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Elenathion

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Everything posted by Elenathion

  1. From Ebay: Check the seller’s return policy Before you start a return in our Resolution Centre we recommend that you check the seller’s return policy. You can review the seller’s return policy on the view item page. According to Distance Selling Regulations consumers who purchase items from a business seller over the internet, where there is no face-to-face contact between the seller and the buyer before the contract is made, generally have the right to return the item within 7 working days after the date of receipt. Some items are excluded from the right of withdrawal. Business sellers are obligated to inform consumers about their right of withdrawal before the purchase. Private sellers may voluntarily offer returns. The Distance Selling Regulations usually cover sales made over the internet, including: Buy It Now listings on eBay.co.uk Second Chance Offers on eBay.co.uk The UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk. [/url]Learn more about the distance selling regulations .
  2. How can they start the unpaid item process when the buyer has paid.
  3. For Ebay, the DSR only applies to buy it now auctions.
  4. Why should he have to wait for installments from you? Just send the item.
  5. Stop making excuses. It is your responsibility to get the item to him. If the courier company didn't turn up, you ask them for a refund and arrange another company. You certainly shouldn't have spent the money either until you knew he'd received the item. So far, you have taken his money and refused to send the item. I'd be furious if I was him. Take some responsibility for your own actions and fulfil your contract with him. Oh and please tell us your ebay ID so we can all avoid buying from you in future.
  6. Your contract with him is to send the item. He can't just change his mind and say he wants a refund before he has received it because he is contracted to buy it from you. On the same note, you have to send it to him so just send it by courier. Forget about his attitude. If you refuse to send it, you are stealing the money he paid for it.
  7. Actually if they dismiss you, your grievance should be for failure to make reasonable adjustments and unfair dismissal as a result of that.
  8. It won't take 2-3 years. If they dismiss you, file a grievance for failure to make reasonable adjustments. If this fails, consider going for an employment tribunal.
  9. Depending on the severity of your condition, your mental health problems could be classified as a disability. If so, then they should be attempting reasonable adjustments to allow you to return to work. If they just sack you without doing so then they are in breach of the disability discrimination act on the grounds of 'failure to make reasonable adjustments'.
  10. They cannot pursue any legal action as they have no contract with you. Ignore the invoice.
  11. I would send a letter to the society saying you will pursue legal action unless they reimburse you for their mistake. I would also try arguing that as they have made this mistake they have therefore breached any contract with you
  12. I would contact the bank and tell them that this was an error on the societies part and ask them to refund the charge as a goodwill gesture. Do you have any evidence that they told you to fill the form out in that way?
  13. Your contract is with the finance company. The damage was caused by the product that they supplied you. You won't be claiming under a warranty that they have sold you, you will be claiming under your statutory rights - the supply of goods act. Don't let them fob you off - any warranty is in addition to your statutory rights. In addition, if they replace the washing machine, do not sign any sort of agreement for the new one.
  14. I'm sorry but the partner definition for dwp is: "A person who is married or in a civil partnership with another or who is living together as if they are married or civil partners." Just because you share food and he contributes towards bills, and especially if you informed them of this, does not mean they can treat you as partners. I'm assuming that you have different rooms and don't have a sexual relationship - I would deny any attempts to get you to admit you are classed as partners on the basis you share food and bills. If they were looking for anything else - such as another person in the household but not a potential partner then they would be investigating you for non declaration of a non dependant. They aren't doing that as they have accepted the non-dependant living there.
  15. No it is supply of goods act (1973) not the sale of Goods act (1979) as Hire Purchase agreements are covered by the supply of goods act.
  16. Am I right in thinking that if the terms and conditions aren't provided until after you have paid then those terms and conditions aren't valid?
  17. Absolutely stick to the truth. If you lie and say you are living as a couple you could find that you could be prosecuted by HB/CTB and not only lose your benefits but have to pay back what they say you owe them. You could also end up with a caution and possibly even a prison sentence. Now if you were a couple and you were on IB, your IB wouldn't be affected by that as it is a non means tested benefit. BUT, they could still try to prosecute you for failign to declare changes in circumstances. Stick to your guns and let them investigate you. If you are beign totally honest then there is nothing they can do. Just because you have someone staying in a spare room in your house does not mean you are a couple and no amount of watching will prove that. I would however speak to the CAB and get them to help you write a letter stating that this harrasment is aggravating your illness.
  18. Okay, This falls under the Supply of Goods Act 1973 (as amended). Check this link for a letter template to send to the finance company. It is the finance company who needs to sort this out for you, not the manufacturer. Note than in this link there is a basic mention of your rights, including your right to claim damages. In my opinion you should therefore mention in the letter the damage that has been caused by the Washing Machine and state that you want the Washing Machine to be replaced and that you want compensation for damage caused by the faulty machine. Consumer Direct - Supply of Goods (Implied Terms) Act 1973 ? Hire Purchase Agreement complaint letter to the finance company.
  19. Could you clarify the situation - With you saying you got it from a finance co, is the item hire purchase or did you get credit from a store for one of their items?
  20. I just realised how short my answer was hehe. I was assuming you know what a SAR is and how to go about it. If you don't post that here, and someone will help you =O)
  21. The distance selling regulations allow you 7 working days from receipt of the goods to inspect the items and decide whether to return them or not.
  22. Your contract is with the company you obtained it from so that is who you need to get to deal with this.
  23. You could try sending a Subject Access Request.
  24. Start the Employment Tribunal process now as you only have 3 months to start it and their actions could be considered to be delaying actions in order to stop you from pursuing this avenue. If you can't afford the solicitor then don't use one, represent yourself and go to the CAB for help drafting the ET1 etc. It is a daunting process but I am representing myself in an ET and the ET staff and the ET judge have been incredibly helpful and courteous as they recognise I do not have law experience. As for the previous post, ignore it as you will not be claiming discrimination but rather unfair dismissal and victimisation. Victimisation is defined here: your rights: What is victimisation? - from workSMART.org.uk From what I've read that you have written, they are basing the dismissal on a bad reference which is a direct result of you filing and winning a grievance. This is clearly victimisation from the writer of the reference. I'm a bit confised about whether the employer is the same on both occasions though. If the employer is the same for both occasions then I would file an ET1 for both unfair dismissal on the grounds of failing to follow correct procedures etc, and victimisation on the grounds of the reference. If the employer that provided the reference is different to the most recent employer then I would just file an ET1 for unfair dismissal but as soon as you see a copy of the offending reference then you could file a second ET1 against that empoyer for victimisation. As part of the ET, they would have to provide you with copies of anything they intended to rely on as evidence, so you would get copies of the reference etc then. I would also consider sending them a Subject Access Request in order to get copies of everthing that they hold regarding yourself. Hope this has been of help.
  25. No, they're jointly liable if I need to make a claim via the courts. As I'm not doing that at this stage I'm only dealing with PCW.
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