date and issue a return and replacement but its down to their discretion.

 

if the instore till procedure on their eclipse system says it has to be returned to manufacturer for repair,

 

they'll generally do it unless you want to spend more than the original purchase price!

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that's against soga and very unfair to the customer

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i agree its unfair on the customer but how is it against SOGA for a manufacturer to request an inspection of the faulty goods and deciding whether to repair or replace after 28 days of purchase?

 

surely the retailer has the right to make sure said good havent been mistreat in anyway?

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Oliver, the goods (in this instance) can easily be verified as faulty by anyone with eyes and a pair of hands. Apart from this annoying untimely scratch on the screen there is also no visible evidence of mishandling the device. Any reputable dealer could easily tell whether this is the result of mishandling or a failing component.

 

This is actually where the manager kind of tripped me up yesterday and I lost my argument slightly, I'm not sure he was or you are correct here because it says on this link here-

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

 

I'm not sure how to interpret that but it sounds a bit to me like an impossible task, or a moot point since everything is sold on the assumption that it has been tested thoroughly and does not appear faulty and the only way any fault or failing component would come to light would be through the customer using it. So on that basis, would it therefore be logical to presume that the item was not of satisfactory quality in the first place, if it was to develop any fault within 4 months (say), and that is a reasonable argument for a replacement or refund?

 

My bank is just across the road from the PC World so I'll go in again and give them a second chance to cooperate with me before I go there, can do no harm and this time I'll know exactly what I am talking about.

 

This is unacceptable, I need this camera for my business and they have a duty to provide me with a camera at all times I'd say at least up to 1 year. They also rent cameras out there so they can refurbish this one and use it for that.

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From post No.19, PC World have had the opportunity to inspect the product, they chose to do nothing, the manager gets paid to manage customer issues, why not get rid of the manager and just have the terminal manage the stores, as he is simply following what the terminal is telling him to do.

 

'They were about as unhelpful and cooperative as we all expected, so I basically told the manager that I'd be claiming a chargeback through VISA and taking my custom elsewhere from now on.'

i agree its unfair on the customer but how is it against SOGA for a manufacturer to request an inspection of the faulty goods and deciding whether to repair or replace after 28 days of purchase?

 

surely the retailer has the right to make sure said good havent been mistreat in anyway?

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They didn't choose to do nothing though, they offered to repair it. They chose to do nothing to resolve the problem of me being without a camera that I paid good money for for the duration of the repair though.

 

First thing the guy at the desk wanted see was the receipt. Actually that was the only thing he wanted to look at before suggesting it was sent off for repair. The manager didn't ask to look at it either, I volunteered and demonstrated the problem to him, but he didn't touch it. Like I say I'll go in and try one more time.

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SOGA states that it should last a reasonable period, 1 year is not a reasonable period considering how much the camera cost. Visit them again, from your earlier research it sounds like a design fault, as the fault occurs across a range of cameras, so could be inherent, from the point of manufacture.

 

Oliver, the goods (in this instance) can easily be verified as faulty by anyone with eyes and a pair of hands. Apart from this annoying untimely scratch on the screen there is also no visible evidence of mishandling the device. Any reputable dealer could easily tell whether this is the result of mishandling or a failing component.

 

This is actually where the manager kind of tripped me up yesterday and I lost my argument slightly, I'm not sure he was or you are correct here because it says on this link here-

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

 

 

I'm not sure how to interpret that but it sounds a bit to me like an impossible task, or a moot point since everything is sold on the assumption that it has been tested thoroughly and does not appear faulty and the only way any fault or failing component would come to light would be through the customer using it. So on that basis, would it therefore be logical to presume that the item was not of satisfactory quality in the first place, if it was to develop any fault within 4 months (say), and that is a reasonable argument for a replacement or refund?

 

My bank is just across the road from the PC World so I'll go in again and give them a second chance to cooperate with me before I go there, can do no harm and this time I'll know exactly what I am talking about.

 

This is unacceptable, I need this camera for my business and they have a duty to provide me with a camera at all times I'd say at least up to 1 year. They also rent cameras out there so they can refurbish this one and use it for that.

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So they didn't want to look at it (so they did nothing), they could have checked the camera and replaced it. It's bizzare when they sold you it, I bet they couldn't wait to show you what it could do.

 

They didn't choose to do nothing though, they offered to repair it. They chose to do nothing to resolve the problem of me being without a camera that I paid good money for for the duration of the repair though.

 

First thing the guy at the desk wanted see was the receipt. Actually that was the only thing he wanted to look at before suggesting it was sent off for repair. The manager didn't ask to look at it either, I volunteered and demonstrated the problem to him, but he didn't touch it. Like I say I'll go in and try one more time.

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reb I want to kiss you! (or buy you a beer if you're a bloke)

 

Went back in not really expecting much cooperation again, spoke to the guy on the desk and showed him the camera and waited until he started setting things up for repair. How long? No that's not acceptable. Went away to get the manager and was talking to him for ages, thought I was going to get fobbed off again... but after some waiting he returns with a brand new replacement.

 

So I upgraded it to the next model up and got a better camera, problem solved!

 

Thanks again CAG you are invaluable, I'll maybe paypal over a small donation of appreciation later as you have been such a great help to me over the years and I've never given anything in return.

