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kjaye

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  1. Thanks guys. Yes as dx100uk says it is Very, they are a huge online sales company (and I think own Littlewoods and maybe Curry's too?) I'm guessing there is no finance company but rather them direct. BTW dx100uk yes they did ring today, on a Sunday! It's really weird as it seems that some departments of Very are trying to help me get it sorted but then the returns department is point blank refusing to take it. I will definitely try and see if they have a finance division then and contact them. I'm sure they don't have a legal leg to stand on once a member of staff has said I can return it and then sells me a much more expensive model to replace it with? I mean if they were in the wrong to authorise a return they were equally wrong to sell me a replacement so I presume it is my legal right to return the replacement as it was an illegal sale conducted under false terms and conditions...
  2. Hi BazzaS, Thanks for the reply. It was purchased on By Now Pay Later (12 months) I haven't actually paid for the computer yet. I contact them within 24 hours by their email accounts query although they didn't respond after three attempts I rang the number it said to ring to discuss returns on that product. The guy on the phone told me I could return it providing I deleted all personal details, user names, passwords etc. He then told me I would be contacted within 2 hours by somebody to arrange a collection. Nobody called me back the following day I rang again and spoke with a woman. She explained that their computer system that processed returns was down and that is why nobody had contacted me. I discussed it with her and she said I could return it via the collect + route provided I had the RMA labels still that came with the item. I did so attached them to the box and returned via the local collect + partner store. In the same phone call I also told the woman there was a better (£1600) model from Zoostorm that I would like to exchange it for that was currently on offer on their website at a 10% discount provided you bought on 12 months BNPL. She told me she could set this up for me over the phone I agreed to purchase this computer and later then day returned the old other one. Fast forward 3 weeks and some local neighbours turn up at my house with the old computer. It had been returned although to the wrong address. I live in a Flat 2 Lindley and they returned to a Flat 2 Kingsley Manor which is an entirely different house across the road from me. If they hadn't have brought it over I wouldn't even know it had been returned. I mentioned the consumer rights act to them today on the phone the guy said there was nothing he could do and he would escalate to head office. No I haven't recorded any phone calls. Do I need to get in touch with any organisation or ombudsman at this point, or just wait until I hear from their head office? To make things even more annoying the guy today told me that because I ordered the second computer over the phone the 10% discount does not apply as it was to online orders only. I explained that the Very seller told me she could create the order online for me but he basically just said it was tough luck. I now have two bones of complaints, to enforce return of the first computer, and get the £150 discount applied to to the second computer I ordered. I have to say I am appalled by their customer service at this point. Surely if a member of their staff incorrectly does something then that is THEIR problem not mine.??
  3. I got a call from their complaints team today. He said unfortunately there is nothing he can do as their guarantee states non refundable. He said he has escalated it to head office but it might take 6 to 8 weeks to get a decision, and even then he doesn't think they will change their mind. This seems utterly bizarre to me. They have already authorized the return previously AND sold me a replacement so I don't possibly see how a small claims court will find in their favour given that they previously said I could return it. I was wondering about contacting them and telling them that I don't want their computer in my house and that my providing storage of it due to their refusal to collect will incur a £2 daily charge. If I tell them over the phone and then write to them via recorded delivery I don't see how my storage charge is any less lawful than their home approval guarantee once they have told me I can return something. Then if it goes to a small claims dispute in 12 months time I will request payment of my storage fees, that they have been clearly made aware of, and by refusing to collect, have consented to.
  4. Hi guys, Just trying to get a quick heads up as to where I stand legally on this situation with online retailer Very. at the beginning of June I purchased a HP Omen desktop pc for £1200 along with a 32 inch HP Omen monitor. The computer was a reasonable specification, not the top end, but the advert implied that the computer could be easily upgrade, the exact wording was as follows; 'This gaming PC can evolve with you too – with tool-less access to the hardware, you can crank up your gaming power by customising the specification when the time comes.' I understood this to mean that upgrading the computer later on would be easy decided to purchase. Unfortunately when the computer arrived I saw that this wasn't the case. The layout was unlike any other pc I have owned with a cage/chassis mounted onto the graphics card and the other components, optical drives, hard drive connectors etc all connected to this mount. The memory banks were directly under the mount too so even something as simple as adding more memory would require the complete disassembly and removal of the mount, the unattaching of all fans, drives, processor etc that were connected to the mount and the removal of the graphics card afterwards, then reassembly of all components, connectors, mounts etc afterwards. This is far beyond what I would consider an easily upgradeable system. I contacted Very and asked to exchange it on the grounds that it wasn't as advertised. The person I spoke to was very helpful and apologetic, telling me to return the computer via the free Collect+ service then he sold me a much more expensive model, with a bigger, plug and play style casing that is indeed easily upgradeable. I received this computer 3 weeks ago and am very happy with it. It cost £1600 and I've already paid £400 off of it. three weeks later I have had the original machine returned to me (at my expense) on the grounds that it's not actually returnable unless faulty. I now have TWO computers. I have called them multiple times each time they are very helpful and tell me they will sort it. Then they ring their returns department who tell them, no I cannot return it, even though one of their member of staff authorised me to do so AND sold me another computer. I am wanting to know what my legal rights are in this situation? They have are telling me I now have to have BOTH computers because their employee was at fault in authorising a return. Surely this is their problem not mine? And if she shouldn't have authorised the return, then surely selling me a replacement under those conditions is wrong as well so that would void their returns policy in selling me a replacement. I've been trying to resolve this for the past week and have reached an impasse. I would think in this circumstance I can legally demand they return one of the computers as the error was theirs not mine, and they certainly shouldnt be able to enforce the purchase of both systems, totalling £2700??
