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nuclearshark

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Everything posted by nuclearshark

  1. Was purchased using my Amazon Account. I gave my Dad the amount by BACS transfer to his account and then he used his credit card on my Amazon Account. So the whole order and delivery process etc is in my name.
  2. I made this post in November 2016 - http://www.consumeractiongroup.co.uk/forum/showthread.php?471630-Amazon-Marketplace-amp-DHL-Hell Regarding a faulty ASUS Laptop. The replacement provided by the Amazon marketplace seller was later discovered to be missing a 600.00 part (Samsung 2TB SSD Drive). The seller was contacted immediately and they have decided to do what they do best and ignore me. The advise given to me at the time was to make a Section 75 Claim against the Credit Card company. Sadly my parents refused to assist with this and it's caused a breakdown in our relationship. I have therefore decided to make a claim with Amazon UK under the Consumer Rights Act 2015 and have drafted a sample particulars of claim. Could I have some advice on my PoC and anything I should add, remove or change? Many thanks for reading and I hope someone can advise me appropriately.
  3. Just a quick follow up. After sending an email to the Chief Executive I received a phone call from Uber. They have agreed the situation was a poor experience and that it should never have happened. They also agreed that if the situation was the other way around I would be liable for cancellation fees and that was unacceptable. They have refunded the £5.89 journey fee for the journey and are following up with an internal investigation to see if they can refund the £8.95 Whilst not 100% what I was after, I feel this goes a considerable way to resolving the issue to satisfaction.
  4. I've had some success with Implied Rights of Access Removal notice. There is a template for that in the CAG Library somewhere. As someone with a Mental Health Condition I have had the (un)fortunate experience of coming across those members of religious groups with extremist views that believe Psychosis / Schizophrenia is merely a Demonic Possession and cannot be aided by medication. A view in my mind that is on the side of dangerous, exploits the vulnerable and is frankly asking for trouble. Fortunately I'm sensible enough to know if I stop taking my medication then bad things will happen. My ex partner also had a JW with similar views in the family who announced during a family gathering that unless I was cleansed she would leave that instant. Of course she was not counting on partners Mother to reply "Bye then" In my notice I explained I no intentions of making an appointment with any organisation that harbors sex offenders, claimed a medical diagnosis was inaccurate, brainwashed the most vulnerable. Also that if they continued then they should attend by appointment only and they have a Police presence to ensure their safety and no breach of the peace. Never had them back since then and that was 2 years ago... I wonder why A friend of mine also said sending their leaflet back in an A4 sized envelope without a stamp with the address it came from kindly explaining they were returning their lost property works after a few attempts.
  5. Sadly where I live they do charge more than an Uber after 22:30 - The journey home costs around £6.00 with an Uber and a local firm charge at least £11.00 and on 2 - 3 occasions the drivers have tried (and failed) to overcharge. Not to mention there is only 1 large firm open in the evening here and their controller is useless and has caused me to miss 3 trains this month alone. That said on 2 occasions where I had a booked train only ticket they did reimburse me the cost of the rail fare. There is another company who are very helpful but they don't open in the evening on Friday and Saturday and all day Monday. I've started using this firm when I can and I always get the same driver which helps. With regards to Uber. I don't particularly want to give them my business at all after this. Infact I'm dead against it. However I do need to make the best of a bad situation. In their last email they've told me I've reached the highest level of customer support and invited me to commence legal proceedings if I'm unhappy with the outcome. That said their most recent email really does say it all. They can charge us a cancellation fee if we don't turn up. However when they don't turn up it's tough luck... I'll probably have a rant to their CEO and Trading Standards. I also paid via PayPal so I am tempted to chargeback the amount paid for that journey and see what happens. I can see your viewpoint that it's bizarre that I would use Uber again after this experience and I do honestly question myself for considering it. However there is a certain airline and railway company who's names I won't mention who have left me in even worse situations. To this day I continue to use both as I don't have a choice if I need to get to the areas they serve.
