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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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Dishwasher installed with broken pipe


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I had a Kewood dishwasher delvered. As the men bought it in after disconnecting and removing my old one I noticed they has managed to deliver it or break on delivery the waste pipe.

 

They connected to my original pipework so that I was not without a washer but my son pointed out it would leak which it has done and it needs towels to soak up the water. He has been employed in and has experience of this trade. I paid £50 for installation and removal.

 

I signed the delivery form as being received broken. I emailed Currys about it

 

I have had to chase Curries and have had two 'no shows' trying to get this machine fixed. The first visit was marked as complete although nobody turned up.

 

Where do I go from here? Tell them to refund my money and pick up their machine or get a partial refund and compensation? What is the best route?

Edited by DragonFly1967
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The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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When you say the waste pipe, are you referring to a pipe which is part of the dishwasher or a pipe which is part of your plumbing installation?

 

Also please could you give us the dates that all of this has happened

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I ended up having to go all the way to a Court hearing before Curry's compensated me for being messed around beyond belief over delivery of a washing machine, they didn't respond to anything until I actually issued proceedings.

 

How long is it since the machine was delivered? Do you have anything from Curry's accepting that the machine was damaged prior to delivery? What solution would you prefer - repair, replacement or your money back?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The machine was bought 23.2.18 and delivered 27.2.18

The pipe is the machine waste pipe.

They were due 6th March to replace it. No show.

I phoned 7th March and arranged today 13th. No show.

I signed their delivery note as it having a broken waste pipe

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Thank you.

 

So the contract was made less than 30 days ago. Under the consumer rights act if a defect materialises within 30 days then you are entitled to invoke your short-term right to reject.

 

This means that you are entitled to a refund or repair – at your option.

 

You have to assert the right and you do that by writing to them – do it by recorded delivery letter and also by email – and tell them that the machine has a defect and it is within the 30 day period and say you are invoking your short-term right to reject under the consumer rights act.

 

Decide whether you want a refund or repair. Frankly I think you've given them enough chance and so you should insist that they take away and give you your money back. Currys have a rotten reputation for this kind of thing and their poor customer service and I should stay well away from them if I were you. We have lots of complaints about curries on this forum. We have scarcely one about John Lewis.

 

Start counting up losses in terms of the inconvenience to you and also any inconvenience suffered as a result of broken appointments.

 

Don't expect it to be easy. The only thing that Currys are good at is about fighting you when you are trying to assert your consumer rights.

 

Keep us informed and we will help you all the way. Currys need a slap

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Incidentally, don't get led into protracted correspondence or starting to accept excuses or prevarication from Currys which will simply drag the whole thing out until you get fatigued. Take control and make sure that it is you who lays down the time schedules and the terms upon which Currys will remedy their breach of contract.

 

If it comes to it, are you prepared to issue a small claim in the County Court? Unfortunately all too often this is the only way with Currys but once they get the court papers then things start to happen pretty quickly. Your chances of success would be much better than 95%

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Incidentally, don't get led into protracted correspondence or starting to accept excuses or prevarication from Currys which will simply drag the whole thing out until you get fatigued. Take control and make sure that it is you who lays down the time schedules and the terms upon which Currys will remedy their breach of contract.

 

If it comes to it, are you prepared to issue a small claim in the County Court? Unfortunately all too often this is the only way with Currys but once they get the court papers then things start to happen pretty quickly. Your chances of success would be much better than 95%

Yes, I will take them to Court if I have to.

Is there an Ombudsman that you get to mediate. Just thinking in case it is a step yoh need to take.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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No. There is no mediator.

Have you sent off your letter yet?

 

Have you decided whether you want a replacement, or refund, or you are prepared to accept it being repaired? These are decisions you need to make now – but of course as I have explained earlier it is a matter of your choice.

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I have tried to effect a better repair than the fix they put in. Something that should be easy with the right equipment. However the pipe is plastic and not rubber and will not seal properly. If it had I would have gone for compensation for the mess. Having to remove this machine is ripping our flooring. So the only option is removal and get our money back.

I am in the process of writing now.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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If you have tried your own repair, then I hope there is no evidence of it. Also, do not mention at all that you have tried your own repair. You may feel that you need to do this in an attempt to show goodwill or that you are cooperative. Believe me if you do this, they will abuse your trust and they will use it as a basis for saying that it has nothing to do with them.

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I tend to agree that this might have been a better approach. It would have made things easier – although it doesn't affect the rights of the matter.

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They had removed my dishwasher to install the new one.

They installed the pipe fix. I have only tried to stop the leak. Remember I have had 2 no shows from engineers who were upposed to be here.

