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BigAllyMac

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About BigAllyMac

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  1. Glad you eventually got it resolved jeffo489. The manager clearly knew he was in the wrong but just wasn't going to admit it to you.
  2. I'd say that their Ts&Cs are quite clear: no binding contract exists until both the customer and the SCS sales person have signed it. If your copy does not have the latter signature then therefore no binding contract exists. If you paid by credit card invoke clause 75 with your card provider, and if by Visa Debit initiate a chargeback.
  3. I suspect that you could be on a hiding to nothing here. What BA are saying to you in their letter is absolutely correct. It looks as if you booked and paid for a non-refundable ticket and therefore as BA did not breach their contract with you they have no liability and you would not be required to refund the fare paid. You are entitled to a refund of the amount of APD and taxes paid (£87) which they appear to have given you. As they say, BA cannot be held responsible for the decision to refuse entry made by UKBA, which is the sole reason that he missed his flight. Your only hope is to try for a goodwill payment.
  4. No, you are not if you refuse to accept delivery. If you do accept the box then you do become legally liable and without a leg to stand on - except to sue the sender.
  5. £12 is not an excessive charge for customs brokerage, or "admin" as they term it. It's actually very reasonable by industry standards. Who should pay it is determined by the terms of sale under which you purchased the goods but as you were required to pay duty and tax then it is almost certain that these were either C&F or CIF (Google INCOTERMS for details) and therefore you are also responsible for the clearing charge.
  6. Interesting. It could be argued that displaying these symbols informs the purchaser that they do indeed accept payment by MasterCard and that that is therefore a contract condition which 1st Choice Engineering have breeched. On the other hand.........it could be a good earner for their defence lawyer and a big bill for the plaintiff if he takes it to court and loses.
  7. Probably the Sheriff Court for the Sheriffdom in which the company are located. Google the Scottish Courts service for more information on that, as well as how to process your claim. I'm intrigued however as to what you are claiming - small claims are intended for you to recover money that you are owed, or losses that you have incurred. It doesn't strike me that either applies in this case and it looks more like a dispute over contract conditions. Any company has the absolute right to refuse payment by credit card unless they have previously contracted with you to permit it, and by your own admission they did not. The only payment they are not allowed by law to refuse is one made in Legal Tender and so I'd suggest that them asking for payment by Bank Transfer would be upheld in court. Is the simple, and probably less expensive solution, not to get a bank loan at a lower interest (10%?) rate than your card will charge (at least 18%) and then transfer the money as asked for.,
  8. Bottom line is that when approaching traffic lights your speed should be such that you are able to stop at a red light if they change to amber as you approach. Simples.
  9. Yes, arrest is automatic if you blow over the limit at the roadside. No ifs or buts about it. Even if you then blow below at the police station the arrest was still fully legal.
  10. Just spotted this thread. It's not just supermakets - I was in BHS this week and saw gents' polo shirts at labelled at £10 each being advertised on adjacent giant posters at two for £26 ! Pointed it out to an assistant who just shrugged.
  11. Can I take an opportunity to remind all Scottish members that the parking on private land legislation which now apples in England, and which is that generally discussed on here. does not apply in Scotland. We're a bit more enlightened here, as you used to be down south, and private parking companies are still only able to send what is in effect an invoice to claim payment for parking charges from the actual driver who contracted with them to park the car when they entered the car park. The registered keeper has no liability whatsoever for any parking charges, nor can the parking company compel the keeper to reveal the name of the driver. Their "parking tickets" are no more than invoices which, if you wish, you may ignore completely but the golden rule is do not make contact with the parking company or their enforcement agents in any way which may be construed as an admission by you that you did park the car at the place and time alleged, e do not ask for leniency or claim special circumstances etc. as this does confirm that you are actually liable. Can I emphasise that this refers only for private car parks such as those normally found in shopping centres, cinemas, restaurants etc. It does not apply to Council-owned and operated car parks where the full weight of the law can come crashing down on the registered keeper,
  12. My wife purchased two voile net curtains from Harry Corry Interiors. Each was individually wrapped with identical material and pattern descriptions, and the same item barcode. Through what transparent wrapping there was, they appeared identical. She unwrapped them to shorten them to fit one at a time and it was only when she went to hang the two shortened nets that it was clear the material and pattern on each was different. She took them back to the shop, who told her that (a) she should have spotted the difference before altering them. and (b) to a notice advising that they would not refund curtains if the materials were found not to match after they had been taken from the shop. As a "favour" they replaced one of the pair with a new one of the correct material for a charge of £5.00 I content that she is entitiled to a free of charge replacement under the Sale of Goods Act as one or other of the curtains was not as described, i.e. pattern name and code. In this context, the notice I referred to is surely meaningless as in effect what it says is "we do not honour your legal rights". Can anyone help with this one - is my understanding of our rights correct?
  13. You don't say why you took the item back and this is the key. If you returned it simply because you changed your mind about having bought it then B&Q were not required by any law to either accept it back or to give you a refund. The fact that they did is a plus for you and they are perfeclty within their rights to time limit the credit note. One year is in fact quite generous as many retailers limit them to 6 months. If on the other hand you returned the item because it was faulty then you were entitled to either have it replaced or to have received a full cash refund. If this is the case then you need to pursue B&Q on the basis that the way in which they refunded you was wrong and that they do have a liability to you to either accept the credit note or to give you it's cash value.
  14. A friend got a ticket yesterday in a local Focus DIY car park for overstaying a 2 hour limit and so I am grateful to everyone here for the advice which I will pass on to her. Incidentally, up here in JockLand we are at least spared the threat of clamping by private firms: our law treats it as demanding money with menaces and it is therefore highly illegal. That of course doens't stop some companies threatening it in their signs and it just goes to show how dishonest they really are.
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