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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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dashcam faulty after 17 mts, can't be repaired -offered new one at reduced price?


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In May 2015 I purchased a Snooper DVR-3HD dashcam from Amazon sold by Amazon

in October this year it developed power related faults including turning on, battery holding no charge etc

 

I returned it to Snooper via their technical support who recently emailed back saying that although it was out of the 12 month warranty (I'd owned it 1 year 5 months) it was not a model that they stock anymore and that they do not have spares for the device and therefore cannot repair it.

 

They have therefore offered me a newer model the DVR-4HD at a discounted price of £99.99 instead of the regular RRP of £149.99. However I do feel that although this is an upgraded model I feel it is only giving me the option of paying £99.99 for a replacement direct from Snooper and if I don't, then I am stuck with a faulty dashcam which I have paid £139.99 for and lasted only 17 months.

 

Obviously there is the issue under the Sale of Goods act of arguing that goods must be fit for purpose for up to 6 years and I would consider a dashcam of that price to be more towards the higher end of the dashcam market compared to many other cheaper models and therefore expect it to last longer than 17 months before being faulty and then unable to be repaired.

 

The SOGA also says that the claim should be against the retailer (Amazon in this case) but it is Snooper who have dealt with the repair via their technical support and have not exactly told me what the fault was yet. Should I be directing my claim towards Amazon instead and should I be requesting either a replacement or at least a partial refund from them seeing as it can't be repaired?

 

Or is it fair to consider that a £139.99 dashcam can be classed as "dead" after just 17 months (i.e. only expected to last that long), or that £99.99 is a reasonable price to pay for a replacement model which now retails at near enough the same price as the old one when effectively the only main difference between the two is that the new one would be at the start of a new 12 month warranty?

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If they were to make a cash offer then I would accept that you dont get the full amount back,

amortisation of business assets is usually over 5 years

so they should refund 60% of the original cost.

 

the aternative is to replace like with like so do they have anything of a similar spec at the moment?

 

Your contract is with Amazon so tell them that you want a new one,

reconditioned one of similar spec or a refund of £98

- this being the residual value left in an item of this value after 15 months use.

 

You can sue them if they dont agree and with proper reasoning, quoting the relevant legislation and some previous cases you will win using a standard calculation like this one

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  • 3 months later...

I had an issue similar to this, dashcam purchased from Amazon 3rd party seller... Failed after 5 months. Seller tried to fob me off until I complained to Amazon who instructed the seller to repair/replace item... Seller then demands I ship the faulty one to China at my expense (Royal Mail quoted me £43 shipping). I again complained to Amazon about their unreasonable demands and asked that they either arrange for shipping or refund me.

 

Amazon then decided to hide behind their 30 day refund policy and refused to help further... refused to refund me and because I had purchased the item using a gift card I received for Xmas... I was screwed and couldn't even do a charge back.

 

I would never suggest that you purchase another dashcam through a different friend/family account, nor would I suggest that you then return the faulty one as being non working on arrival and get a refund... that would just be wrong. :)

 

BTW... NEVER get a Mini 806 dashcam or anything remotely like them... they're all utter garbage... I would however highly recommend the Nextbase range as reliable and good quality... It's caught some complete and utter idiots on the roads.

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