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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Another 'New for old' actually meaning Expensive for Cheap


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Hi all. A month ago I was burgled, they popped a downstairs window out and took the TV, Laptop, Wife's handbag and purse.

 

After insurance co. (Chruchill) doing nothing for 3 weeks I finally got out of them after 3 or 4 phone calls wondering why that they needed a list of what had been stolen and proof of purchase. I wrote a letter expressing my dissatisfaction (why not tell me sooner? We've been squinting at a borrowed 14" tv for a month) I enclosed everything they asked for.

 

Today I was called by Empire Direct who offered me a Daewoo tv. My original Tv was a little known brand called H&B whom EmpireDirects people hadn't heard of. I went into Empiredirect when I was looking for a TV and didn't like the stuff they sold, so went for this H&B one for £921 (when at the time in August 05 I could have bought an X Brand tv from Empire, Asda, anywhere, for £500). I wanted the best 32" I could get under £1000 as the wife didn't want anything bigger, and I wanted Hi Def (which was still new).

 

H&B : Just because you need is the TV I had (hope it blows up on the thieving pikey **** who nicked it).

 

For Empire/Churchill to first offer me Daewoo (which I rejected) then LG (again, another budget brand, rejected) then Toshiba - the cheapest model of their range at £470 (I think the others were at £400 and £450) is extracting the urine.

 

I think the one they are offering is this one:

 

Toshiba 32C3030DB Ctv Lcd 32" 16:9 Freeview W Table-Top S | EmpireDirect.co.uk Electrical Appliances

 

I didn't buy a budget TV - I bought one I liked the look of and that did all the various bits I wanted when I hooked it up to a computer via the DVI socket. I realize that technology catches up and all TVs are high def now but for them to offer a TV of half the value then claim that it's not a budget television (Don't get me started on what I think of EmpireDirect - I didn't like them when I went into their shop so had half made up my mind to not buy there and go elsewhere anyway) is I think, rubbish.

 

I'm expecting the same treatment from the laptop people.

 

My initial reaction is to take the £470 settlement figure, wait for the one from the laptop, make sure the claim is fully settled then find another insurance company, that will exchange value for value or at least not make me feel like I've been robbed twice.

 

Is there anything else I can do? Maybe find a Television from Empire Direct I'm happy with and ask for that instead? I think what made it worse was EmpireDirects sales guy offering the most rubbish television going, then the next one. At first he said he knew nothing about my brand of TV, asked me loads of questions, then later claimed mine was a budget brand! When I challenged him about his sudden new found knowledge he mumbled that his manager had sold them and worked in the business for a long time.

 

This whole experience has been bad. Getting burgled is bad enough. Churchills shoddy treatment and insulting settlement offer makes me feel worse. Working hard to buy nice stuff, getting burgled and getting crap stuff in return sounds like I've done something wrong in a former life.

 

Anyone have any advice? Or should I just bend over and take this?

 

Thanks, Paul.

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Just done a quick tot up. The burglary has left me £1500 (£1000 to secure windows so they can't be accessed the same way, £500 loss on the tv) out of pocket so far with the claim (and doubtless loss) on the laptop still to come.

 

I can't afford not to change insurance companies after all this is sorted out. They have the reciepts and proof of purchase and pay only half value - at that rate another burglary will leave the house contents more or less worthless unless I dig into my pocket again. Can anyone suggest a better insurance company? Dealing with Churchill has been bad so far, not something I ever want to repeat.

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They have the reciepts and proof of purchase and pay only half value

 

With respect to the value - an insurance policy provides indemnity against loss for an insured event and is there to put you back in the position you were in before the loss occurred. Unfortunately this can sometimes be complicated a bit if the original item is no longer available. If this is the case you are entitled to have the closest equivalent to the one you lost.

 

Just because you paid £xxx amount for it XX years ago does not mean you are entitled to the cash amount you originally paid.

 

Churchill dont exactly seem to be helping you much but then Empiredirect are probably as much to blame in this mess up in replacement tv's as I suspect you will find it is they who are suggesting the models you have been offered.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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Thanks for the reply - agreed. Everything I have suggested with regards the spec of the TV has had the customer service people put me on hold, ring Empire Direct and then come back with some argument that my television was inferior and that somehow these budget brands are better, even though the guy from Empire spent 5 minutes asking about the spec/type of my tv then later claimed to be some sort of expert and that mine was a budget brand. I wonder how someone who'd bought a Sony or Bose branded item would feel if in 2 years they were offered a Daewoo, LG, or the bottom of the range Toshiba item.

 

What's worse is that because they are only offering what Empire sell, in this case a cheap black plastic TV, or refund the cost of a cheap black plastic TV (£477.75) I am going to have go out and spend extra to get the specification/look of television I want that goes with the furniture/decor of the room. Hardly 'like for like'. Their argument is that the specification of the LCD panel is the same or better. Well in that case they might as well give me a loose lcd panel in a cardboard box because it's of the same spec.

 

I need to read their terms and conditions in the policy document. To me specification means everything listed as a feature, the techincal specification, the aesthetics (otherwise we would all buy the same looking tv), everything that comes with it, the warranty and so on.

