Jump to content


  • Tweets

  • Posts

    • 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Do Velux black-out blinds have a design flaw?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1600 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The cord on my Velux blackout blind wore through plastic runners of the blinds. The problem only became apparent after 4-5 years when the cord frayed on the sharp edges and jammed the blind.

 

Velux are saying I'm out of the 3-year warranty (the blind is about 5 years old). I'm saying that the blind was never fit for purpose as the plastic has clearly worn gradually from the time the blind was installed.

 

As well as opinions on whether I have a case, I'd be interested if people could check any blackout blinds they have for similar issues. It's a bit tricky to see as you have to look from the outside of the window!

 

The attached photo shows the two cords (one damaged) emerging from the end of the aluminium strip that runs across the bottom of the blind material. The worn groove can clearly be seen where the cord used to run. At the other end of the strip, the plastic wore all the way through and the cord snagged and broke on the aluminium.

 

It would have been a relatively cheap and easy repair if the problem had been spotted before the plastic wore all the way through, so worth a look if you have a Velux blind. A replacement is going to cost me £120 - they're not cheap!

 

veluxWorn.jpeg

Link to post
Share on other sites

There's nothing like being blessed with a good attachment!

 

:-)))

 

And having it officially approved :-D

 

(sorry for the hijack Steve)

 

Will take a look at pics now.

I have fitted loads of velux windows and have not come across probs with the blind mechanism as yet.

Link to post
Share on other sites

It looks to me as if the sheathing has come away completely on one of the cords. This would only happen if something sharp was rubbing against it every time it was used. Once the sheathing has come away then that is when the inner cable will do the damage shown in the pic.

It's either a fault within the area where the cables run which can't be seen or something has been damaged during installation.

 

Either way it would be hard to prove whether it was manufacturing fault or installation problem.

I think you'll have a fight on your hands but it's certainly worth going to the retailer first and see what they have to say. As you say they are not cheap to replace.

What size is the window BTW?

Link to post
Share on other sites

freakyleaky,

 

Well observed. But the sheathing came away as a *result* of the failure of the plastic.

 

There are two cords either side of the blind. They cross over from one side of the blind to the other by passing through the lenght of the aluminium strip. This photo is of the hole where one cord enters and the other exits.

 

The undamaged cord to the left goes through the groove you can see. The damaged cord (on the right) went through a groove on the other end.

 

At the other end, the groove was worn all the way through the plastic. At this point (it seems) the plastic or aluminium damaged the cord. The blind stopped working when the cord was damaged because the outer sheath puckered up and got jammed in the groove.

 

rebel1, while I believe I got the blind from Velux direct, does the manufacturer then not have responsibility if the supplier cannot be proven or has gone bust? (There is probably a receipt somewhere in the Jurassic layer of my receipts box.)

Link to post
Share on other sites

If the Retailer has gone bust, then the manufacturer is the next port of call.

 

'rebel1, while I believe I got the blind from Velux direct, does the manufacturer then not have responsibility if the supplier cannot be proven or has gone bust? (There is probably a receipt somewhere in the Jurassic layer of my receipts box.)'

Link to post
Share on other sites

There must have been a sharp edge somewhere on the plastic to start with then.

As I've said I think it will be hard to prove one way or the other as to fitting or manufacturing fault but don't give up.

How big is the window?

Link to post
Share on other sites

The window is about 0.8m by 1.2m (a GGL 3). My theory is to why the problem is not so widespread is that 1) the blind is an accessible blind in a bedroom so is used daily 2) the blind is large so there is more force and friction when raising and lowering it and 3) the window faces directly south so the plastic will get warm (which will perhaps soften it).

 

A picture of the other side shows a hint of the slightly jagged plastic that was exposed when the plastic broke:

 

 

veluxWorn2.jpg

 

PS It doesn't show up well because the image has been shrunk. Basically the plastic snapped just above the string. This exposed a sharp edge on which the string frayed.

 

It did occur to me that the design *requires* a degree of friction. It's friction that prevents the blind from automatically winding itself closed.

Edited by Steve__M
Link to post
Share on other sites

Can't see new pics yet but I suspect the reasons you give may have something to do with the problem.

I still think there must have been an underlying hidden fault somewhere to cause the damage.

 

It may be worth perusing as long as you don't mind the stress of the chase but I wouldn't hold my breath.

On the other hand you could put it down to bad experience and buy a new one off ebay for around £40.:-)

Link to post
Share on other sites

I'm going to play it slow. The blind works without the cords - though without the cords it always rolls shut. I had to attach a bit of string and a hook so it can be held closed.

 

I've had a hint on another website that someone else has had a similar problem. Hopefully someone will google this thread and I'll get another report I also fitted the same blind for a friend at about the same time, so I'll have a look at his next time I visit. If I find a couple of examples I'll be in a stronger position to argue.

 

I don't think an insurance claim would wash - I'm too honest! Besides, it's the principle I'm more concerned about. The b***ing wood around the glass split a few years back and they were quoting me £1400 for a replacement (because it's an older model that they don't support so they'd have had to replace the lot including frame and flashing). Thankfully I managed to hold it together with about 20 screws into the wood, but I'm not impressed by them when I've plenty of experience of buying brand new replacement bits for windows twice its age. So they owe me I think.