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Will do as soon as I can get paypal to work, a small token of appreciation and good value for money!

 

Anyone else who is in a similar position stand up for your consumer rights! If you don't get somewhere, try going back in another day and use your powers of persuasion, you never know. Worked for me today anyway, saved myself a load of hassle/paperwork/waiting etc..

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great that it got resolved for you. did you pay anything else to upgrade or was it the same price?

 

its odd but in the 8 years or so i've worked for dixons i've met maybe 2 managers that were all about 'whats right for the customer at the time'.

the rest were all yes-men/women who didnt want to cause any ripples and have regional management on their backs.

 

good on ya

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I must say that some of the advice on here is very unfair.

 

Assuming retailers, in this case pc world, don't have he right to choose what to do despite soga stating that this is the case.

 

Some are very quick to suggest chargeback, when no agreements have been breached, totally unfair.

 

I'm glad the op has had a resolution, and it's nice to see common sense prevail, but talk about jumping the gun.

 

Rebel, I hope that this encounter might have some effect on your negative view on some retailers and you might actually give credit where it is due.

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hello its your fanclub rebel

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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these ARE consumer forums. retailers are regarded somewhat as the enemy.

 

recently attended a training course with netgear and the percentage of returns they get which are actually faulty is around 3% apparently.

been reading these forums for a long time and its very rare to see anyone defend the retailers rights under the sale of goods act.

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Customers don't need PC World, Dixons etc. They can shop from a variety of retail outlets. Retailers should be doing everything to keep customers coming back to make further purchases. One of those things is when things go wrong with products, 'it's not out problem', 'we can't do this', 'I can't do this' etc, just doesn't stack up. Nobody taking ownership of the problem, nobody using common sense nobody wanting to resolve the issue. As long as you can justify your actions, then it is a poor senior manager that doesn't realise that it will benefit the business. More money is spent on sales training, then on customer service, essentially profits before customer service.

 

Products are more reliable then ever, so even if every faulty product was replaced instore once checked by store staff, the product either works or it doesn't, there would be no issues. The faulty product could then be repaired and resold as 'refurbished' or sent back to the manufacturer for credit.

 

 

 

great that it got resolved for you. did you pay anything else to upgrade or was it the same price?

 

its odd but in the 8 years or so i've worked for dixons i've met maybe 2 managers that were all about 'whats right for the customer at the time'.

the rest were all yes-men/women who didnt want to cause any ripples and have regional management on their backs.

 

good on ya

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Yep, credit to the manager for using common sense, but it is an exception, managers are paid to make a decision, I'd like to see more common sense. SOGA states a retailer can 'repair, replace and refund', well, what's the point if the retailer doesn't use common sense and plumbs for repair everytime because the retailers computer system has that as the only option.

 

Chargeback is suggested in regards to various factors.

 

I must say that some of the advice on here is very unfair.

 

Assuming retailers, in this case pc world, don't have he right to choose what to do despite soga stating that this is the case.

 

Some are very quick to suggest chargeback, when no agreements have been breached, totally unfair.

 

I'm glad the op has had a resolution, and it's nice to see common sense prevail, but talk about jumping the gun.

 

Rebel, I hope that this encounter might have some effect on your negative view on some retailers and you might actually give credit where it is due.

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We see retailers as our friends, they see us as their friends.:-)

 

these ARE consumer forums. retailers are regarded somewhat as the enemy.

 

recently attended a training course with netgear and the percentage of returns they get which are actually faulty is around 3% apparently.

been reading these forums for a long time and its very rare to see anyone defend the retailers rights under the sale of goods act.

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Customers don't need PC World, Dixons etc. They can shop from a variety of retail outlets. Retailers should be doing everything to keep customers coming back to make further purchases. One of those things is when things go wrong with products, 'it's not out problem', 'we can't do this', 'I can't do this' etc, just doesn't stack up. Nobody taking ownership of the problem, nobody using common sense nobody wanting to resolve the issue. As long as you can justify your actions, then it is a poor senior manager that doesn't realise that it will benefit the business. More money is spent on sales training, then on customer service, essentially profits before customer service.

 

Products are more reliable then ever, so even if every faulty product was replaced instore once checked by store staff, the product either works or it doesn't, there would be no issues. The faulty product could then be repaired and resold as 'refurbished' or sent back to the manufacturer for credit.

 

In an ideal world, but that's not how it works in the real world. Plus, you also have the people would abuse any policy like to get exchanges on items they have broken or don't want any more....

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i disagree that products are more reliable than ever. stuff is built to a price and more so regarded as disposable after a year or two.

so it still puzzles me when manufacturers want to repair the product!

either way, thats the contract the retailer has with the manufacturer, so at store level the staff have to respect that. especailly in a retailer like dixons which has over 400 stores.

yes a manager can make a decision and override the system but they will then have to justify it up the managerial ladder and suffer the consequences if the faulty items turns out to be say neglected or misused or in some cases, not actually faulty and down to user error.

this results in store being charged for the item at cost price, affecting the profit and loss report for that store.

dixons stores are run on very tight margins. there is around 3-8% margin on laptops.

and to give you an idea of turnaround, the average range change for laptops is every 13 weeks.

after this time, new models are phased in, older models phased out. there can be a good 6-8 weeks crossover time tho.

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