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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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    • 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.

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Shady Dealings by Currys


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My wife bought an Acer PC from Currys and because it had an hdmi display port had to buy a TV to use with it. The salesman attempted to sell her an insurance/service contract with it which she refused. He then said he would give a COMPLIMENTARY months cover on a contract in case she had any problems connecting the two, by the way I am an IT professional hence the original declining of a contract.

 

The item was paid for via a credit card and the amount verified by PIN was correct. A month later a charge of £6-50 appeared on her credit card which it transpires is for payment for insurance/service plan. Referring back to the now fading thermal receipt issued at the time there is an entry headed "Monthly Card Mandate" for £6-50. Above this are other entries of a debit followed by a credit for Customer Support Agreement. She never entered into any form of agreement with Currys and did not expect to find entries regarding "Monthly Card Mandates" on what was expected to be just a receipt for purchase of equipment and for which the total verified by PIN agreed with the purchase price of the equipment.

 

Is this all totally legal? After an agreement has been refused and then a complimentary month offered is it right to expect to be tricked into further payments in this wat without any from of signed documents covering the agreement?

 

All thought welcomed. :-x

Edited by Andyorch
paras
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there is a card mandate/direct debit form to sign. if your wife didnt sign this and they dont have the paperwork to prove it, then yes this is against the law.

if she did sign it,even without reading it, if its her signature on the paperwork, its dodgy but legal.

as a former sales advisor i used to get told to use the phrase "can you sign here for the use of your card".

hated doing it, got my bluff called a few times and got out of sales asap.

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Firstly,

your wife should contact her card company and cancel any future payments, otherwise the same amount will be taken every month, forever.

 

Secondly, cast your mind back to the purchase and see if you can remember signing the form.

If it was signed, then, as a previous poster said, it is legal, even if you didn't read it.

 

For the amount involved, it wouldn't really be practical to take it to court I don't think.

However, what I would do is go to the branch, ask for a manager, and explain what's happened.

 

Trust me, you are DEFINITELY NOT the first person in this situation.

Keep calm, talk to the manager on the his level, don't go ranting and raving, tell them you "feel let down", and you've "always trusted Currys", and that it's "left a bad taste" and you "feel like not shopping here any more".

 

Play it right, blow smoke at him a little, make him feel important, and although you probably won't get your money back, he will quite likely offer you some small gift or incentive, or a percentage off a future purchase "to restore your faith in the company".

 

Play it right and you will walk away with something of more value than the £6.50 you have been charged.

Go in there shouting and talking legal and they will probably just show you your wife's signature on the form and give you the middle finger.

 

Your choice... Best of luck.

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  • 2 months later...

It's free for the first month, then you have to cancel. I always take, especially when taking things home in case of accidental damage on the trip or getting it in the house. Then I cancel it a few days later. I'm covered for the month and then it doesn't renew the next. Simples.

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