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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

silverlady

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Everything posted by silverlady

  1. silverlady
    On 29/11/2019 I paid £4700 to have a used BMW delivered to my daughter and her husband in Cornwall, from Xhail Motors Ltd, Barking. Azim Choudray was the man we dealt with. It came with a 6 month warranty. In January 2020 the car began having problems, mainly with the electrics and subsequently would not start. After calling out the RAC, a leak was found and a new battery purchased. The car continued to have problems and the dealer suggested contacting the warranty company who asked for a diagnostic report. The car was taken to a local garage but the garage owner requested that my daughter remove it and that they would telephone her when she could bring it back. No call came she took the car to a BMW garage who ran diagnostics that found many faults. This cost over £200. The warranty company would not entertain a claim until full diagnostics had been done however the garage stated that the cost of further diagnostics would run into thousands of pounds! My daughter, son in law and myself were going through a house move together at this time, we contacted Azim Choudray and rejected the car as faulty and unfit for purpose under the Consumer Rights Act. He disputed that there had been anything wrong with the car, suggested that my daughter had spilled water on the electrics (there was still water present even after the RAC had dealt with it) and had removed the car from the local garage who were willing to repair it. (Why would she remove the car from a garage that would fix it for £40 an hour and take it to a garage that charged over £100 an hour?). He said that he would repair it as a gesture of goodwill if we returned it to him by this time the car would not start and we had been advised by the BMW garage that it was not roadworthy. Also, as he had delivered it, it was his legal obligation to collect it. I took advice from the CAB and sent a first, then a final recorded letter to Azim with the wording that the CAB Consumer Rights advisor suggested. He failed to respond and I finally transferred the car back to him via DVLA and had it transported to Xhail Motors in Barking at a cost of over £400. He refused to accept it so it was left outside his premises. I have requested Chargeback from my bank (I stupidly paid by debit card) but they have refused, stating that the dealer offered to repair the car, even though he will not allow it on his premises. Is my only option now to take him to the small claims court which will cost me yet more money? I'd like your thoughts please before I commit to this.
  2. silverlady
    Just for information, my daughter took out a loan many years ago and the bank swore that she and her husband had been present and had signed for PPI, however he was a serving soldier and could prove that he was serving overseas at the time he was alleged to have signed. She got compensation.
  3. silverlady
    I thank you so much for this reply, at least it gives her some indication of what to expect. I could not find the "grievance procedure" via the link provided but, as this is a small company and it's the owner who is doing the harassing, I feel that there is no one to whom she could have complained.
  4. silverlady
    Yes...............sorry if that wasn't clear from what I said.
  5. silverlady
    She has only been in the job about eight months and seemed to be doing really well, then she was recently sexually propositioned by the man (even though she is open about being gay) who began to bully and humiliate her after she rejected his advances. She has not taken any action, hoping that it would all die down and not wishing to jeopardise her job as they need the money. It seems to have all just come to a head and she just left, so she hasn't yet taken any action at all. I have heard that he is constantly trying to contact her on her phone so he is either worried that she may take action and wants to apologise, or worse, he wants to threaten her.
  6. silverlady
    Asking for a friend and any advice appreciated. She is on universal credit with her partner(female) and two young children and had a job working early morning shifts whilst also trying to earn money self employed (all declared). She has suffered bullying, humiliation in front of colleagues and sexual harassment from her boss, the owner of the business. She is also disabled and in receipt of mobility DLA. One of the children is also disabled. Yesterday she had enough and, in tears, walked out and refuses to go back to work. They have been trying to contact CAB for advice but are worried that she will now face sanctions for leaving her job voluntarily, although, as I understand it, she seems to have good reason and will be pursuing legal action against her boss. (Sanctions are only imposed if you leave your job WITHOUT GOOD REASON as far as I know). Can someone advise, is she likely to be sanctioned? How difficult is it going to be to get redress for the harassment and bullying? Thank you.
  7. silverlady
    Thank you so much. I have sent this information to her and hopefully it will help!
  8. silverlady
    Thanks for the replies. As I understand it, it's the last tax year and the employer has an axe to grind because she fell out with my daughter over poor working conditions, which is why my daughter left. Surely the employer would have to provide evidence? There must be a record of the tax that was deducted each month? I've told her to enlist the help of the CAB.
  9. silverlady
    My daughter has received notification from HMRC that she has been overpaid tax credits, stating that her employer supplied a figure for her earnings of £2000 more than her P60 states. She has told them she disagrees and supplied the P60 and her P45 as evidence but they say they accept the employer's statement and have sent a debt collector. How can this happen? I thought the P60 was evidence, not the word of an employer who has an issue with an ex employee!
  10. silverlady
    I finally received a phone call. I was informed that the government had given supermarkets new rules preventing them selling alcohol below cost price and that Asda took a "belt and braces" stance on this meaning that they could not sell a more expensive alcohol at a cheaper price as this would be them selling "below cost price". I suppose it makes some sort of sense, though I doubt that all Asda stores are doing the same thing and Tesco certainly aren't! He told me that he was going to check with their legal team and, to get me to come back to Asda, my next bottle of vodka would be on them. I've also had the £15 refund. I'm quite happy with Tesco at the moment, so I'm staying with them, though I don't think I'll ever be loyal to one particular store again.
  11. silverlady
    Just an update if anyone is interested to say that I have heard nothing more from Asda, neither have I had the promised refund yet! In their email they said they hoped to have gathered information by 28th and they'd telephone me, so I'll give them until next week then I'll contact Andy Clarke again. It was one of his subordinates who emailed me so maybe they need a reminder!
