Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • 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

Currys/PCworld refuse refund or replacement


flyte
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2061 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

Hi, still trying to calm down after my visit to Currys today:x

 

We bought a cooker there less than 2 months ago and its been faulty from the start, the oven cuts out during cooking leaving food half done and only fit for the bin.

 

This happened in our second week of ownership but we weren't sure if it was us or the cooker, now we know for sure its the cooker at fault as its happened 4 times.

 

We went back to currys today to complain but were told the manufacturer would only consider a repair and it might take a month :!:

 

So I've been looking up our rights and would appreciate some help from the forum

 

First, they insisted we could only get help from the manufacturer, but our contract is with Currys, no one else, do they have the right to fob us off in this way ?

 

Second, the fault has been there since we took delivery, do we have the right to a replacement or refund or do we have to accept a repair ?

 

I know we're over the 30 day limit but its not our fault, this seems so unfair, any advice ?

Edited by dx100uk
Spacing
Link to post
Share on other sites

Currys are doing what they always do and hope nobody will notice. Get a complaint direct to the CEO and go instore and give them a copy. I would also inform trading standards as well.

 

If the fault was there from the start, then currys dont have a leg to stand on. They have to refund or replace.

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

Link to post
Share on other sites

Thank you ! just as I suspected, they did something similar to me years ago, I had hoped things would have changed. Anyhow, I just sent off an email to their customer services so I'll wait for a reply and let you know. Then as you suggest I'll go further with this.

Link to post
Share on other sites

Unfortunately you have lost your right to insist on a refund or replacement because you did not assert your right within 30 days of the date of the contract. This means that you must now rely on the six-month rule and that means that as the defect has appeared within the first six months you should inform them in writing that you are asserting a right under the consumer rights act and that they have a single opportunity to carry out a repair or else you will insist on a refund or a replacement – you will have to choose.

 

The repair must be carried out within a reasonable time and I would have thought that something as essential as a cooker should receive a visit and an attempted repair at the very least within seven days. Because Currys has such an appalling record I would set it all out in a letter before action and make it clear to them that after 14 days you will start a small claim in the County Court.

 

Don't muck around with these people. They will lead you round by the nose if you give them half a chance. Keep control of the situation. Send them your letter – don't bluff and at the end of 14 days simply issue the court papers.

 

If all of this means that you are without a cooker then you could reasonably include in your letter that you will be purchasing a new cooker if they failed to carry out the repair within the seven-day specified because this is an essential household item and you will therefore be claiming for the cost of a new cooker – even if it is slightly more expensive – and also the reasonable cost of storing the old broken one until they collect it.

 

Currys are a complete disgrace and it's about time somebody like trading standards sat up and took notice – but of course this never happens.

Link to post
Share on other sites

Ah ok.....not as straight forward as I had hoped, there are very few choices for kitchen appliances where we live, currys would have been bottom of my list but its about as far as I can travel.

 

I'll still wait for a reply from their customer services and take it from there, I'd like to know why Currys take no responsibility saying its down to the manufacturer and why they wont accept that it was broken before the 30 days were up.

 

Thanks for the idea of charging them for storage, I might also bill them for takeaways while I'm waiting :lol:

Edited by dx100uk
Spacing
Link to post
Share on other sites

Stories charge should be kept very modest – no more than 1 pound per day and you should serve them notice in advance that this is what you will be doing and the cost to them. You must give them an opportunity to remedy the situation that once the court papers are issued then I would start levying the storage charge.

 

Why does Currys do this? Who knows. Poor staff development and I think that they are probably lulled into a certain poor customer service because so few customers will stand up to them. Their solicitors/legal department seem to make a personal matter of beating consumers down but when you issue the papers eventually Currys give up – but for people who aren't hugely confident, it can feel as if it is nerve wracking. Currys are rubbish company – but unfortunately nowadays there is very little alternative on the high street. You're generally speaking much better off with John Lewis. I don't think that in nearly 14 years we have had more than two or three complaints about John Lewis

Link to post
Share on other sites

To add to the 30 days:

 

The first six months

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

 

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

 

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.

 

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

 

demand they fix or replace it. If they wont, then outright reject it

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

Link to post
Share on other sites

I believe this is from the consumer rights act........ even outside of the 30 day period, if goods cannot be repaired in a reasonable amount of time or a repair would cause significant inconvenience then a full refund or replacement should be offered. Is this correct ?

 

 

If it is then I'll be taking them on, one month isn't a reasonable amount of time to repair a cooker and going without our cooker would certainly cause significant inconvenience. I'm disabled and my wife has Diabetes, we both have specific needs when it comes to cooking and foods.

Link to post
Share on other sites

get a full complaint in writing to the CEO and the store manager. Take the relevant legislation with you if needs be. If they keep refusing, then take it further. It is up to the retailer to sort any issues, and chase the manufacturer. Not you.

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...