  5. Thanks for the feedback guys. I've spoken with a benefits support advisor who helps people with appeals and he has advised me to apply for PIP. I didn't think I'd qualify for it as I don't regard myself as disabled but he is confident that I do have a strong case. I have attended a tribunal in the past, transferring from income support to ESA and the judges were very sympathetic and understanding to me. They had actually already awarded in my favour before I turned up for the case although I didn't know and still attended. I'm confident that if I took it as far as a tribunal again I would win, but I fully expect to have my initial application and reconsiderations rejected, such is the nature of these things!
  6. Hi there, I'm writing hoping somebody here can help advise me on my current situation. Up until July 2016 I was claiming working tax credit and qualified for the disability element, having only to work over 16 hours a week. This is because I transferred onto working tax credits from ESA. I had had a long period of worklessness due to poor health following extensive cancer treatments. I have had radiotherapy, chemotherapy and a bone marrow transplant, and the toxicity of the drugs have left me with permanent chronic conditions. My lung capacity is now below 50% as I have pulmonary fibrosis. My hormones and immune systems have been compromised, I have testosterone injections every 10 weeks and take thyroid medication and due to my lung disease am prone to respiratory infections. It's believed I might have suffered some damage to my heart as well, as it's highly elavated, over 100 bpm average, which they think might be due to radiotherapy in that area, and because my lung capacity is so slow. It was recognised that I have a reduced functional capactiy, i,e, I am able to work part time but unable to work an 8 hour day or 5 day week on a permanent basis without risk of negatively affecting me health. However in July this year I moved in with my girlfriend, who with an annual salary of around £34,000 took us well over the threshold for tax credit eligibility. As we were now living as a couple I contact tax credits to tell them, and signed off. However at the beginning of December my girlfriend and I split up. I have moved back to my own town of Torquay to be close to my work. I have just moved in to a new property on 21st December. However I have been told my tax credits that I will not be eligible for the disability element any more as I am not in receipt of ESA, PIP or DLA. I explained to them that I was previously on tax credits with the disability element, and that I came via ESA but they said it had to be current and my previous claim is irrelevant. They told me I need to get ESA or PIP to requalify. I now don't know what to do. My work have been brilliant and have given me extra hours so I can work 30 hours and qualify for tax credits under the 30 hour rule. However my contract is for only 18.75 hours and these extra hours are for six months only, at which point the service in which I work is closing and we are being put into redeployment, when I will go back to 18.75 hours again. Obviously knowing I am entitled to the disability element I want to make sure that I get it back again so I am ready for the hours drop in August 2017 . I am also concerned about the long term effects these extra hours might have on me in terms of tiredness, malaise and reduced immunity. Does anyone know how I go about appealing this? Tax credits said I cannot claim for it without being on ESA or PIP. I cannot apply for ESA as I have a job and have no intention of giving it up. I don't see how I can apply for PIP as I do not have any mobility problems, but rather a reduced functional capactity. I have the support of both my doctor and the consultant hemotologist at the hospital who treated me and have previously won a tribunal when they stopped my benefits whilst transferring me from income support to ESA . I don't have any real concerns about winning another tribunal as all my conditions are provable, permanent and degenerative I just don't know what I will need to apply for and appeal against? My current thinking is to apply for tax credits as a healthy person doing 30 hours for now as I need to get the money coming in, then apply for PIP and appeal that rejection as far as a tribunal. But if someone else has any experience of this it would be very helpful. My last appeals process took a year and I don't want to have to go through all that again!
