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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 used for testing (and ours reinstalled) 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? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? 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.  👍
  • 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
      • 160 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

Homeless Charity


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Hi,

There is this Homeless Charity services (they give used clothes, toys for homeless people ) that we have been using for years because we are homeless, but because we were moved out 2 years ago from our own borough, the staff of that charity ( because of personal reasons) decided that we do not meet the criteria ( we must live in the borough ) and they want to stop us from using their services and are asking us not to come any more. Note that there is another person who was asked the same thing, but she lives in the borough...I don't know the reasons behind this, but this can be purely because they don't feel like it.

 

The question is I want to challenge them and I am wondering what can I do.

I wrote to the one who claim to be the director ( I looked on the company house she is not ) and she categorically said that we are not anymore entitled.

 

I am trying to write to the trustees to raise this, also to the council if this works.

 

Do I have any ground to challenge them, the Charity Commission does not look like they can do anything.

 

Can I still go, and if they ask me to leave, what would happen if I don't ? Do they have the right to use force or call the police ?

 

Do they have the right to turn people away ?

 

I need some advise and the best way to deal with this issue. I feel bad, because it is not right to be treated this way.

 

Thanks

 

PS. in their website they state that they help homeless in the borough, but it does not stipulate that you have to live in the borough to get the services.

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I fyou go back and they tell you not to, they could call the police as you are trespassing on private property.

 

What do their terms state. If they state you must live in the area, and you dont, then sadly theres nothing you can do. Charities like this like to help local people.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you are not homeless in the Borough (as implied by your OP) the Charity can decline to support you.

Most Charities are experiencing a cash flow crisis, poss due to loss of local Council grant.

Who is the Charity and what is your location?

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Hi,

There is this Homeless Charity services (they give used clothes, toys for homeless people ) that we have been using for years because we are homeless, but because we were moved out 2 years ago from our own borough, the staff of that charity ( because of personal reasons) decided that we do not meet the criteria ( we must live in the borough )

 

Do they have the right to turn people away ?

 

I do not understand why they turned you away due to personal reasons, if you no longer reside within the borough that the Charity operates then they have the right to refuse you.

It seems to me that they have been more than accommodating in the past, but have now declined you not for personal reasons but because of budget constraints means that they must now solely concentrate on those residing within the borough.

 

I am a trustee of a Charity and our goal is for people within our locality.

 

I would suggest doing either an online search or go to Citizens Advice where you can be put in touch with a Charity in your Borough that you now reside in.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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