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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
  • Our picks

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

      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
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Hi all

 

Not sure if this is the right place to put this but I will try and explain my problem.

 

I got a Laptop from BH about 4 Months ago and it has developed a fault,

it keeps freezing and it wont let me factory reset it,

keeps saying unable to reset and unable to diagnose any problems.

 

We use it for my Partners business (DJ) and only have the software on it nothing else.

 

We took it in to the Newcastle store today and I think it was the Manager we dealt with.

 

she was very very off with us.

She said (about 10 times) that because we didnt take out some Care thing they have to send it away for up to 10 days.

 

We asked can we return it and get a replacement she very arroganty said No,

because its all these new contracts now and we didn't take out this care thing they cant do anything.

 

We then asked if we still have to pay for something we haven't got,

and she said yes of course its the new contract

and we didn't take out this care thing,

thats all she kept repeating,

he was smirking all the time too as if she was enjoying it.

 

Now all I am after is some info regarding the Legalities of this,

Can I ask for a replacement under the Sale of Goods Act and do their contracts trump UK and EU Law?

I am prepared to go down the Legal route with this and the press to and give them some more bad publicity.

 

All I want is for something that is 4 Months old to work.

I know it's not their fault that it doesn't work

but it's not mine either and I was under the impression that the onus is on the Retailer to sort it out.

 

Oh she also said I done something to the Laptop which is why it doesn't work which is borderline slander, and I have a witness.

 

I even asked if we could return it and then take out a new agreement for a different model,

she took great delight in telling us no as we didnt take out this care,

lol she must have said this a million times.

 

Anyway thanks in advance for your help.

Edited by BitterVirtue
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Under the Consumer Rights Act if a defect develops in the first six months after you have bought it then you have what is called the "long-term right to reject". This means that the seller is entitled to have one attempt to repair the item and if the repair fails then they have to refund or replace at your option.

 

On that basis, the Brighthouse manager is right. They have offered to have it sent away and they have told you that it will be up to 10 days. Let me say that a 10 day turnaround is reasonable and if you want to know – I reckon it is pretty fast and it wouldn't surprise me if they then try to say that they need more time.

 

If I were you I would take the laptop back hand in for repair and make sure that the ten-day turnaround time is repeated in front of a witness. Although in theory you could be entitled to get a bit of money back quite frankly in practice it's not worth the hassle.

 

Take it back straightaway. After they have taken it – make sure you get a receipt for it. Then let them have a note with the repair reference number on it and make it clear that you have left the laptop with them and it has been promised by – give the name of the manager – that it will be returned to you repaired in 10 days.

 

In terms of their extended warranty – you would be in exactly the same position and I scarcely imagine that they would have given you a new machine over the counter simply because you had their care program. They make a lot of money out of extended warranties and that's why they are pushing it all the time. All companies make huge amounts out of extended warranties but by and large they are a complete rip-off.

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By the way, make sure that you have backed up everything because very often we find that people get their laptops back and the disc has been wiped.

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Thanks for your reply, I do have a witness that they said up to 10 Days turnaround.

Do you know where I stand Legally on paying for it when I don't actually have it?

 

I am sure if I said it will be 10 days before I pay you they would have something to say.

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Bitter - do you still have all the paperwork for this?

Are you sure it doesnt include the "Obligatory" Insurances even though they are supposed to be optional?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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yep you beat me.

 

you already have insurances you at paying for

they are hidden in the agreement.

 

as for paying for a non working product...

..its a rent to own agreement [hire purchase]

and you are paying about 3.5times its real value through them with all their rip off interest and hidden insurances.

 

lets put it this way..

if you hire a taxi and it brokedown after 4miles and the driver wanted his fill fare as well as ordering a new taxi that wanted paying for the rest of the journey..would you?

I bet not!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

Yeah we still have the paperwork, and will go through it tomorrow.

 

Is there any letter templates I can use regarding this as I am not paying for something I dont have, surely that is illegal?

 

I am still seething at her attitude in the shop, proper smug.

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Forget smug. It's called job satisfaction and face it, lots of people who work at these kind of outfits probably don't even tell their friends what they do for a living.

 

Check the paperwork as advised above and then come back here.

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You'll be the one feeling 'smug' when she gets put in her place!

 

Make sure you complain about her, and her attitude, perhaps she was angry and bitter because of the sad morally bankrupt line of work she's doing?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Does anyone know where I stand Legally on whether I should pay for something I haven't got?

 

What does the T's&C's say?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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