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

Refund Request;Did Carpetright just riped me off?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2493 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

Hello

 

Today I needed to cancel order on floor panels that had value of around £2000

there was nothing wrong with them, well beside the fact I found similar quality panels for half of the price so it was obvious I would need to cancel my order with Carpetright as I'm not made of money just like most of the population.

 

I went to the store with my order confirmation where I paid for the panels with cash(the panels were supposed to be delivered next week)

I told the manager of the store I wish to cancel my order and that's where all of it starts.

 

I've been told that I can cancel but I will be charged 20-25% of the order value which added to over £400 just for the cancellation and the explanation for this was the panels were ordered specially for me(Special Order) and the store wont be able to sell them now.

 

I was rather unsatisfied with the fact and said this is too much which was countered with the response that even offering 25% charge is a sign of good will as the store has right to refuse cancellation. I would like to add that they failed to show me any term and conditions that stated charge of 25% but only a short snippet from a leaflet that says I can only amend order within 24 hours.

 

After few minutes of arguments and call to regional manager by the shop manager they offered me a check for £1800 which I accepted as I felt I had no options left.( it will be sent by post within 7 days)

 

My question is was actions of the store justifiable? Did they have the right to charge that much? Is there anything else I can do? Do I have right to a full refund? I can understand paying for handling but the price they came up with was ludicrous.

Link to post
Share on other sites

Were the floor panels really made just for you?

Or they are just claiming this and they sell those panels?

If they are made to order, they would be right in saying that you can't return them because you changed your mind, but you could if they were faulty or of unsatisfactorily quality.

Link to post
Share on other sites

The panels were ordered for home delivery, at the time of cancellation they still had 5 days till delivery. The panels were not customised in any way, just packets of wooden panels. There is nothing that makes this delivery special in any way nor I was made aware of it pior to sale.

I was on the phone to customer service today and they still failed to point me in the direction where their cancellation fee says 20% its literally no where to be found.

 

I understand calling it a special order if for example they sell carpet cut to size but not where its just pre-packed panels.

Link to post
Share on other sites

The panels were ordered for home delivery, at the time of cancellation they still had 5 days till delivery. The panels were not customised in any way, just packets of wooden panels. There is nothing that makes this delivery special in any way nor I was made aware of it pior to sale.

I was on the phone to customer service today and they still failed to point me in the direction where their cancellation fee says 20% its literally no where to be found.

 

I understand calling it a special order if for example they sell carpet cut to size but not where its just pre-packed panels.

In that case it's now time to send an email to ceo.

Hopefully you have cancelled the order in writing or you might get the panels delivered.

If you get no joy from the ceo do a chargeback or section 75 for the 20% that they are gonna keep.

Link to post
Share on other sites

The panels were ordered for home delivery, at the time of cancellation they still had 5 days till delivery. The panels were not customised in any way, just packets of wooden panels. There is nothing that makes this delivery special in any way nor I was made aware of it pior to sale.

I was on the phone to customer service today and they still failed to point me in the direction where their cancellation fee says 20% its literally no where to be found.

 

I understand calling it a special order if for example they sell carpet cut to size but not where its just pre-packed panels.

 

https://www.carpetright.co.uk/terms-conditions : Near the bottom of the page.

If your order has not been cut to your specification we will accept a cancellation and refund your money. If, however, the product has been cut to your specifications we will accept cancellation and deduct 20% of the purchase price from the refund we issue to you to cover the losses we will incur in selling your purchase as a reduced price remnant in one of our stores.

 

As your purchase did not involve any cutting, just the supply of prepackaged panels, the 20% cancellation fee is not applicable. On that basis, I would suggest that you have indeed been ripped off.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

Carpetright

 

Mr Wilfred Thomas Walsh

Chief Executive

Carpetright

Purfleet Bypass

Purfleet

Essex

RM19 1TT

 

Company Number: 02294875

FCA Number: 729251

 

Email: [email protected]

 

Wilf Walsh - @wilfwalshuk - https://twitter.com/wilfwalshuk

 

ceoemail link: http://www.ceoemail.com/

 

Companies House link: https://beta.companieshouse.gov.uk/company/02294875

 

Endole link: https://www.endole.co.uk/company/02294875/carpetright-plc

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

Are Carpetright under any obligation to provide a refund at all though since the panels weren't faulty and they were ordered/purchased in store rather than online?

Or do the regulations around online purchase 14 day returns also apply to orders placed in store for items that are not physically present at the time and need to be ordered from a warehouse?

Link to post
Share on other sites

Are Carpetright under any obligation to provide a refund at all though since the panels weren't faulty and they were ordered/purchased in store rather than online?

Or do the regulations around online purchase 14 day returns also apply to orders placed in store for items that are not physically present at the time and need to be ordered from a warehouse?

 

The panels were not delivered yet when the request for cancellation was made.

Accordingly to carpet rights own policy a refund is due.

But they picked a 20% charge out of their magic hat.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...