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  1. So Xbox support came back to me with the expected decline of my request for the refund. They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy. So I've now had three refusals to refund for two different reasons. I think I now need to show them we are serious and send them something more formal. Would this be a letter of claim or is there anther step before that? I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...
  2. Thanks for the response - it is a shame that such things can't be deferred for a bit longer but as he now has his own prepaid card card for making purchases and receiving pocket money, its likely to occur more in the future I fear! I'll wait the 72 hours or so they give themselves to respond to such requests and take it from there, thanks again!
  3. My son made a purchase of digital content through the Xbox Store using his Microsoft account credit, however the digital content did not materialise on to the game it was for. He submitted a refund request to be told he had 'exceeded' the amount refunds allowed in a year... which was 2. We submitted another refund request on the basis that if goods (even digital) are not delivered, they should be refunded, regardless of the amount of times it has happened previously. The 2nd request was also declined. We've submitted a 3rd request today which I'm expecting to be declined again, however for me this behaviour does not seem either fair nor legal to decline a refund in a reasonable situation where the goods have not be delivered - regardless of how many times a refund has been granted in the past. Can anyone point me in the right direction as to how I can take this action further? The monetary value is low (£7.99) but to a 12 year old who has spent his (earned) pocket money on goods that are not received, its the principal of standing up for himself when something is not right (at least in our eyes). Does anyone have experience of this kind of practice of online digital content providers applying a blanket refund policy without actually considering the validity of a refund? Hoping you can help!
  4. Yes, it looks like that is my only recourse available in this case - personally I think they are being unreasonable but I suppose I am a bit biased! I'll send a complaint to the Ombudsman and see what how it pans out....
  5. In hindsight yes I should have taken a full survey, but at the time of viewing I felt comfortable that the property was sound. The damp isn't major and it can be treated so it's not a 'terminal problem' but if it had been picked up I would have insisted on it being rectified prior to completion. I fully understand that the decision to buy the property in it's current state (sold as seen) was mine but I did so on the basis of the information provided to me. I asked a direct question and received a direct response, not an ambiguous one or one that left me any doubt as to the situation. If the seller had stated "unknown" or "cannot say" then I would have had to make a choice on how to proceed. The conveyancing solicitor have advised this is not somethign they can help with as completion has occurred and is seen as 'after the event', they advised to seek advice on litigation....so here I am I think I do have a case, but no sure how best to approach it. Obviously I don't want to foot a large legal bill and nor proceed unless my claim is sound and likely to succeed. Also, as I feel this should have been disclosed I don't want to feel like I've been 'done over' on this one. I did write to the vendor and the address given to me by the conveyancing solicitor which was on the contract asking them politely to enter in to a dialogue with me on this matter but they have not responded, so I can assume they will not want to sort things out amicably or directly. Should I go to a solicitor on this or can I make a claim myself - also likely costs involved would be appreciated (the cost of works should be less than £1k including all materials etc by a professional) ?
  6. I recently moved house and have noted an issue in the new property that I feel should have been disclosed to me during the conveyancing process and as such puts a liability on the vendor to make good – I’d appreciate some help and advice on my position here if possible. During the conveyancing process I opted for a standard valuation as I felt the property was ok and was more or less aware of the things that needed doing. There wasn’t anything I noted that required my attention. The part of the property in which I have identified the issue is the garage which is adjoined to the house by way of a ground and first floor extension (the hallway is extended at ground level to almost mid garage and a first floor bedroom is extended to the same point across the roof – no internal access). The issue is that there is penetrating damp from an adjoining property. When I viewed the property (twice) the garage had things in it which would have prevented me seeing any damp spots. The garage and property were cleared by the vendor before completion. During the conveyancing I raised an inquiry via my solicitor asking “is there any damp in the property?”. The response which was received from the vendor solicitor on their headed paper was “the property does not suffer with damp”. Clearly is does, and it appears to have existed for a while. My question here is what is my position and how can I progress this matter to get the vendor address the issue. Had they not stated what they did, I feel I would not be able to challenge this point but as they categorically stated there is no damp I feel they are liable. At this moment in time I have written a letter to the vendor advising her of the issue and my position. I did state that I hoped we could open a dialogue to come to an amicable resolution and asked for the thoughts and comments on the matter. I did propose that they settle any cost for resolving the damp too. Any help and advices would be greatly appreciated Merv