  7. Thanks for the replies guys. I have spoke to my citizens advice today over the phone and they have advised me that I should definitely appeal. Yes, it does seem like I went into this interview in a bit of a gullible state, but I was feeling really posiitve at the time having just had an interview for a volunteer position and feeling physically well for the first time in a long time. I told the interviewer that I had started exercising and eating healthily, that I had joined a chess club and was about to start to volunteer and that my goal was definitely to try and build up tp paid work. I did a little reading before and thought that peple were complaining about being put into the WRAG group, which actually was what I wanted to be put into as I thought help with getting back to work would be awesome, but it seems that the whole thing is a bit of a sham. Still, there is no point moping about it or letting it get me down. I will appeal, as I think it's totally unreasonable to expect someone with my health conditions, after 13 years unemployment to just go and find a job on 3 weeks notice but I won't let it derail the progress I am making. Seeing citizens advice tomorrow to begin the appeal, now I know there is support out there I feel much better.
  8. Hey guys, I'd really appreciate some advice regarding my recent Atos assessment rejection. Brief backstory. I'm 38 years old, had Hodgkin's Disease in 1999. I survived the cancer and after a bone marrow transplant was put into complete remission. I had extensive treatment however and and my lungs were severely damaged, (just below 50% capacity), my thyroid was damaged, I have fibromyalgia and suffer chronic fatigue and a weakened immunity. I have been signed off work permanently since 1999. For years after I suffered with chronic fatigue, severe depression and social isolation which really restricted me from doing anything. However, fast forward to the past 12 months. I have changed my diet, started gentle exercising, which I have now been able to build up to 4 days a week and I feel that my health and wellbeing have massively increased. My confidence has risen and I've started to feel like I want to get back out and do something with my life again. I have just recently been accepted for volunteer work with my local health authority and was excited that this could be a way to gently get myself back into the experience of working, and if I am able to cope back into paid part time work. I communicated this enthusiastically at the Atos medical as I had heard about the WRAG group and the back to work schemes they are supposed to offer. I told them that I felt well enough to be put onto such a scheme and would love to receive some support and assistance in getting back to work. However this week I received a letter telling me I did not meet the criteria for Employment and Support Allowance and that all my benefits are being stopped on October 21st. They regard me as fully fit for work and told me to claim jobseekers allowance. I really don't know what to do now. I am actually in agreement with them that I'd like to try and work part time and am taking the steps towards that with volunteer work. Now I feel like I've had the rug pulled out from under me. It sounds like I either have to go onto job seekers and look for full time work, which I absolutely don't feel I am ready to do, or else appeal and get my claim reassessed as unable to work, a criteria which I don't believe is true for me, as I believe I can, and indeed want to work part time. I know I can appeal and will continue to get paid pending a decision, but it seems like I am going to lose about £30 a week regardless, money which I absolutely cannot afford to lose. I would really welcome some advice from others in this similar situation, where you feel able to work part time, and indeed welcome the opportunity, but due to severe lung damage, fibromyalgia and fatigue just couldn't cope with supporting myself fully. I have twice previously attempted a computer degree since my cancer diagnosis, and despite doing very well on the course had to give up within a couple months both times due to the accumulated exhaustion. I have only found out about this decision this week and so am in a lot of confusion obviously which is making it worse. The way I had understood it, the WRAG component of the new benefit scheme was specifically geared towards people such as myself so I'm kind of stumped as to why I wasn't put in that group. I did explain fully in my interview with Atos that I wanted to try and work and was looking forward to being given support to this end, but that the accumulation of working is likely to cause me serious fatigue and that I need to build up gradually as my weakened immunity is a problem. Maybe I was naive but I genuinely felt the interviewer was on my side and that this was about helping me get back to work, something that I was enthusiastic about, but in fact they have just cut all my benefits completely with no help and support whatsoever. And to find out I will be losing £30 a week from Oct 21 even if I appeal is really troubling to me. I don't want to present myself as unable to do anything, and am keen to start this volunteer work and was hoping from there to build myself up to start part time work and see how I am able to cope physically from there. After 13 years of unemployment, and many years of illness and depression I am woefully unequipped to just jump straight back into work and it seems rather cruel to just cut off all my benefits the moment I tell them I am starting to feel better and want help in getting back to work. I just feel this might end up setting me back, rather than helping me in any way. I hope some knowledgable people on here can advise me as to my next steps.
  9. I'm still getting hassled on a daily basis by a debt company called CCM who telephone me literally every day over this. I have sent the student loans company two letters from my doctor confirming my permanent inability to work and have been basically telling CCM to take me to court or stop bothering me. Today a particularly rude woman who I ended up putting the phone down on said if I go to court I will lose, and will have to pay court costs, and have my benefits taken and a load of other crap. I've not had contact with the student loans company themselves for over a year now and they are saying (through ccm) that they never received the second letter and want a third. I have told them to contact my doctor directly but they say they can't do this and want to bother him yet again for a third letter. Can I just make them stop? Of if I do just completely ignore them now and they do take me to court what will happen there? My doctor would obviously confirm my inability to work and the fact that he has provided two letters so are their threats empty?