  6. Hi Honeybee, I wanted Uber to cover my costs of a wasted takeaway meal after leaving me stranded for 1 hour and to offer the cost of the Uber that eventually picked me up. I'm happy to accept the hit of the £5.89 fare as I'd have paid that anyway. However having a takeout meal that I then had to throw away just seems like a sour deal to me. That amounted to £8.95. I'd feel much more like that took this seriously than just being palmed off with a template email. NS. *editted to add, I'd also like Uber to blacklist this driver from my account so I don't have my jobs allocated to him in the future.
  7. I've made a complaint with Uber and requested a copy of their complaints procedure. They have refused to provide it thus far claiming it's an internal policy document and cannot disclose. With regards to my request for compensation for delay and cold meal. They have written this and I quote verbatim: Now I don't know about anyone else... But that says it all really... This has (for me anyway) done the exact opposite and made me feel like they've brushed the complaint to one side. I agree it's probably more effort than it's worth. But I want to continue this through on the principle that if I was a customer who failed to turn up, they would no doubt charge me a cancellation fee or some other form of admin fee. So should the customer be paid compensation for a no show? I think that's fair and i'm not asking for 100s of pounds. So should I complain to Passenger Focus or Trading Standards? Using a local company is indeed an option however I try and avoid this as they are just as unreliable and their controller is irritatingly unhelpful. Not to mention they are also 3x times the price of an Uber after 22:30. But there is that saying of "You get what you pay for" The town I used to live in (having only very recently just moved) has an excellent company who always went out of their way to accommodate. Had I have known what the local company here was like, I almost certainly would have reconsidered another town.
  8. Hello folks, Apologies in advance if this is the wrong sub forum for this. Please move if it's in the wrong place. This evening I hired an Uber after seeing a film in a local Cinema. The App advised me a driver was 20 minutes away, which was plenty of time to grab a takeaway to eat when I got home. The driver accepted the job and knowing the takeaway takes 9 minutes to process my order thought it would work out perfectly. 20 minutes came and went and then I had a phone call from the driver telling me he was not willing to do the job as he wanted to go back to the city he was based and was "not prepared to do the job if he had to drive 10 minutes in the opposite direction for a 7.00 Fare" Whilst I can understand the business sense in that having run my own IT Business in the past, I was left at a loss as to why he took the job to begin with and then choose to wait 20 minutes until telling me he wasn't prepared to do it. If he didn't want to do the job he should not have taken it to begin with OR told me straight away! On the phone the driver was incredibly rude and I did try and say he made an commitment and he needed to honor the journey. just like if I buy a train ticket, the rail company must get me to the destination on said ticket. However the driver was having absolutely none of it and hung up without an apology. After much frustration with the App an Uber appeared from nearby and collected me but this was some 40 minutes later and by which time my food was completely cold. As I did not have a plastic knife and folk I couldn't eat my food while waiting. Needless to say I am disappointed with having to wait nearly an hour for a 2 mile journey, and getting a cold meal and wish to make a complaint so the driver is educated not to take jobs he's not prepared to do. I also would like my account set so I don't get that driver again. However I'm struggling to find where to start with a complaint as Uber's complaints procedure seems very unclear to me. I've found a place to "Report a Serious Incident" however I wouldn't deem my issue to be serious compared to an accident in their vehicles or worse... Ideally I'd like a refund for the journey and compensation for my cold meal which amounts to 5.89 and 8.95 retrospectively. Do you think this is reasonable and where do you advise I should start please? I want to be clear I'm not after masses of compensation. However as someone who cannot drive due to disability, It is extremely frustrating to have to rely on services such as Uber or local Taxi companies who are not prepared to honor their commitments. Could anyone advise me what they think would be reasonable, give then above situation and circumstances? Thanks, Shark
  9. Landlord came yesterday and seemed reasonably happy with everything. He wants me to replace a broken cabinet in lounge (Door has crack near the handle) and a fridge pocket where the handle has snapped. Both things seem reasonable to me. He mentioned he was repainting the property anyway so I wouldn't be liable for the odd scuffs here and there. He did try and threaten a £50 charge if he couldn't gain entry for a visit though... Yes deposit is in a protected scheme, think it's DPS from memory.