  7. I’d appreciate some help and advice on my position here if possible. I recently moved house and at the same time changed my mortgage arrangements. At this time I had a HSBC mortgage and then took a new HSBC mortgage for the new property, with the old mortgage being settled as a result. HSBC has charged me an early repayment fee on the original mortgage citing their Ts & Cs. Initially I raised a complaint about this over the phone to which I received a response in writing. Subsequent to this I have tried to enter into a correspondence with them asking them to answer 2 questions which are the basis of my complaint. They responded to this letter by referring back to their original response and not answering me and referring me to the ombudsman. I’m feeling pretty aggrieved having personally been a HSBC customer for 19+ years, having x3 current accounts, a credit card and most recently a mortgage (with the all accounts are in good credit) – also not least of all their dismissal of my last correspondence which is not least of all very rude and poor customer service. I would like to some help & advice on my position if possible on the following 2 points: 1) 1) The original Ts & Cs state that if I redeem the mortgage within the specified period then early repayment fees are applicable unless I take a new HSBC mortgage for the same amount, term and rate. It also seems to imply that the new mortgage should be the same product type (i.e. fixed, discounted) but to me it does not 100% read this way. My new mortgage is technically a higher amount, longer term, higher rate but a different product. Is there any movement on the Ts & Cs or how can I challenge this. 2) During the mortgage application process (online) there was no alert or warning to advise of the possible charge being applied if I did not select a similar product (even utility and other service providers would do this). Post application I received a letter stating that the original mortgage had received a redemption request from the new mortgage and that the amount was satisfactory to cover the balance. The balance of the account was stated with no fees included and no warning of a possible charge for early repayment. 2) 2) Lastly, during the conveyancing process, the solicitors acting for me were sent a redemption statement. This statement was not sent to me by HSBC nor shared with me by the solicitors – the solicitors provided me a completion statement which showed the net figure to redeem the mortgage but not an itemisation as sent to them by HSBC. My questions here is should HSBC have alerted me to the possible charges and provided me directly the itemisation of the redemption including the fees and as such how can I challenge this? As a note I had another mortgage with the Newbury before moving to HSBC and they provided both me and the solicitor with a redemption statement. Any help and advices would be greatly appreciated Merv
  8. Hi Kraken1, hopefully it will get sorted. The reason I quoted the latent damage act was due to the info given under a posting/campaign on the Vauxhall Owners Network about Meriva EPS problems (cant post a link yet). I'm not sure what to POCs should contain to be honest, just cobbled it together from another expample I've seen elsewhere for a different situation. Hopefully I wont need to revisit this but would appreciate your elp if I do. Many thanks. Merv.
  9. I have received a call from Vauxhall today to take the car it to have the work done. Because of their delay I wrote to watchdog and the local press to tell them about the experience so far but hopefully if Vauxhall come good I wont need to persue this any further.
  10. Hi All, looking to submit the claim on 20th/21st of this month. Can anyone help or advise on the POCs?
  11. Hey peeps - hopefully you can help? Can you review my draft Particulars of Claim and advise if they need changing or tweaking? I'm wanting to submit my claim asap. Thanks: "1. The Claimant owns a vehicle, registration mark XXXXXXX, manufactured by the Defendant circa 2006 2. Since reporting a common known fault with the vehicle the Defendant has refused to address the matter reasonably or responsibly. 3. The Defendant has received a detailed correspondence regarding the vehicle fault and is aware of a known issue regarding power steering. 4. The vehicle power steering is not fit for purpose and can be considered dangerous. 5. The power steering is required to be replaced and is covered under the Sale of Goods Act & Latent Damage Act. 5. Claimant seeks: an amount of money to cover the cost of repairs to make the vehicle safe - £XXXX; 6. Permitted costs."
  12. Hi rebel11, You seemed to have moved the thread to 'debt problems' - surely this is the wrong place? Regards Merv
  13. Hey all, I have a Meriva that is suffering with the well known EPS problem, however after trying to get Vauxhall (both dealer and Vauxhall themselves) to address it they have failed to do anything. I wrote to the dealer and had no response and sent a copy to Vauxhall who acknowledged the letter but have also failed to reply (despite their statement in their response that they would!). I've pretty much had enough of them as a company and am 2 days away from submitting a county court claim for the cost of the work needed so I can get it sorted. I need some help please with the particulars of claim with particular refernece to the Latent Damage Act 1986. Can any one help or advise where I need to post this request? I'm also going to write to Watchdog and the local press on this and tell them about the poor/no response from Vauxhall - hopefully they will get a another shaming on national TV!
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