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DD maker

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Everything posted by DD maker

  1. Surely his name will be the previous keeper on the V5 when you get it back from DVLA with your details on it.
  2. Hi all, So after a couple of calls and an email Amazon aren't budging, it's return for a refund only, which I have now done. Disappointed that they failed to acknowledge the (underhand, I believe) change to the item product page description between the initial order and their fulfillment of my order but at least I'm left in the same position as if I'd never ordered in the first place. Thank you all for all your comments.
  3. Thanks Spud / Bazza, I'll update the thread tomorrow after I've called.
  4. Hi, Looking for some advice regarding 3 phones (3 of the same phone) I pre-ordered on Amazon's website (seller is Amazon). I received 2 of them today but they are not the phones I ordered (I ordered Doogee BL5000 in blue, received Doogee X10's in black), the X10's are significantly lower spec. The product page has changed since I pre-ordered from BL5000 to X10. I went on their online chat to explain the situation and ask regarding the third phone that was despatched today. The Amazon rep assured me the phone despatched today would be the correct one, assuring me that if I return the incorrect ones then they will be replaced by the correct ones despite the webpage stating there was no stock left. They disconnected mid chat and then another rep connected. The second rep attempted to get me to return the incorrect phones and re-order from another page (manufacturer the seller, not Amazon). If I place a second order the phones will cost more so I said I wasn't prepared to do that and couldn't they just leave the original ordered item as they had failed to fulfill it. The rep said they couldn't as there was no stock. I left the chat after stating that they should not do anything regarding the order or return/refund as I would speak on the phone to CS tomorrow (recording the call!!). Basically is there any way to ensure Amazon leave my unfulfilled order on their system while still returning the incorrect phones? Thanks in advance for any suggestions.
  5. So, update time. Printer was collected by their nominated carrier and full refund has now been processed back to my payment method. Thanks all for your input.
  6. Hi all, So after a few frustrating emails over the weekend the printer is being collected this week. I will update the thread once I have received my refund.
  7. Hi rebel11, Would you suggest that I return the printer against the RMA that has been issued or store the printer safely until this is resolved (the RMA is only valid for about another week), I'm concerned that I may run out of time and the RMA will expire leaving me no option for its return.
  8. I could buy some remanufactured ones but didn't think it would be necessary straight away, I wouldn't want the retailer to try and use that as an excuse (non original cartridges) if there were any future issues with the printer
  9. Hi, the retailer is dabs. I stated I wanted an RMA for the printer as it does not contain any ink cartridges and I no longer want the printer.
  10. Hi all, I'm looking for some advice regarding a 'used' printer I bought recently from a major online retailer. There were a number of printers of the same model advertised with separate 'add to basket' buttons. Icons next to each printer indicated which were fully functional and came with all accessories, software, manuals etc. Text description for some of the printers stated that no ink cartridges were supplied, others stated 'Customer return - item has been opened but is in excellent condition'. I purchased one of the printers whose icons indicated it was fully functional with all accessories etc, the text didn't state that no ink cartridges were included (printers 'new' come with ink cartridges and I inferred that as some printers were advertised as without cartridges that the one I selected would come with cartridges). Imagine my dismay when the printer arrived without ink!! I emailed them on the same day I received the printer to arrange for an RMA stating there were no ink cartridges and the printer was no longer wanted. They have issued an RMA but now want to charge me return postage costs under DSR (they state it is as goods were unwanted) however I have disputed this as I believe they should accept the printer back under DSR (not as described) an SOGA (not functional). I called them and they have stated that nowhere in the description or specifications do they advertise the printer as coming with ink (the manufacturer's website states ink is included in new product). Any suggestions as to my next step(s) or am I being unreasonable?
  11. Hi bluestar83 Regarding the payslips, make sure that they have plans in place for when an employee leaves the company - will they still have access to their payslips online? If a mortgage provider (or any other organisation) requires copies of payslips will your employer be able to print them off for you (if the organisation doesn't accept your printed copy)? Regarding the background checks / birth certificate, I believe that some jobs require it but I don't know a lot about that - wait for someone more knowledgeable to answer that one.
