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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • 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
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • 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.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Some shopping tips for the sales to protect yourself!


gyzmo
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As the sales are getting underway, many will be on the hunt for a good bargain in the sales. However, excess alcohol, blood divertion from brain to stomach (damn those sprouts...) or whatever may cause some to go for a bargain that isn't one at all..... so here's a few pointers (some obvious, some not so) to help

 

0. NEVER TRUST A REDUCED PRICE

 

The old rules, where a sale was only a sale if the higher price was available for 28 days or more etc etc is now gone. Instead, it has been replaced with the requirements in the CPUT regs. Basically, they are so wooly in their meaning and so difficult to enforce that shops can get away with whatever they want to, nearly. What you should do is look at the price it is selling for and make your decision on that alone. Ignore any higher price. Unfortunately, many traders are taking full advantage of the new regs and making a killing from it. For example, one famous seller of cheap sports gear has huge sale signs saying everything reduced. Reduced, that ism from the RRP and not from their normal sale price. Same stores lso say "ask for 20% off if not already discounted", making one think that one will get 20% off the asking price. You won't.

 

1. Know what you want before buying it.

If you are buying something specific, make sure you know what it is you want. For example, will a TV fit in a corner? Will that shelf hold the weight of the stereo you want to buy? Is your aunty really a size 10 (for that dress she keeps looking at)? Will it do what you want it to do? Have you shopped round for the best prices? Remember that the law does not protect you from a bad bargain - if there is nothing wrong with the item then you can only rely on the sellers goodwill policy (no fuss returns etc). A little bit of research first of can save money, time and stress later.

 

2. Pressure, pressure pressure.....

No, not tyre pumps, but tactics used by some sales staff. Though now prohibited under unfair practice directive, it does still happen. "Offer available today only" and the likes should set off warning bells. Don't be forced into buying something if you have not had a chance to check elsewhere. Any reputable seller will allow you to come back and take their offer. If you have done some research you should have a good idea of what you want, thereby limiting any chance of pressure tactics working on you. Always remember that YOU are in control and can leave at any time - you are under no obligation to buy anything!

 

3. If it ain't in writing....

Remember that although something said to you may induce you to buying something, you will have a hard time proving a verbal statement. If you are told something (be it a timeframe for delivery, the opportunity to get a refund if not liked, etc), ask for it to be written on a receipt and signed by the seller. If they do not want to do that, then treat what they say with a hefty dose of salt.

 

4. If it is in writing....

READ it and ask to take away a copy. It's boring, yes, but you are bound by documents that you sign (but note unfair terms etc that are automatically unenforceable). Not reading something is not an excuse. And if you are told something which is attractive, as for it to be pointed out (see above). Make sure you question anything you do not understand. Again, a responsible seller will be happy for you to come back later after having had time to examine documents and should gladly explain the main provisions.

 

5. Beware rogue traders...

I would like to include the majority of high street retailers here but never mind. Watch out for mock auctions, shops that suddenly pop up but are closing down already, street traders and mobile markets. Mock auctions are illegal but loopholes still make it possible for them to happen. You will not get fantastic Wii for a fiver, nor a plasma TV for fifty quid - you will get a bag of sh**e - and don't expect a refund or even think of asking for one unless you like hospital food. As for the others mentioned, they may be selling fake gear (which is illegal and the goods are often dangerous or of very poor quality), but even if not, you will have difficulty in trying to enforce your rights. More than likely, the seller will have disappeared soon after you have bought the item. There is one that opens in the same place in Manchester every year - flogging watches with a supposed value of £300 for £25. Yeah right.

 

6. Your rights

You still have the same right in sales as you do with anything else. If there is something wrong with an item on sale and the price has been reduced becasue of it, then this must be pointed out. Remember to keep receipts (and I usually put the price sticker on the back of the receipt as well) as prrof of purchase. It is not the only proof, but it is the best one. Watch out for signs that try to restrcit your statutory rights (e.g, no refunds, credit will only be given on refunds etc) - these are illegal. Although they have no effect in law, you might want to consider whether a shop that has them is really somewhere you want to buy from.

 

7. Extra protection..

Not talking condoms here...but do use plastic if you can. Credit cards provide protection on high values purchases, and if things go wrong you can take issue with the credit card company. Remembe that you alos have action against a creditor as well as the supplier for goods bught on loan etc. Also remember that shopping online allows an automatic "any reason" cancellation (with some exceptions) period for you to examinethe goods. Make sure you buy from reputable sellers and always read terms given before buying the item as well as the information sent to you afterwards.

 

8. If things do go wrong...

Act quickly. The time will determine whether you can get a refund depending on the circumstances. Once you have "accepted" goods, you will generally be entitled to a repair, replacement or (partial) refund in that order, and it is down to the seller to choose one that is proportionate and of minimum inconvenience to you. It is also for the seller to prove that the problem did not exist at the time of sale within the first six months- NOT for you to prove that it did.

When complaining, be calm, polite but firm. Remember that your contract is with the seller and it is for them to sort it, so do not be fobbed off by being told the manufacturer needs to sort it. If you do not get any luck in store, write to the company (more information on this available all over this site).

Also report the matter to Consumer Direct. They will provide information on what to do. They will also record the details, and if it is found taht there is a widescale problem with a seller, Trading Standards can take action against them as a whole.

 

So there you go. Happy hunting and happy new year. And if anyone knows of someone in Manchester who does REALLY cheap driving lesson (and I am talking cheap here - nearly free in fact!) then do drop me a note - I desparately need to pass test to get my dream job but am totally brassic!

Edited by gyzmo
New point added (0 - couldnt be bothered renumbering), addition to point 5
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Re paying by credit card. Not a lot of people realise that it's the 'credit' bit that is governed by the law. Consumer Credit Act '74 S25 makes the credit grantor liable alongside the seller. So ANY credit deal is covered. That means a debit card as well if you have an overdraft (and a store card) It's your right. Don't let the bank fob you off.

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  • 2 years later...

Great article!

 

It's interesting that people sometimes seem to accept things like faulty sale goods because they were reduced anyway, and not do anything about it.

 

People still have consumer rights under Distance Selling Regulations and the Sale of Goods act if they shop in a sale

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Great article!

 

It's interesting that people sometimes seem to accept things like faulty sale goods because they were reduced anyway, and not do anything about it.

 

People still have consumer rights under Distance Selling Regulations and the Sale of Goods act if they shop in a sale

 

Common consumers are more concerned with the flash and surface of what they see. :) It's easy to concentrate on the big "REDUCED" sign over everything, and think about how much of a great deal it is while ignoring the fact that the price is still higher than you could get elsewhere. Fact is, most consumers don't research what they want to buy... They see a display sign in a store, ponder it, and then choose to buy that specific model unless a salesperson convinces them otherwise. I'm guilty of this, too! I bought a lot of baby clothes for my grandchildren without looking around. I just walked into a store, saw that they were for sale, bought a few, and then realized I could have gotten the same clothes in the store down the road for a few pounds cheaper... Not smart.

 

The worst is in the grocers, though... Reduced signs are NOT to be trusted. At least not with vegetables, fruits, and meats. It is so rare to actually get something that is still good to eat and then you're left with bits and pieces that you paid money for that maybe could have better been spent in something else. Making money off of "faulty" goods, as you described it.

 

Good opinion to keep with you: Anything with a reduced or quick sale sign should be treated with suspicion until proven genuine and safe. That's what I do now.

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