Jump to content

FairWorldCitizen

Registered Users

Change your profile picture
  • Posts

    38
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. Yes I have printed the documents to be sent by post as particulars. And yes, I did re-read and modified so "explanation" disappeared. Thanks so much again for your attentive help. I'll post an update when there's one.
  2. You're right BF. I have been a claimant once (in 2013), at that time I used the Citizens Advice and perhaps I should do the same because the issue is different. Still if it helps: - I ordered online on their website www.porcelainsuperstore.co.uk - I advised PS the very same day the builder received the items and took photographs to let me know. Since then, I have contacted then many times by email and phone, they acknowledged the issue but never come back to me. That's the reason I decided to issue a letter before court claim.
  3. Dear members, Due to a dispute with a company called Porcelain Superstore, I would need to check the following in order to submit a money claim online properly. The problem happened after I purchased a set of tiles from their online shop www.porcelainsuperstore.co.uk (£3255.84). While the tiles are described as "Grey" on their online product page, my wife & I received Brown tiles. After contacting them and sent the picture taken by our builder (who spotted the problem when he received the tiles), Porcelain Superstore accepted to refund. Then I purchased a different set of tiles from them again. Porcelain Superstore missed the collection date that they had communicated, which costed me an additional £140 of labor (as our builder had to place the faulty tiles on a pallet ready for collection on the day, and then again). From there, Porcelain Superstore became particularly unpleasant. At the end, the collection of the faulty tiles happened. However, Porcelain Superstore refunded the tiles LESS an arbitrary fee for the return. Both Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges) define that the seller must not charge anything when the goods are faulty. These people behaved awfully without the least consideration and I won't accept they simply decide not to pay. I want to claim the arbitrary fee. My questions are as follows: 1) Question 1 In the claim form, do I only refer to: - Consumer Rights Act 2015 (http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted) - Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: (http://www.legislation.gov.uk/uksi/2013/3134/contents/made) or should I cite the elements of each act that support my claim? 2) Question 2 I have sent a "Letter before court claim" by 1st class mail, and a PDF copy of it by email. Is there anything more I am supposed to do before submitting the claim? Thank you in advance.
  4. Good afternoon, I'm terribly sorry but I missed to provide feedback on the "case". After complaining to Eurostar in January and Febrary 2017, Eurostar denied being responsible for the missed departure. This was even if my sister was present at the checkin desk as per the ticket's T&Cs. There is in France a public dispute resolution bureau which accepts to handle this type of consumer claim. However, they charge a standard fee for all claims. We presented a complaint to the Eurostar "médiateur" which did not accept the claim (as you would expect) and said Eurostar does not warn passengers. On this basis we presented the complaint to the European "National Enforcement Body", with details of the ticket's T&C and the experienced issue. They advised that the transport company must meet the obligation to notify passengers of the problems going on with the transport management. In other words, problems happenings at border and causing delays in checkins or departures must be notified to the passengers (text, email) so that they can adjust in consequence. This is based on Rail passenger Rights - Regulation (EC) No 1371/2007 sections Delays and cancellations and Security, complaints andservicequality Financially speaking this means a 50% compensation must be paid for the delay, plus a refund. On this basis, a court claim was presented for the above payments and was settled by Eurostar. "Know your rights".
  5. Good evening, For once I will submit a question instead of advising, as I am really not sure what I should do. My sister visited for Christmas, she purchased a Eurostar return ticket from Paris to London. The return journey wasn't brilliant... Eurostar advises to reach the London station at least 30 minutes before the departure time. On 26 Dec, she arrived around 45 minutes in advance (because buses to London were slower than usual due to city traffic), just to find an immense queue at the checkin. Time went by and when she reached the checkin desk, the operator said that it was too late to board the train! The only "solution" they offered to cross the channel was to purchase another ticket for a next train. While she had purchased the return ticket for around 75 EUR, she now had to pay an additional 150 EUR! The operator said she didn't have a cancellation or change option on the ticket. I find this insane. She has sent a long complaint, as by experience Eurostar deals rather well with customer problems (back to 2009, I was in 3 trains, the first time the train got burnt; the second time the tunnel got flooded; the third and last one, I stayed stucked in the tunnel for 3 hours). They have replied that the delay was due to additional passport and luggage controls. They have directly processed a refund of the first ticket price. Still from my perspective: - she suffered a delay of several hours; - on top of this, the delay costed her 75 EUR; Eurostar also said that they didn't communicate with customers (text, email) although they were aware of the delay, because... this isn't what they normally do. Any advice on how to pinpoints evidence against regulations or enforcement bodies' guidelines? I believe in a fair world she should not only have suffered any financial loss, but also should get compensation for the delay. However, a total refund of the second ticket will still be better than having to pay 75 EUR! Any advice? Thanks in advance.