Link to post
Share on other sites

Dear All,

See my words below for my woes of Velux blinds!! Originally started via the link below:

Link via h t t p : / / zebbakes.com/2011/06/21/how-to-uninstall-a-velux-black-out-blind/

 

22/4/12: One of the grey plastic cord guides on the cartridge ends has broken from a groove being carved into it over time from the cord, which then frayed and broke!. The cords also seems to be attached into a black plastic plate that fits on the end of the cartridge, and having taken it all apart we cannot workout how to disengage it.

We have taken lots of photos and now plan to e-mail them to Velux followed by phone call. It would be good to be able to show you but I can’t see how to do it?

I am hoping they have the spare parts we need otherwise it means a whole new blind – not cheap.

 

10/6/12: Velux were most unhelpful – surprise, surprise. They wouldn’t supply the expensive parts free as the blind was more than 3 years old, despite the fact that I am sure the cords frayed and failed due to a design fault. Just waiting for the other blind in the same room to go the same way!

Due to the expense of the parts we opted to buy a complete new blind but not from Velux direct as – guess what – they were more expensive. Also opted for a plain colour so that it is easier to match to when the other goes and we have to replace that one too.

Life has a habit of sucking money out of my bank account!

Just been reading through the posts again. I have the replacements parts info (with part numbers) from Velux if anyone is interested + photos of how my cords frayed and the groove that formed on the ends the bottom edge of the blind.

2012-04-22_11-23-15_501.jpg

2012-04-22_10-44-33_691.jpg

2012-04-22_10-44-01_117.jpg

2012-04-22_11-22-30_517.jpg

2012-04-22_10-44-25_117.jpg

Link to post
Share on other sites

Dear All,

In my previous post I attached 5 pictures which are pending approval. In this post I have attached a pair of Velux parts diagram. No help of course as they still cost far too much to repair the thing and ended up buying a new blind! Grrr :-x

Velux blinds parts numbers 1.gif

Velux blinds parts numbers 2.gif

Edited by TJToms
Link to post
Share on other sites

If you get any joy out of Velux let me know! They point blank denied any responsibility that the blind design was defect.

I think there is a definite flaw causing the cord to fray and leading to expensive replacement parts or a whole new blind. Neither option was very acceptable but I needed the blind quick as it was in my daughters bedroom so opted for the new one. Didn't order from Velux though - can get genuine Velux much cheaper on other sites!

Link to post
Share on other sites

just checked our blackout blind no wear yet

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Link to post
Share on other sites

IF you are chasing you have to look at the options the retailer is liable for, this would be the cheapest out of the following: Repair / Replacement / Partial Refund for them. It might be clear its an inherent design fault, but what is a reasonable lifespan for these blinds, how often have they been used? Have you hit the fair wear and tear point? Remember SOGA protects retailers too, not just consumers.

 

If its 5 years old and you take the 6 year statute of limitation timescale your looking at a £20 partial refund which could lawfully be offered, I would also say that its pushing that timescale and would really have to lean on some gesture of goodwill to get beyond that.

 

rebel1, while I believe I got the blind from Velux direct, does the manufacturer then not have responsibility if the supplier cannot be proven or has gone bust? (There is probably a receipt somewhere in the Jurassic layer of my receipts box.)

The manufacturer is not liable at all in this case, only the retailer. If they have gone bust, if you can't prove proof of purchase (i.e show that a contract exists) then there is nothing the manufacturer is required to do, they are only bound by the warranty they provide.

 

I think you may end up hitting your head against a brick wall, or at least paying more out in recorded delivery and postage costs then you would be entitled to back, unless you find a kind, generous person that receives your letters.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

I think that based on the useful comments above, the two points against me are that I may not find the receipt (so I cannot be sure I am claiming against the correct company) and that the age of the blinds may mean I get back less than I layout in effort and cost.

 

So in short, the legal avenue looks troublesome for me.

 

My opinion remains though that a £120 blind should last much longer than 3 years, so my plan is to find other examples of similar damage so that I see whether I can disprove Velux's claim that the problem doesn't happen much/that it is due to an installation fault etc.. I have a friend who has the same blind, so will check it when I next visit. And Google may work its magic over the weeks to bring people to this thread! At this point I will write again to Velux.

 

I'll keep the thread updated as and when.

Link to post
Share on other sites

I have found this thread through the magic of google!

 

I have a bedroom with two large south facing GGL410 windows. I originally installed blackout blinds on both windows around 2000. So far, I have had three (pr possibly four) failures due to this problem. The most recent were in June 2008 and a few days ago.

 

It is obvious that plastic is an unsuitable material for the cord guides and that they should be made of metal or at least have metal inserts. I was googling to see if they had been redesigned yet before purchasing yet another blind. I'm happy for you to use this information to complain to Velux.

Link to post
Share on other sites

Hi Robert, thanks for that. If the failure was a few days ago then I suggest you contact Velux and give them an opportunity to inspect the installation. That is what they said they would have done to mine if I had not had to cut the cords in order to get the blind open.

 

They also said to me that noone else had ever reported this problem...

 

If you could get a photo up that would be great. Not sure whether new posters can post photos though - it used to be that you had to have made 5 posts. Though you could put them up on something like Flickr and post a link.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...