  10. Thank you both. My main concern was passing on the infection and getting grief from the LL for that. I also do not feel fit enough to potentially sign documents if this was required. I feel a good opportunity could be missed if I abort the visit as I won't fully understand his expectations. I'll invite him to proceed but will make it clear that I won't accept any fault or liability if he picks up the illness...
  11. Hi All, I have served notice to my landlord to move out of my apartment on 01/12/2016. There are no arrears and everything is up to date. My landlord however wants to do an inspection on 14/12/2016 which is over 2 weeks before the tenancy ends and I feel will not truly represent the condition the property will be in before handing the apartment back to him. The reasons given by him for doing this are to get an assessment done for trades people to fit there schedules and to prepare the property for the letting agent. This is all very well and good but the landlord has said if they cannot gain entry they have said the following and I quote "It will be a long time before you can get your deposit back if at all" The LL requested access on Monday for the pre-end inspection. However I advised I am currently harboring a contagious condition, which I have had 6 courses of antibiotics to treat, been struggling with for over 2 months and it's still not close to gone. I also have extensive medical history and take various medications for my ailments nearly all of which cause some form of drowsiness. I am also classed as a vulnerable person. I have said to the landlord that I am harboring this condition and that it is contagious. I have not had any response since then despite a reply the same day. I have chased him up today and still no response. I could absolutely evidence that I've had several hospital visits in the last 3 months for this condition. During the weekend I was involved in an accident, my arm is in a sling as I cannot use my left hand at all. So as you've probably gathered I'm not feeling too social at the moment. I am aware that he probably has the right to enter in these circumstances, But I feel the inspection won't be a genuine representation of the condition of the flat after I leave. I plan to repair some things which have broken overtime and deep clean the property as I have lived there for 4 years. Can anyone suggest how I should approach this please? I don't want to make out that I'm using these ailments as an excuse to deny the landlord entry. I'm actually thinking I don't want to pass him the condition. But threatening the deposit if he can't get in? Really?! Seems a little unreasonable if you ask me. Thanks again in advance for any advice
  12. This is a long story but I'll try and keep it brief and you can ask questions as needed. In November 2015 I purchased an ASUS gaming laptop from an Amazon Marketplace Seller. The product was brand new but was shipped to me from the US. The company however were slightly misleading by having UK in their name. The laptop developed faults within days of arrival and I asked to send it back for a replacement. The company were only interested in doing a repair on the machine and insisted on remote troubleshooting first. I worked in IT Management for 5 years and had serious problems trying to explain that the fault with the laptop was a Network Card issue so any remote troubleshooting would fail. It's second problem was keys falling off the keyboard. No amount of remote support will fix that in any way shape or form! Fast forward and I sent the laptop off to be repaired as I gave up trying to fight a replacement because the company were not interested. This is the first problem I had. The seller refused point blank to pay the return shipping charges despite amazons policy being extremely clear that the seller was responsible. The seller wanted me to pay 99$ to them for the label. In hindsight I should've have done this but claimed a chargeback immediately for breach of Consumer Rights Act. Instead I choose to pay DHL around £100 to send it back to their repair center. The laptop was packaged in its original packaging, wrapped in bubblewrap before being sent to them and then the external box being wrapped in more bubble wrap, brown paper and all over that with brown parcel tape. The laptop was temporarily seized by customs because DHL did not attach the correct paperwork. This was resolved within 48 hours and the laptop sent on its way. While the laptop was within DHL's care, they somehow (no idea how...) damaged it and it arrived with 2 massive dents in the side of the screen panel. I was advised by the seller the state in which it arrived and being proactive asked for a quote to repair the damage on 16/10/2016. DHL Insurance then contacted me on the 19/10/2016 to request a quote to have the laptop repaired. The seller then wrote to me on 20/10/2016 asking how I wanted to proceed. They had not issued me a quote. I replied around 1 hour later the same day (20/10/2016) asking for the repair quote. I heard nothing. I contacted again on 31/10/2016 & 02/11/2016 and nothing still. Not a sausage! I then frustrated wrote to Amazon and asked them to intervene. 