This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

hurray!!! the system does work. finally got my money back this morning.!! it took two warrants of execution though... the trader stopped trading half way through the first one and moved address. luckily, trading standards who were involved anyway were there to help. a formal undertaking was obtained against the trader based on the following and which also gave details of his new address. so i am a happy bunny. thanks again, for the advice. Legislation used: Community Infringements Specified UK Laws//Consumer Protection Regulations 2008 Regulation considered: Misleading Practices//CPR Reg.5 Actions Notes: using a statement or symbol that relates to direct or indirect sponsorship or approval of the trader and/or the products Legislation used: Community Infringements Specified UK Laws//Distance Selling Regulations 2000 Regulation considered: Distance Selling Notes: ...not providing consumers with a refund within 30 days Legislation used: UK Legislation//Sale of Goods Act 1979 Regulation considered: Sale of Goods Act Notes: ...not despatching goods to consumers within a reasonable time Legislation used: UK Legislation//Supply of Goods and Services Act 1982 Regulation considered: Supply of Goods and Services Act Notes: ...failing to provide a service with reasonable care and skill.

hi there, in my case, i had contacted trading standards before taking the trader through small claims. they were really helpful in terms of clarifying the current legislation, laying out all the reasonable steps i should take before taking the matter to court and giving out useful numbers etc. when i failed to resolve my problem and had to go down the small claims route, i called them back and expressed the wish to make a formal complaint against the trader. to date there has been no real news. i know that my warrant is now in the hands of a bailiff. should i fail to get my money back, the enforcement officer at trading standards suggested calling him. so, i shall post note when/if my warrant finally prompts the trader to pay up... 'hope this helps.

hello, just a little update. i've filed my warrant of execution today, fingers crossed, i will finally get my money back as i am now nearly two hundred squids down. i also got a call from trading standards this afternoon, to whom i had made a complaint about this, and who were checking whether i had received a refund as yet. it seems, a great number of complaints nationwide have prompted an investigation into the trader and their business and trading standards are now enforcing refunds where they are due. anyway, it's good to see that sometime the system works...

thank you. would this be worth pursuing, bearing in mind the trader has proved to have a total disrespect for customer service and the law? if the bailiffs aren't able collect the amount due or to seize items to the value of amount due, then this is it?

hi there, i'm back nearly six months later and i haven't really got very far! still, the good news is i won by default as the defendant failed to file their allocation questionnaire on time. a request for payment forthwith was issued by the court a couple of weeks ago but this obviously has been ignored by the defendant as i haven't received a penny yet. i understand the next possible step is to send the bailiffs out, could someone kindly let me know how this would work and whether this would this be at my expense? thanks.

i have received a copy of the seller's defence which i will scan when i have a moment. i shall send my aq as is and wait to see what happens. thanks again for everyone's help and advice. b

i did send the trader both a prelim letter and lba before filing the claim, giving them as much time to put the matter right but sadly they were still not interested in redressing the situation.

hi slick132, thanks for the reply. with regards to point (2), i understand what you are saying but it seems unfair that as well as refusing to replace or refund the item, that they should be able to keep it and should offer (as per their defence) to use it as evidence. 3) sorry, but at the risk of sounding stupid, i can't work out what d/w means. thanks b

she's 4 and yes, this was an exact copy of their email.

