Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: Help please Direct bikes retail ltd

    We seem to be going round in circles. Visa state they need the goods returned before refund. Direct Bikes are refusing to take the bike back. If you have supplied Visa with the refusal email then they should refund straight away and not faff around as they tend to do.


    You have two choices. Let the Visa shambles carry on and hope or send the lbaicon giving the 14 days. It is my belief that if you begin the court process, Visa interactions must stop. That is your quandary!


    My personal opinion (and if I wasn't desperate for the money) would be to let Visa carry on with their attempts and if that fails then go to court but that's just me. Many others would do things differently


  2. #62
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    Default Re: Help please Direct bikes retail ltd

    This raises an interesting question. If cash back goes through by end of 30 days (45 for MasterCard) who owns the goods after this date??
    What action does the law require regards disposal of goods if seller won't uplift or accept goods back.


  3. #63
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    Default Re: Help please Direct bikes retail ltd

    the seller owns the goods and can make arrangements to collect. If tye are not collected within a year and a day then they are the OP's to dispose of how they see fit. This waiting period can be altered by written communication on this, hence pawn brokers having their terms specifying the pledge period but it must be reasonable notice


  4. #64
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    Default Re: Help please Direct bikes retail ltd

    You could also be charging them a fee for looking after the goods until collected. A reasonable amount though. Don't be silly. Some thing like 3 per day.


  5. #65
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    Default Re: Help please Direct bikes retail ltd

    Sorry, no you cant unless that was agreed at the outset or you are a motor trader or similar professional and covered by legislation that allows such charges.


  6. #66
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    Default Re: Help please Direct bikes retail ltd

    Hi all just an update finally heard back from Visa and surprise surprise he disputed the claim !!. I will now send the letter before actionicon and then go onto small claimsicon court any information i will need ?. Also how long do i give D B to reply to lba ?. many thanks


  7. #67
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    Default Re: Help please Direct bikes retail ltd

    It is a requirement that you send a letter clearly stated letter before actionicon and giving them 14 days to respond. Send this letter by signed for delivery or even Special Delivery (this costs a lot) but it ensures that they have signed for it. It's likely they will not respond to your letter so on the 15th day, register at MCOL and file a claim.


    In our libraryicon are some posts about filing a claim. Have a good read and other threads about filing claims and that will give you a head start on doing it properly.


  8. #68
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    Default Re: Help please Direct bikes retail ltd

    Hi Silver fox thank you, as all correspondence so far has been by email should i email this too as well as posting it ? Citizens advice said i can give just 7 days as it has been going on for so long. lovely will have a look at the files. many thanks


  9. #69
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    Default Re: Help please Direct bikes retail ltd

    I would post as well. emails can be missed or ignored. I disagree with CAB. Giving 14 days will look that you are being reasonable. Once Direct Bikes have received your claim they may try to pay you if you discontinue the claim. If so, make sure of the terms they are offering. If that means you removing adverse posts on the internet, you will not be able to comply s this thread won't get deleted. (something they have demanded before in a separate case)


    Just before issuing the claim, come here and I will alert a couple of people who have had experience of taking court action.


  10. #70
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    Default Re: Help please Direct bikes retail ltd

    Hi thanks silverfox i have posted and emailed, he came back the next day telling me that he has given his final responseicon on this matter does that mean that i can go ahead and file the claim now ? many thanks


  11. #71
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    Default Re: Help please Direct bikes retail ltd

    He really is calling your bluff on this isn't he.


    As you have his response, the only thing left to do is file the papers on MCOL



    Consumer Rights Acticon and guidance
    http://tinyurl.com/ybj8tgss

    I'm sure I have seen a guide to starting a court claim but for the life of me, I can't find it


  12. #72
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    Talking Re: Help please Direct bikes retail ltd

    Thank you silverfox, just one last thing if it does go to court and the judge finds in his favour what would be the financial impact on me ie do i have to pay his costs etc ? many thanks again.


  13. #73
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    Default Re: Help please Direct bikes retail ltd

    As this claim would be in the small claimsicon court, each party are responsible for their own costs unless one party is being blatantly unreasonable. This case should never have got this far but as Direct Bikes have prevaricated and obstructed you at every turn, court is the only option you have left.


    I will now alert more members of the team to assist.


  14. #74
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    Default Re: Help please Direct bikes retail ltd

    Ah great thank you i will apply for the claim any advice most appreciated, i have read most of the articles i think. just have a few issues as to whom to address as the person i am claiming against etc.


  15. #75
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    Default Re: Help please Direct bikes retail ltd

    Here is the link I couldn't find-mainly because I am an idiot


    https://www.consumeractiongroup.co.u...=1#post4259573


  16. #76
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    Default Re: Help please Direct bikes retail ltd

    I beg to differ thank you so much for all your help


  17. #77
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    Default Re: Help please Direct bikes retail ltd

    I am filing claim now should i put d b retail ltd and d b does this cost me more in the long run being 2 defendants, also do i use companies house address or the one i have been sending post too ? many thanks


  18. #78
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    Default Re: Help please Direct bikes retail ltd

    Can you hold off for now. I have alerted Andyorch to pop in and give advice in filing the Particulars Of Claim (POCicon).


    As far as I am aware, toy should put both names but with a 'also trading as' between the two.


    Keep the POC short and make sure that you include all costs of the bike including delivery costs. Also find out what the filing fee is and include that separately.


    I feel that direct bikes will not want their terms and conditions scrutinised in a court as they would likely be unlawful.


  19. #79
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    Default Re: Help please Direct bikes retail ltd

    Step 4) Defendant details

    A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes you the money).

    You should consider the following:

    a) Number of Defendants

    There can be up to two defendants for claims issued via MCOL – for claims against more than two defendants you should contact the county courticon Money Claim Centre. If you want to issue a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button. Please note that each individual should be listed as a separate defendant. For example, if you were issuing a claim against a husband and wife, they need to be listed separately as the first and second defendant and not on one line as “Mr and Mrs”.

    b) Choosing the Defendant(s)

    Each defendant can be one person or an organisation (such as a limited company).Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s).

    A sole trader is an individual and not an organisation. To enter a sole trader as a defendant, select ‘Individual’. In the ‘Surname’ box type their surname followed by either ‘T/A’ or ‘trading as’ and then their trading alias (you will also need to provide their forename / title in the relevant fields).

    Please note, court staff are not legally trained and therefore cannot tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice.
    You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly.

    For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.


  20. #80
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    Default Re: Help please Direct bikes retail ltd

    Great thank you. Will keep you posted.


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