Anyway I emailed them a short term rejection letter. They sent an engineer yesterday (15th) who confirmed thatythe machine cannot be repaired as the pipe is integral with the casing. A new machine has been orderedfor delivery tomorrow. I am phoning them in a moment to confirm that the right hand knows what the left hand is doing then i will email them to keep a record of what is happening.

I will also tell them that until this is finished and compensated the 30 day still stands.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Well you are making progress so well done. This is pretty good going with curry's poor customer service.

 

I agree that you should be claiming some compensation, but what do you consider your losses are – and very importantly, what you prepared to do about getting it if they refuse – which is quite likely?

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Well, as I am disabled we paid them £50 to install this machine.

We have had 2 no shows. One of them caused by the engineer claiming he had fitted the pipe when in fact he had not come.

Having to attend to the leak has caused the flowtex carpet to rip allowing water under the carpet.

30 minute phone calls trying to sort something out.

They have ****ed me off.

A new machine is due tomorrow.

Evidently half the problem is that the machine and engineers come from Kenwood and there is lousy communication

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Okay. The £50 installation fee won't be recoverable because they will be installing the new one.

 

The two no-shows should be compensated but in order to calculate what it might be worth, you need to tell us more about it and what the inconvenience was to you.

 

I don't really understand about the carpet ripping and water going under the carpet. Have you mentioned this before? Please can you tell us all about it and the cost of the damage to the carpet.

 

30 minutes phone calls can be compensated – what do you think they cost you.

 

I can tell you now that in order to get a compensation which will satisfy you – maybe a couple of hundred quid, you will certainly have to threaten and then bring a legal action. I might already have said it – but here it is again. Currys are hopeless but they really get going when it comes to resisting honouring their responsibilities.

 

However, if you wanted to start small claim on this I can almost guarantee you that if you claim for a reasonable amount then they will put their hands up and pay you out plus costs rather than go to court.

 

I'm guessing at the couple of hundred quid. I would have thought that would be the very top once I hear from you in response to my questions then I can give you a better idea what might be a manageable claim which will be big enough to satisfy you and small enough that they would rather put their hands up

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Ok. New dishwasher installed. I must point out that my wife paid £50 out of consideration of myself. I am disabled, I and on sticks, I cannot kneel but being an ex-engineer she knows I would have tried to fit it. As it turned out I spent more time scrabbling around trying to fix the leak than if I had fitted it myself.

We spent two days waiting for these engineers. Also one day was ticked of as a visit and job completed so if I hadn't got on the phone I would still be waiting

The carpet was ripped because of having to move the machine and the leak let the water under the carpet.

I will ring them on Monday and let you know the outcome. It may not get anywhere but at least others will learn from this. It is a pity we cannot tell them before they go to Currys.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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I wouldn't call them until you have calculated exactly what it is you are asking for – and what you are prepared to do if you don't get it.

 

People who go off phoning companies like Currys asking for some kind of gesture for inadequate service and without having a plan, are basically placing a naïve trust that the company will want to treat their customers with respect and want to acknowledge their failings.

 

This doesn't happen. Currys is particularly bad. When there was Dixons as well – they were just as bad.

 

Are you saying that your wife paid a second £50 installation fee? Also, you would haven't told us very much about the carpet. Have you taken photographs of the rip and of the water damage? You should be doing this. Please tell us about the damage to the carpet and the cost of replacement. Also, before you start thinking of telephoning – read our customer services guide. However don't phone until you have a plan – and then probably don't phone anyway. Everything in writing.

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No. We paid one installation charge. I note however that Currys is advertising free installation and removal.

I think my phone has a recording facility.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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You will have to show that Currys were advertising the free installation at the time you ordered the machine. Strictly speaking you would have to show that you expressly accepted that – but it probably won't be necessary to go that far. Why did you pay the installation charge if it was being advertised as a free service?

 

Did you buy the machine online? Or in their shop?

 

Please will you address the question about the carpet

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Ok. The Result.

Currys have returned £82 based on 10% off the purchase price, £50 instalation fee and £20 for the 2 missed visits. We have accepted it. I could have argued more but I think we have a moral victory.

On my first phone call the bloke started to give me the runaround and when I pulled him up the line suddenly went dead. I rang back and mentioned it to a different operator but said, "It's ok as I have the call recorded.

After that there was no problem. Currys have just rung me back for bank and card details for the payment.

I have a BT4600 which has a call record facility

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Good. Well done. That's probably not a bad settlement given that he didn't have to go to any further trouble to get it. I hope it really does cover your losses but in the meantime I think the lesson is to go to John Lewis. I think we've scarcely ever had a complaint about John Lewis in 13 years on this forum.

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Unfortunately, it was my beloved who chose them. I normally use an independent supplier near us but we happened to be in Worcester and went in to window shop really.

I would not touch Currys with a bargepole.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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