3 agents (have this in writing) said I would be refunded. Amazon then said that I would no longer be receiving a refund and would need to resolve the matter with the seller directly. I can understand 1 person making a mistake... But I was promised a refund by 3 people and thought the matter was coming to a close... I then made a complaint with The Better Business Bureau in the US to try and poke the seller. My complaint was sent on to the seller. I also requested a refund on the delivery charge on 05/10/2016 and that email has not even been acknowledged. All of these emails took place on the sellers ticket support desk so I know for a fact they have received these communications. Bottom line of this is I want the laptop refunded or replaced, also to receive my delivery charge of £100 back as the seller has clearly flouted Amazon's policy. Then amazon tell me their policy say my claim deadline has expired... How ironic... So the seller can ignore but not the buyer... Amazon said I could do a credit card charge back, however my Father paid for the order with his credit card as the order was coming from the US and my credit card limit wasn't high enough to pay for the order. However he is very very reluctant to pursue a Section 75 Claim against the credit card company... So I really don't think that is an option. Can anyone advise what I can do here please? I'm thinking pursue Amazon in small claims court as they have a responsibility for the sale and cannot enforce their own faulty goods return policy. I have photo evidence that the laptop was indeed faulty (keys not attached to the keyboard) I also cannot proceed with the claim with DHL because they need a quote for the repair which I am unable to give them... So any help would be received with gracious thanks
  13. All I've had are emails saying "We are suspending action till next week" The advice generally given is offer to settle by DCA = bad debt / unenforceable need to find the reason why. Whilst you may want to settle for £300 I would certainly not part with any money until you are 100% sure they own the debt. You need a copy of the NOA and statement of account. I'm ignoring the emails I get from them till next week In all seriousness, a 75% reduction is a significant reduction and my personal belief is that won't go anywhere near a court with an offer like that. Open to correction of course. Also do your Noddle and check if they've put back the account on there.
  14. And another received today for good measure...
  15. Just saw this in my spam box... Am tempted to provoke and ask for a Notice of Assignment but I doubt that will product anything useful...
  16. I've put in an application for Water Direct this evening online, Hopefully this will be relatively straight forward. I've advised that I would like to deal with the debt from the previous address separately and not to include this. Whether they do or not doesn't particularly worry me. But at least with Water Direct I've stopped the situation escalating any further than it already has. I'll advise what happens over next week or so. Thanks again for the responses folks
  17. They are the supplier for the property I lived in from 2013 - 2014. However there were discrepancies with the meter as the property was a new build but was the showhome, so the account was held by the builders for a while. They wanted to transfer these arrears over to my account at my new property I've lived at since 2014 Co tenant was 'supposed' to be taking care of the bill but never did. They moved out before the tenancy ended which is when I discovered they never paid any of the bill at all Rental, joint tenancy agreement. Tenants responsible. I paid gas + electric. They paid water and council tax but never did on both counts.........
  18. I moved out of a property in April 2014 which I was sharing with another. They advised me when we moved in there in 2013 that they would be taking over the water bill. However this was never the case. When I moved into a new property on my own, wessex water wanted to transfer the arrears across even though I was advised it would be taken care of. I disputed liability for that debt and explained that I would only be willing to pay half of the amount charged and they would need to pursue the other tenant for the remaining half. Although met with resistance this was agreed upon. This is where I was sent a pack to fill out. That never turned up. I chased it up a few times and was told they had sent one so would be sending another. This brought us to the time where I was hospitalised due to requiring significant surgery from which to present day I have never fully recovered, has left me with several permanent complications and general bitterness. My medical conditions also causes me to use copious amounts of water due to using the toilet alot. I don't have the exact amount owed to hand right now, sat on a train at the moment. I'm also not looking to avoid or offer excuses as to what happened. It is something I want to resolve. I have no issue paying what I owe. I've also discovered at a youth center I volunteer at there are several of the packs from Wessex Water so I am tempted to collect one tomorrow and fill it out, send off recorded delivery with a token payment.