  12. silverlady
    I'll certainly update when I hear more...I'm dying to know the reason for this happening in the first place!
  13. silverlady
    UPDATE: I'm amazed to say that I have had a reply from the office of Andy Clarke already. They are investigating and hope to report back to me by next Thursday and, in the meantime, have refunded the £15 delivery charge as a gesture of goodwill!
  14. silverlady
    I telephoned the store to speak to the manager but was cut off. The second time I tried, I was put through to the team in South Africa and, after keeping me on hold, I was told that this isn't legislation, it's merely the store policy. She even agreed that I was lied to, in writing, on Twitter, and seemed to find the whole thing quite amusing. I didn't say in my OP, but I had been overcharged £56 in this order where they didn't deliver the alcohol. They did refund it but they cannot assure me that if I order alcohol, it will be delivered. I'm a senior citizen, not an underage drinker and I have come to the conclusion that this was done to get rid of me as a customer! I have always had great customer service but I do complain if goods are not as good as they should be or items are missing, so I can only assume that I have complained once too often. So be it! I have now ordered from Tesco. Asda happily told me that they could not refund the £15 delivery charge I paid because I have used it twice. I don't care. I feel badly treated and a little paranoid but I have sent an email to Andy Clarke. We will see.
  15. silverlady
    Thanks all. I don't mind paying a bit more for my tipple, whatever it is, I just need to know that if I order it, it will be delivered and I also don't like not being told up front when these things are going to happen. I can't find anything on Asda's website informing customers of this new rule/policy/legislation...wherever it originates. I'm going to phone tomorrow, as no one got back to me today, and see if they can give me any evidence at all, then I may email Mr Andy Clarke.....or just change to Tesco for my online shop (only I have already paid for 3 months deliveries in advance with Asda and, despite this, I'd prefer to stay with them!)
  16. silverlady
    No I spoke to the online shopping manager, and their Twitter feed also confirms that it's legislation as she told me to "go to the government website". I intend to speak to someone else about it but in the meantime was wondering if anyone else had experienced anything similar.
  17. silverlady
    The person I spoke to at the store, when I phoned to ask why they hadn't substituted, told me that it was "new EU guidance", and "government" was also mentioned, which is why I am asking. Does anyone know the legislation referred to here? If it is just new store policy why didn't they say so? I'm asking if anyone else has had any experience of this or knows about any new laws etc. Sorry if I was unclear. Thank you.
  18. silverlady
    In my usual weekly online order from asda, I ordered their cheapest vodka. When the order arrived there was no vodka and when I telephoned the store to ask why no substitute had been offered, I was informed that under new government guidelines, they are unable to substitute more expensive alcohol. I contacted Tesco and asked if this was the case with them too and they told me that they hadn't heard anything about this, and they would have substituted. I'm still waiting for a phone call from Asda to quote the legislation on this as I can't find it anywhere and surely, if it's EU law, as was suggested, all the online supermarkets would be aware? I've been given a number to call, 0800 9526060, by Beth on Twitter to discuss this, but I suspect that this is the SA call centre who knew nothing about it when I spoke to them yesterday. I'm still waiting for them to get back to me and I have always had good service from them in the past but, if this is true, I'm considering changing to Tesco. Has anyone else heard of this?
  19. silverlady
    Thanks for all the advice. I imagine she paid by debit card or cash as she doesn't use a credit card but I'll ask her. I'm aware that there is protection from the credit card company on goods over £100. I have told her to contact CAB or her local trading standards office and also to email her dissatisfaction with the appliance directly to Hoover. We will see what happens!
  20. silverlady
    Well all he's done is referred it to customer service who have already told her, no dice! She's only a small work from home business trying to eke out a living rather than rely on welfare and can't afford £100 lump sum for a repair. A Hoover washing machne should last longer than 13 months anyway...it just seems so unfair with no redress!!!
  21. silverlady
    Oh dear, that's bad news. Having said that, I tweeted to Makro about the washing machine being faulty after 13 mths and Makro not complying with the Act and one of their reps has asked for details of the sale etc. He didn't say they weren't covered so I'll wait and see.
  22. silverlady
    My daughter bought a washing machine from Makro 13 months ago so it's just 1 month outside the warranty. The spin is so noisy all of a sudden that there is obviously a fault. She called Makro and quoted Sale of Goods Act but they just said that they are a wholesaler not a retailer and therefore not subject to this law, and advised her to call Hoover. Hoover, of course, don't want to know anything about the Act and have just quoted her for a repair. So, does she have any protection at all?
  23. silverlady
    My daughter has had her WTC stopped suddenly without warning as they say that they believe her husband is still supporting her. He is a soldier and has been living at camp since they separated over two years ago. He even has a new girlfriend. My daughter is still in the army house because the council will not rehouse her. They said she has been overpaid because of this and she has sent a letter from the army to prove where he is living but they say that he is still "financially linked " with her on her credit report! I think that he hasn't changed his address on his car insurance as he still visits to see the children but can they do this? They've left her without money!
  24. silverlady
    I received my bank statements and on one was a loan of £15000 from RBS Telemarketing with a reference number. I had forgotten about this and cannot even remember taking it out now! I sent a copy of the statement to RBS and they have written back saying "Please note that RBS Group are no longer responsible for processing Tesco related PPI complaints" and giving me an address at Tesco Customer Contact centre. Why would a Tesco loan be called "RBS Telemarketing"?
  25. silverlady
    Oh, sorry for being dense. I never thought of that! The bank we had then we don't have now so, as we left them in 2006, they may have already destroyed our records but it is worth a shot. Thank you.

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