  12. Hi, not sure if this is the right section to post - mods feel free to move to a more suitable section if necessary. Any advice on the following issue(s) appreciated. I work for a large employer and we are told that in a couple of months our payslips will no longer be printed on-site. Our BACS wage payments will continue to be processed by our employer's accounts dept as usual, however our payslips will no longer be physically printed. We will have access to all payslip information via a 3rd party website using a personal / work email address and password (apparently the 3rd party are used by other companies already and use proper web access encryption etc). Initial indications are that employees will be able to opt out (either due to no web access at home or for personal reasons) from this on-line payslip system and continue to receive traditional printed payslips as we do now, however our employer expects the number opting out to be the exception rather than the rule. If opted out then it is not clear if the payslip information will still be sent to the 3rd party or not - opted out employees will receive a printed payslip but not receive access to the 3rd party on-line system. Now, With regard to DPA requirements, does our employer have the right to pass our name, hourly rate, salary, NI number and tax code to this 3rd party. I do not think we have signed anything on our employment contracts permitting personal detail disclosure to 3rd parties and there is nothing (yet) within the employers HR procedures regarding this. Before the system goes live we will have slips to complete with an email address to be used for the sytem and a 'tick box' to agree to the system - will this cover the company regarding DPA? Thanks for any observations and input.
  13. OK, my holding defence to the court (bit long maybe, but I want the court to see the difficulty that IND are causing), Dear Sir/Madam, I would like to bring to the attention of the court the Claimants disregard of the court order made by ******** dated ** March 2012 (stamped by the court on ** March) [the order], and ******** dated ** May 2012 (stamped by the court on ** May) [the amended order] for disclosure of documents that would enable the Defendant to prepare a proper defence and the determination of the claim. The order required the Claimant to, a, Pay the Defendant his court fee for issuing the application in the sum of £45.00. The amended order required the Claimant to, by the ** June, provide copies of, b, The agreement. c, The assignment. d, Notice of assignment. e, Documentation showing compliance by your client with Section III and IV and Annnex B of the PD Pre-Action Conduct. 1. d+e, In a letter dated ** June 2012, IND Ltd (agent of the Claimant) stated their ‘letter before action dated ** November 2011 included ‘the notice of assignment of the debt (see attached). The Claimant has therefore complied with Section III and IV and Annnex B of the PD Pre-Action Protocol’ and advised a copy of ‘the agreement’ had been requested from the Claimant. 2. b, In a letter dated ** June 2012 (after the amended order deadline), IND Ltd sent a copy of ‘the reconstructed agreement’ in relationship to this claim and confirmed a copy had been filed with the court. To date the Claimant has failed to comply with the order or amended order. 1. d+e, The Claimants letter dated ** June 2012 referenced an attached document dated ** November 2011. This document was not attached – the only document attached was dated ** January 2012 [copy attached – Marked A] 2. b, While a reconstructed agreement may satisfy a lawful request under the Consumer Credit Act 1974, I am of the respectful opinion that the copy of the ‘reconstructed agreement’ provided by the Claimant is not sufficient to comply with the amended order for a copy of ‘the’ agreement. The Claimant is put on strict proof that the reconstructed agreement is correct. I respectfully request that the [original] agreement be available when/if this case proceeds to court. • a, To date the Claimant has not paid the Defendant the court fee incurred by the Defendant of £45.00 as instructed in the order. • c, To date the Claimant has not provided ‘The assignment’ as ordered in the amended order. The Defendant is embarrassed and respectfully requests a stay in proceedings until such time as the Claimant complies with the court orders or until the Court orders its compliance. The Defendant will then be in a position to file a fully particularised Defence / Counterclaim within 28 days of the Claimants compliance and the Defendant seeks the Court’s permission to amend his statement of case accordingly. A copy of this letter has been posted to the Claimant’s address for sending documents as shown on the claim form. All opinions appreciated.
  14. Hi Mike, Monthly term would be correct as in the reconstructed agreement - but the monthy term multiplied by the number of monthsdoes not equal the total payable!! Hegs haven't provided a statement of account - case is for less than either amount (recon just doesn't add up - like you say is the agreement for £4200 or £4600). Just about to post up my 2nd 'Holding' defence - basically informingthe court of the Claimants lack of respect for the court orders.
  15. Hi Ford, thanks for your input. I haven't done a CCA request and the default notice is short by a day or two (possibly incorrect in values by one month's payment also). I'll read up more on the Wilson case to refresh my memory. Do I need to quote case law in my defence or do I leave that for a later stage? Many thanks for everyone's input.
