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. #1
    Basic Account Holder
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    You'll regret it if you don't.
    mrtibbs1999 Novitiate



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    Cagger since : Jun 2014
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    Default Got Default CCJ over Faulty goods. Who owns them now.

    Hi All,

    I bought a used hot tub from a trader in Late Feb 2018. It was described as in working condition other than a few cosmetic issues which I planned to fix.

    The trader delivered it in March 2018. It leaked from the get go. Only a bit, but enough to be an issue. I spent 250 on a callout and attempts to repair it, which made it better, but it still leaked a bit from the centre which could not be got to. The leaking will seriously reduce the life span of components and increases electricity consumption a lot.

    I sent an lbaicon, no response. I sued for the purchase price, plus delivery, plus the repair costs, in the hope of a settlement or a repair. They ignored the proceedings and I got a Default Judgment. I sent the bailiff (HCEO), who had to start loading the hot tubs before they decided that it was actually serious and they paid the HCEO on the spot in order to get their brand new hot tubs back.

    The hot tub is still at my house, is still working and clearly has some value.

    The question is, legally (not morally), who actually owns it now, as because it was a Default Judgment, there is no order as to what happens to the goods.

    Thanks in advance.


  2. #2
    Site Team The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar



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    Default Re: Got Default CCJ over Faulty goods. Who owns them now.

    I would say that the trader owns it and you therefore have a duty to store it responsibly and to make sure it stays in good condition.

    However you should write to the trader – recorded delivery – and tell them that the item is still in your possession and that you are proposing to dispose of in 14 days unless they notify you that they want it back and also inform you as to the arrangements they are making to get it back to them. Tell also that if they will want it back that you will be levying a 10 per day storage charge which they will have to pay before they take possession.

    Tell them that if they wanted then they must let you know within five days and they must take possession of it before the 14 day deadline or else you will dispose of in any event. Warm them that if they do not notify you within the five days, that they will be incurring the daily storage charge and which you will be enforcing by way of an action in the county courticon – and given the experience so far with you, they should understand that this is not a bluff.



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  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    mrtibbs1999 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jun 2014
    Posts : 29 (0.02 post per day)

    Default Re: Got Default CCJ over Faulty goods. Who owns them now.

    I have written to them saying what you suggested.

    Thanks for the advice



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