  19. Around 2 years. I had notified them of my position both medically and financially. I was told to expect a pack to be sent out to complete and return to them. The pack never arrived. Contacted them again numerous times and this pack just wasnt materialising. Needless to say I got tired and felt ignored so I started ignoring them. With hindsight that was an unwise decision I agree. I'd be happy for them to deduct from my benefits, I've no issue with that there. But the DPA issue has really got my back up. Should also point out that they've threatened to take me to court on numerous occasions over that period and never done so. So should I be adding that to the complaint also?
  20. The code of practice at that link gives me a 500 - Internal Server Error. That just the awful bus WiFi or should I phone them tomorrow and ask for a copy via email?
  21. Thanks for that, yes I agree, research shows they're BWBS Ltd. Here is the card they left. I'll make a formal complaint tomorrow lunchtime. Anything particular I should add to the complaint?
  22. Had an issue over a water bill for some time which has resulted in non payment. Due to my somewhat poor state of health I've not had the energy to deal with things as well as I could do. So I've done the worst thing possible and ignored it until today. Searchlight Collections attended my property this afternoon. I was not at home at the time. The agent spoke to someone who came to my property to collect some belongings, they do not live here. They are a completely different gender to me also. From what I've been told the doorstepper had the cheek to ask for me and state that I owed money for a water bill and to make contact with them. They left a menacing looking card with a box ticked next to "An application for a bailiff or HCEO to seize possessions" ... I have nothing of value, I don't drive on medical grounds so really that course of action is not going to end well for anyone. They are also lacking a defaulted CCJ against me so I don't see how they could even do this without one! They handed this over to the girl at the property and left. They did not enter the property at any point. I received a phonecall from the lady in question and said that if he'd not gone to politely tell them that I was busy and not to be disturbed. Needless to say I'm rather angry that this clown has breached the DPA in this manner. Therefore I want to follow that up. I've no interest in discussing the account with Searchlight. I'd be happy to speak to water company directly however and get the billing issue resolved. How should I proceed in this? I don't want any compensation as such. However I do want to raise the pulse-rates for them a little bit. Thinking a letter asking them what they were doing and copy of their complaints procedure? Then threaten the ICO but actually raise the matter with them anyway? Tyia
  23. Hi Slick, sorry for my delay in response also. I will answer your questions below: No. I was unaware this was possible at the time. I didn't realise that I could have appealed the decision or it was poorly explained to me if they did say it was possible. This is due to medical conditions as mentioned earlier in the thread. Whilst I hate to use this as an 'excuse' it is nevertheless true. Multiple hospital visits and inpatient stays occurred throughout 2013 - 2015... Well I am entitled to fee remission so in essence I was going with the method of nothing to lose and potentially alot to gain. But of course I don't want to be seen exploiting the process in any way. With regards to the court claim, would it fair to say that in truth if I did not claim interest that the statue of limitations could be a fair assessment? (Apologies if that sounds too American) What do you suggest please?
  24. I think section 5.1.1 BCOB would be a good start. Unfair treatment by levying charges on charges. For example, forcing the account beyond it's limits by taking their own fees and thus charging me further fees by doing so. The fees were disproportional to the costs incurred by Barclays My account had the ability to have an interest free overdraft up to £1,000 subject to status. Barclays decided I WAS NOT elidgeable for this part of the package, but decided I was elidgeable for a paid for and very costly Personal Reserve of £150 Had Barclays applied £150 interest free overdraft on my account, I would not be pressing for unfairness and likely accepted the odd bounced DD fee as experience Barclays did not act on their requirements of the FOS at the time and the personal reserve was removed some months after closure of the case with the FOS So focusing on claiming back the charges based on unfairness of being elidgeable for a "paid for product" when the same amount of credit should have been granted on the interest fee option, thus not causing a massive cycle of astronomical charges. What do you think?
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