  16. Hi All, Well about time for an update. IND have again sent me their LBA and NOA after the last court order. Also sent a reconstructed agreement (posted below). No copy of the assignment as ordered by the court though. I have to file my defence next week, can anyone advise if I can just re-enter my holding defence stating that the claimant has not complied (no copy of assignment received). I note that the reconstructed agreement (IND claim to have filed this with the court) just doesn't add up - monthly payments x term are less than the total payable. Any pointers to include (or not to include yet - do I flag up the issue of incorrect figures on the agreement now or hold that back for later?) in my defence please. I realise the recon is only sufficient to comply with a CCA request and I should insist on the original in court (pre 2007 agreement - statute case links would be appreciated please).
  17. Well a bit of an update... Hegarty have received my letter stating I require my N244 application fee direct and not offset against the account that is subject to this claim - no responce (what a surprise). I'll keep this issue on the back burner for now - see what pans out. Today I received a court order prompted by an application made by Hegarty. Their application requested the order I had from the court for them to disclose docs should be withdrawn (in its entirety). They paid the court fee for their application (£45). The court has ordered that the order I had be amended.... The words from the first paragraph .... "documents mentioned in the particulars of claim namely" be omitted. Claimant to comply with order extended by 4 weeks, my defence 4 weeks after that. So now after Hegarty have paid a further £45 to try and obstruct the clear resolution and fair process of the case the actual order they have to comply with is... The claimant shall serve on the Defendant copies of the agreement, the assignment, notice of assignment, and [docs showing compliance with Pre Action Conduct - already sent to me]. :lol::lol: I now wait to see what their next steps are - possibly apply for a set aside or variation of their own order or just let the claim be (remain) stayed. I couldn't quite believe it when I opened the letter and took in what had actually been ordered, especially when reading what they wanted the order to be. Maybe the judges at Northampton are getting tired of these opportunistic claims.
  18. Quick update, IND have responded to my letter asking for payment of the £45 N244 fee - a credit of £45 has been applied to my account:mad2:. They also want me to be aware that they have made an application to the court for the order to be withdrawn (I guess the order for disclosure of documents). I called the court and they said the claim was still stayed - no claimant application on their system yet. I am going to wait until next Thursday / Friday and re-check with the court to see if any application by the claimant has been received. Whether an application has been made or not, I will still respond to Hegarty stating that the order was to pay me the N244 fee and NOT credit it to an account that is currently within the court system. Does my next letter need to be in the style of an LBA (as the court ordered the payment I am guessing not) or just state their costs may increase when I make another N244 application for payment of the fees incurred by myself? Many thanks for any advice.
  19. Thank you all for your posts I will send a letter to Hegarty tomorrow requesting the cost as per the court order and give them 7 days to pay or give an explanation as to why they will not. I'll keep you updated with any further developments. Again many thanks.
  20. Thanks all for your input. citizenB, Not misunderstood - a quick summary, I applied via an N244 for disclosure of docs after the claimants refusal of CPR31.14 and Part 18 requests. Court ordered disclosure of all the docs and for them to pay my N244 application fee (£45). Claimant failed to supply all the docs (only the NOA supplied) and has not paid me the court fee. Court advised that the claimant had queried the N244 court order and they need to apply using the correct application (N244 I presume - but out of time now). Court (when I called them) said the claim is now stayed. vint1954, Yes, I agree. My original N244 requested an unless order but unfortunately the court did not include the unless provision. andyorch, So do I write a letter to Hegarty (or Robinson Way? or IND Ltd?), the address for correspondence on the claim form is Hegarty. Would I be best to word it as a letter before action quoting the claim number and enclose a copy of the order for their reference with a timescale of 14 days for payment of the £45 before further costs will be added by an additional N244 application on my part for fees to be paid. One other question - is it best to leave the claim as 'stayed' or go for the jugular and apply for an unless order with strike out? Thanks for any guidance.
  21. Hi All, Quick update. I called the court today to enquire on the status of RW's claim and to see if they had indeed submitted an application to the court. I was informed that the last event was the court's General Directions Order (see post 70). The Claimant has not made any further applications... the claim is stayed So, I feel a small result in so much as they have not continued with what I know will be poor documentation. Can anyone point me in the right direction re the court order for them to pay my N244 application fee (post 52). Do I need to send them a Letter Before Action requesting my court fee and how much does it cost to apply to the court (I presume it's another N244) if they ignore the LBA. Who would I send the LBA to - RW, Hegarty's, or IND Ltd (or all 3)? Can I also apply in the N244 for strike out of the claim due to non-compliance of the courts order and include updated costs (do these need to be itemised?)
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