  6. A note on two of the original questions ("so we can then make full payment and clear the CCJ or is it pointless" and "and we just look for a landlord who will take us regardless of the credit check"): If you intend to apply for a renting agreement, a loan, a mortgage etc or even apply for a service contract, you will find worth paying the debt. I would suggest you inform the creditor by writing. That done you will apply for a satisfaction certificate - I think it is 15 GBP. If you take this path you will have paid for the cost of the claim only (60 probably?). The CCJ will remain logged on your credit files but: 1) this CCJ will show as satisfied 2) your certificate can be reasonably shown to any company doing the credit check - for a renting agreement you generally have a section to declare any credit item to be aware of. It does not guarantee that your application is successful but would look clear enough for many agencies/landlords.
  7. Bunsen: I will respond from my professional (design of mortgage applications in a well known bank in UK) and personal experiences (CCJs as a creditor). Any mortgage or lending application is most likely to be denied as CCJ appear in the report from any credit history house. However, you could 1) mention the CCJ at application time, 2) pay the debt and 3) present a certificate of satisfaction. The certificate can be obtained after payment of the debt at the county court where the case was registered or transferred to. Leaving credit checks aside, the 4 years old CCJ is still recoverable by the DCA anytime.
  8. Thompson will, obviously, reject all compensation requests. They reject obvious claims made the day after a flight so.... You have done your homework and found the information on the (updated) EU regulation, now you should follow a standard procedure. Send a request for information to the UK CAA (they will transmit to another country if needed), include the issue concisely and precisely. Start sending a formal letter stating that as per your records you are still awaiting a compensation as per EU regulation. Include all flight, passenger details, details of incident etc, and past correspondence. Include a copy of the regulation which includes the 6 years terms, or a copy of the money savings expert page. Send a "letter before court claim" - you have examples on the forum. (at this point they won't have paid anything) Now, because your flight is dated back to 2007, you would choose between making the claim yourself or giving the case to a specialised lawyer. A specialised one will take probably 30% of the compensation but is likely to win the claim. Also, depending on the amount claimed, Thompson would consider settling the claim before it goes to court formally. The lesser the amount, the higher your chances. Good luck.
  9. To set aside a judgment, you need enough grounds for it. Not only there is a cost, but there is law as well as a UK system which is very busy. Worth mentioning that (contrary to what is often believed on this forum and others) having a judgment set aside doesn't mean it disappears.... it goes back to the initial stage and you will probably have to attend the hearing. You should at least return the forms demonstrating that you are self employed. The fee that the creditor has paid however would be added to the debt I believe (you should check with the court).
  10. Good to know that you got them. They have no right to treat people the way they do. And I like when people give the output back on the help thread. It helps others so much.
  11. That's a buyer choice to buy or not, but the purchase needs to be done based on a full description of the car. If the car has a particular condition, it is supposed to be highlighted if the owner knows it. So, faults need to be disclosed, and up to buyer to decide. Now, the fact that owners tend to forget about known faults is obvious.... (not saying that for you, Sheffix, I don't know) Secondly, and it's the most important, the thing becomes quite different if this problem was making the car unroadworthy at the time of purchase. Indeed, it's up to the owner to ensure that the car is roadworthy, not to the buyer. What exactly is the "engine light" in this case?
  12. Obtaining these fees back is probably very disconnected from the initial case. You would have reasonable chances of getting the judgment set aside IF: 1) all court forms were sent to an address other than a last known address (i.e. if the claimant has communicated an address with was indeed an address you have been living in recently, this condition isn't met). Also, if the claimant has tried to contact you, then this condition isn't met. 2) there is a ground for having the court reconsidering its decision. This obviously depends on the matter and you would need to convince the court. If a judgment by default has been obtained, it means the claimant has provided the information and the law has applied (the law is very simple for private sales). I think you should clarify what "he was not happy with the car" meant. What was the matter?
  13. As it's a private sell, the car is sold as seen. HOWEVER: 1) issues should appear in the car description and issues must have been described by the seller. If the car was advertised on a website for example, this issue must be within the online description. 2) the light should not cause an MOT test to fail. Otherwise, if the car becomes unroadworthy (by means of a real MOT test, or by a pre-MOT service with a report), then the seller will be able to cancel the sale or claim the amount for the repair.
  14. As for any similar situation, you should monitor the debtor's circunstances to keep an eye on its financial situation. Even if your debtor has the profile of someone who would not bother, or perhaps not immediately, there is always a way to recover your money. Some will say it is a low debt, some will say that when the debtor doesn't seem wealthy 200 is easier to recover than 2000. Remember that you got your judgment recently. Even if it is generally better to move to enforcement within the next months after the judgement, you have 6 years to start enforcement steps. You might notice a change of situation in the debtor in 2 years and then be able to action one of the enforcement options. Right now it is pointless to apply for an AEO as it won't be accepted for someone on employment benefits. It doesn't mean that the debtor will not get a job later. A third party debt order can also be considered if you know that the debtor is likely to receive money. You can obtain the latest address / check residency of someone by using a tracing service.
×
×
  • Create New...