 

I didn't buy a rubbish television (at the time more expensive than a 42" plasma) but I'm being offered one as recompense.

 

I guess the bottom line when dealing with Churchill Insurance is this: buy the cheapest, nastiest looking items you can, because that's all they'll be replaced with regardless of how much you spent!

 

Not letting this one go. Expecting a similar fight with the laptop. Again, £800 worth 2 year ago, technology will have moved on so I can't expect like for like, but I dare say they'll be offering me a calculator or abacus with flashing lights on it if the TV claim is anything to go by...

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Oh, and I referred the website of H&B to a lady from Empire Direct when I rang, and even she admitted that my TV looked far more expensive than the ones they sold and they wouldn't be able to come up with an alternative, suggesting that I told Churchill that and maybe I could find one of similar spec/look if I scoured around. Churchill weren't having any of it with a 'like it or lump it' attitude, the customer service robots (sorry to refer to them as that, but after half a dozen phone calls getting nowhere that's what they sound like) all quote 'like for like spec'.

 

My TV had large detachable 'DolbyDigital 3D Effect' speakers on the side, a brushed aluminium bezel, s video socket and DVI socket, which I use for plugging into with the Geforce card on the computer. The replacements don't have those and I mentioned that, only to be treated with a head in the sand 'replace like for like spec' reply and rather smug 'thanks for calling Churchill' tacked on the end.

 

I need to aim higher I think. Ground level seems to have a brick wall in the way...

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Just one question - are you able to source your original TV via another supplier?

 

Have been reading up about your TV on AV Forums - Search Results

 

Dont mean to offend but your tv was generally considered to be at budget model end of the market 2 years ago when £1000 was considered the norm for a cheapish LCD. LCD TV's have come on in 'leaps and bounds' over the last 2 years and i would not be surprised to see a £500 model better than your previous one.

 

The only place i have seen your TV listed is on Ebuyer at H & B High Quality HDTV 32" LCD TV With Aluminium Finish + Detachable Speakers

But it looks like they have been out of stock for a while. Try phoning/emailing them to find out.

 

If you want excellent advice on LCD tv's to replace your own then i would certainly recommend you ask some questions on the AVForums website as they really know their stuff.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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Agreed it was at the lower end of the scale - but only for Hi def TVs - normal definition LCDs were at or around 4-500 and plasmas were in the 800 region.

 

To be honest the spec of the panel isn't the issue - they only come from 4 factories as far as I know so it's the driver that makes all the difference. What is the issue is that the TVs offered look cheap because they are cheap. My wife picked that TV because she liked the look of it, and won't want to put something cheap, plastic and with a rubbish name in the living room (e.g. Dae Who?) I'd rather put my hand in my pocket (again) and get something decent.

 

The biggest issue I have is that I could have bought a £500 budget tv and

had it replaced with the tv they are offering and been satisfied. I paid £920 and am being offered the same tv as if I'd bought the ****e one to start with. If you bought a Sony for a grand and were offered a Daewoo for £500 in 2 years time after it's stolen would you be happy? It's not just the panel that's different - it's the look, the build quality, the warrnaty, everything about the TV that you're paying for in the first place, and not getting with the replacement. I own a Rolex watch, a couple of Tags and a Tissot. The way things are going with Churchill, if I were robbed I'd expect them to offer a couple of Timex watches or 20 quid, nothing like the 5-6 grand value shelled out when they were bought.

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Why not use the Ebuyer page to show Churchill it costs £699 to replace your tv and request a cash settlement so that you may choose a replacement at your leisure and from a supplier of your choice?

 

As I said before do some research yourself into alternatives as you will find it pays dividends in the end.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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  • 3 weeks later...

An update on this.

 

I sent a 4 page letter detailing why I thought I was entitled to more compensation, including listing the tv I lost on Amazon (in America, not avail here now). It's listed at just short of $1900 over there (and I've looked - you just can't buy aluminium fronted tvs anywhere now - they're all plastic, so I guess that's why they are pricey?).

 

Got a phone call today (I left it with them, didn't ring, didn't make any other contact) and they are settling my claim in full, with an apology for the messing about I've had to put up with (not to mention the squint from staring at a 14" portable the last 2 months). I'm not smug about it in any way, just relieved, and feel, finally, that I've got a little bit of justice. Bad enough to get burgled, worse to find out you'll only get half what you paid for the goods.

 

So I've had full pay out (or slightly higher) on the laptop (£800) wife's handbag/purse/cash (claimed £70 got £90) the window to be repaired/replaced and the tv (paying out £947, todays exchange rate for a replacement from America). Thank you Churchill, for (finally!) helping me instead of making life harder! (I would have had to stump up at least £500 of my own money for a decent telly on top of what they offered. Now, I should be ok).

 

I guess it pays to stand your ground, and don't take no for answer unless there is no other option, and be polite (where you can - easy to lose your rag when they told me 'like it or lump it' several times over the phone), and do your homework about the Financial Ombudsman Service. I'm just glad that (hopefully) everything is being settled, I can stay with Churchill and that life can get back to normal.

 

With a bigger tv than the portable thing in the corner...

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Well done -- I'm pleased you got what you wanted in the end, just a shame you had to wait so long!!!!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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