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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 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? 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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tcd v rbs - late offer dilemma


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Hi All,

 

Some expert (and otherwise) advice will be gratefully received as I have reached a crossroads. This is my first post and I'll try to be brief...

 

I have a claim against RBS (for around £1,800 + OD interest) that started in April with the usual request for a refund which quickly led to a standard letter offering around £400.

 

I wrote with a LBA and to refuse the payment as full and final, but accepted as part settlement. The response this time was a blank refusal by RBS and their 'final word' (but I got the £400).

 

Rather carelessly I was sidetracked and didn't carry out my threat but instead wrote again two weeks ago reiterating my position and giving a further (final) 14 days.

 

I received a reply today (deadline day) with an offer of around £1,100. This is not far short of the charges total and I'm tempted to accept and avoid more time consuming hassle. However, they have imposed conditions that are unreasonable (i.e. all future charges must stand).

 

The one thing I did which was silly was claim interest from the start using the incorrect spreadsheet form (the 8% one was the only one I found back in April). However, I did change tack recently and asked only for the charges with the threat of this interest to be added in court.

 

I see I have four options:

 

1. Sign the form, take the cash (because I need it) and accept their conditions.

 

2. Accept the cash only on the basis that future charge be in accordance with the law - and in effect offer them more time to refuse/wriggle.

 

3. Hold out for the £1,403 and start the court process (because I can't extend their deadline another day longer than I have to).

 

4. Go for broke and present a more accurate claim for interest charges too - perhaps using the more recently available spreadsheet - but actually risk getting in a legal pickle.

 

What would you do?

 

Many thanks in advance

 

tcd

 

 

PS. £1,100 is a lot of money to me and I can't risk losing it. However, there is a principle here and I want to win. Is that additional £300 worth going after? Or could the bank see my case as weakened by my mistake and have a go?

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Guest BlueRuby

PS. £1,100 is a lot of money to me and I can't risk losing it. However, there is a principle here and I want to win. Is that additional £300 worth going after? Or could the bank see my case as weakened by my mistake and have a go?

 

First thing to say here is that you won't lose the money ;)

£300 is quite a lot of money and would obviously be very useful to you. It's your money and in my opinion you should go for it :) I think you could correct your initial mistake at the MCOL stage by filling in the more recent spreadsheet and using those figures in your claim. I don't think you'll get in a 'legal pickle' at this stage ;) Oh and don't give the bank even an extra day. You've already given them more than enough time. You'll get full settlement eventually and there will be no need to agree to any conditions the bank may make (they'll probably want confidentiality - don't agree.)

Good luck and let us know how you get on :)

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I second that ;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Many thanks indeed.

 

I'll refuse the offer on their terms and request full payment with OD interest and send a new spreadsheet printout with the more accurate figures.

 

I gather I am also being advised to begin the court process at the same time (as the deadline has passed). Is this right?

 

Thanks

 

tcd

 

PS. What a great resource this is!

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Guest BlueRuby

I assume the bank said the offer of around £1100 was in 'full and final settlement' ? In which case, they are not prepared to yield any further. You've asked nicely at least 3 times ;) - I'd start filing your claim now :). You could, if you really wanted to, write to the bank rejecting the offer and telling them you have started court proceedings but I wouldn't bother asking again. When you've filed your claim, send the spreadsheet with the correct figures (!) to the Northampton court (I'm assuming you're going to do the claim online?) with a covering letter and your claim no. Best of luck :)

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Thanks, yes it was in full and final, but they said that when I was offered the £400!

 

I think I'll start proceedings but write back one last time with more accurate interest figures. At least then they'll have a copy. I assume if I get lucky and they settle I can always withdraw my court claim (but lose the fee).

 

tcd

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