  10. Hey Locotus, actually I agree the forum staff have been very helpful, one of the tech staff, Emma, has switched my profile and my speeds have gone up to approximately what I was getting with Tiscali, so if it stays that way I shall be happy. I will attempt to solve all problems via their forum in future and avoid the customer service like the plague, thanks for all your advice and help mate, hopefully the problems are resolved now, as long as the service runs well and I don't suffer from slow speeds like I have the past couple weeks then I'm pretty content.
  11. Yeah that sounds fair I guess. The inconvenience is significant however. I mean for me my broadband is my only form of entertainment, as I don't even have a television, I use my internet account for tv and basically everything, so speed is paramount and I would happily pay a premium to ensure I got the fast speeds I wanted. Joining Be for example would mean about an extra £20 a month cost but to me it's worth it to have a fast 10mb plus download available whenever I want it. So in that sense as they have denied me the possibility of joining an ISP whose extra speed I really desire I feel they have cost me a great deal. In the end if they can boost my speeds to 600/700k plus on a 24/7 basis as with my Tiscali account I will stay with them I guess. But anything less than 500 is just unacceptable to me and as I'm now forced to them until I manually deactivate my phone I think they have cost me quite a bit. I will work out a letter to send them, and at the very least I will complain about their salesman, because he needs to be disciplined for spinning such yarns imo, and to prevent him from doing it to others. On the forum you mentioned it seems such customer discontent for exactly that reason is rife.
  12. Thanks Locotus, I see what you mean. I've looked at the Ofcom guidlines and I believe miss-selling is what it comes under. I would really like to complain about the salesman. He offered me his name and told I could quote him on the following details: 1) I could simply migrate back to my existing Tiscali account at any time within the first 30 days of my Talk Talk Pro account becoming active. 2) The Talk Talk Pro package does not have any traffic shaping, restrictions of bandwidth or even a fair usage policy at all. 3) I would be guaranteed a speed greater than the 800k I got from Tiscali by at least another 200k. It is my experience now that not a single one of these statements is true, and I believe that 'incompetence' is a poor excuse. It seems clear to me that he deliberately misled me in order to make the sale and as I have the phonecall recorded I think this should be investigated. Do you agree? Even if it doesn't benefit me I don't think they should be allowed to get away with falsifying information in that way to coerce people into entering into contracts. The failure to cancel the order is a seperate issue of course but I intend to complain about both. This has really caused me considerable stress over the past few weeks and the loss of my internet connection for a month or so will massively inconvenience me. I would be tempted to remain with them just to avoid all of this hassle but I think it only fair that I am compensated if I decide to do this. Again, I ask if you agree, and if so what you feel would be a fair amount to ask for? Thanks again for your friendly advice mate.
  13. Thanks Locotus, that's very helpful mate. I don't understand the bit about the dongle? What does that mean exactlly, can they continue to provide with broadband by a usb dongle whilst my line is cut off? I telephoned BT about going back to them and he told me that Talk Talk could do a reversed migration and just reconvert me, although the Ofcom guy told me he had never heard of that and wasn't sure if that was possible. As I've said from the outset, what I want is a standard telephone line again so i can go to the ISP of my choice, and no interrupted service in the meantime, or else compensation if that is forced upon me. Thanks for the tips I appreciate you taking the time to offer help.
  14. # Have you ever dealt with a Talk Talk Salesman? These people don't take no for an answer. They telephoned three times to get me to change from Tiscali and when I said I wasn't interested the salesman, a Dan Bridgeman told me to record the details of the call so I could quote him back on saying that the line would be guaranteed unrestricted with at least 10mb download 24/7 and that I would have the option to migrate back to Tiscali with no questions asked if i wasn't satisfied. After him on the phone for about an hour I said yes mainly get rid of him, plus he made it sound like it was a no lose deal. Of course when I checked it out I realised it was all lies of course, and helpfully he never mentioned the fact they were going to unbundle my line. I cancelled within 48 hours. I think the salescall was bordering on illegal and am complaining about him personally, and the non cancellation was most likely deliberate. I certainly feel like I've been 'slammed' and the Ofcom guy told me I was so I intend to complain and don't expect leaving to cost me a penny.
  15. Thanks Locotus, I hadn't seen that actually. I have been in touch with Ofcom and the guy I spoke to told me that this process of signing customers up against their will is known as 'flamming', and that I should be able to force Talk Talk to pay to have me reconnected to BT as I don't wish to be in a contract with BT and maybe demand some compensation. I will follow up on his advice and keep you all informed as to what happens.
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