hi, i have a few queries and hope someone might be able to help me with them. here goes, hope noone falls asleep halfway through: i bought a kid's digital camera from an online seller on 2/1/08 which costs me £79.99. after having to chase them for two weeks regarding delivery info etc, the item turned up on 26/1/08. great item item, daughter loved it. two of three weeks later the display stopped working. i contacted the manufacturer for repair/replacement who referred me back to the seller where i purchased it from. the seller refused to repair/replace, claiming i had 28 days to return a faulty item despite the fact that it developped a fault after 28 days. i took advice from trading standards, sent various emails quoting the sales of goods act 1979 and eventually returned the camera for their inspection and requesting an independent report re its malfunction. in light of the poor service i had received since the order, i took pictures of it before returning it by special delivery. i chased them a couple of weeks later and this is a copy of the email i received Hi Thank for sending the camera back to us. Bad news we are sorry to say. We have had a look at the camera and their is a few things wrong with it. 1. Their seems to be a bite mark in the right hand handle 2. Underneath were the battery goes their is a scratch marks 3. The screen is very badly scratched 4. Their is a scratch mark on the front of the camera as well. Also are distributor has also looked at the camera and agreed the same. When you send a item back it has to be in perfect condition sorry to say but this isn't We can not send you a new camera I'm afraid all we can do is send this one back to you. Thanks so, they totally disregarded the fact that the camera was not working properly, found cosmetic defects that were not there to my knowledge and failed to provide a comprehensive inspection report. i gave them a little more to time to sort it out but ended up filing a small claim last month. the camera was never returned to me and to my surprise, they have filed a defence again argueing that the camera was allegedly not in a perfection condition to warrant a repair or replacement. i have received my allocation questionnaire and just wondered 1- should i carry on with the claim, knowing that i will be taking on a company (i believe sole trader or partnership) (i feel i should as i am out of pocket and camera and believe the legislation to be on my side) 2- should the seller be legally entitled to be using my property i.e the camera as evidence in the case??? and as i am able to prove that the camera was not in any way damaged as claimed by the seller, is there any further action i could take about this? 3- what i should put in the further info section of the allocation questionnaire form. hope someone will have time to help me with these queries. thank you.

not sure... i advised the court that i would not attend, as barclaycard had offered to settle.

thank you coombep. two claims down, three to go!

indeed, it has. again, thanks heaps for your help and advice.

ok. so i emailed my reply rejecting the terms of their offer and adding accrued interests to date. got an email a few minutes later accepting my conditions. cheque is on its way and so will the donation to the site when funds have cleared.

*bump* sorry to pester the mods out there. i have just drafted up my reply to their settlement offer. based on the above, shall i include the accrued interest since the claim was filed or take my money and run?

my letter was only to say that i would attend the hearing and i added the following at the end as a reminder: i also attach an updated schedule of charges and interest, which at the time of writing this letter amounts to £425.74, bringing my claim to a total of £475.74 including court fees (excluding administrative and research costs). so, i guess i can't really go for the accrued interest, as the amount offered matches that of my letter?

hi, got a settlement offer this morning. see my thread betty lo v barclaycard i am still to reply as the amount offered doesn't include interest accumulated since the claim was filed. so hopefully won't need to attend hearing on 20th.

*bump*

below is the letter that i've received this morning. i had written to them earlier this week in anticipation of my hearing at the london mercantile court on 20 february to prompt them to pay, however when i put my total claim amount, i forgot to include the interest due since the court claim was issued or £56.44. as i am not prepared to accept the terms of their letter regarding confidentiality and payment methods, is it still ok to include the extra £56.44 in the reply letter i will forward later today? i refer to the above proceedings. as you will have seen from our defence, we consider that your claim lacks merit and that it will fail. in particular, we disagree with your legal analysis that the charges levied to your account with barclays amount to penalty clauses and are unfair. we do however, recognise that it is not cost effective for either party to take this matter to trial. therefore, in order to avoid the inevitable time and cost associated with pursing the claim to trial, we are prepared to settle your claim upon payment of the charges applied to your account, together with statutory interest and costs totalling £475.74 subject to the terms set out in this letter. this offer to pay £475.74 is in full and final settlement of yoru claim and is strictly without any admission of liability on our part. by accepting this offer, you also agree that the existence and the terms of this offer are confidential between us. if you agree to the terms of this letter, please sign and return a copy of this letter to me at the above address within the next 7 days. you will also need to notify the county court, in writing, that you have discontinued your claim against us. please forward a copy of your letter to the court when you return a signed copy of this letter to us. payment to be made to your barclaycard account. should you decide to reject this offer, then we reserve the right to disclose this letter to the court. i look forward to hearing from you. ys dino papaevripides

hello again, and cheers for the letter. i have had a look at the cmis form as filled out in the case management conference 13th oct thread, but this does not seem to be the same form as appendix 6 of the commercial court guide... so to clarify, i have just phoned the LMC and was told that i was not required to submit anything prior to the hearing unless i could not attend.

'hope so, i'm 8 months pregnant and i could do without the hassle!... could i be cheeky and ask you what kind of letter you will be sending to barclays to prompt them into paying before feb 20th?