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thedryad

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  1. Well thanks everyone for your comments and help and confirming what I already suspected, that she doesn't have a case. We're not scared of being taken to court or having a CCJ, in the unlikely case that she won.
  2. She has sent a "letter before court" and states: "I am once again requesting a full refund of the purchase price of £260 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. The goods are unused and available for collection and resale. I would like a reply as soon as possible so that I know you have received this letter/email. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs. I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction."
  3. She claims it was "misrepresented" but we disagree - is that down to interpretation? She is saying it looks different and it much much bigger than expected, yet how can she know that unless she asked for measurements of the "one in the picture" (she did not" and neither did she discuss measurements with us - my husband took measurements of the space where she wanted it to go and she was happy with what was discussed.
  4. This is the one in the photo that she said she wanted one like: 32594132_1149124068562462_1850280879008514048_n.jpg (720×960) (filebin.net) Brent_s_recycle_bin_stoage.jpg (960×720) (filebin.net) 32536325_1149123795229156_3788877912099258368_n.jpg (720×960) (filebin.net) And this is the one that my husband made for her (with a different door catch as she requested). 167827575_1069665976877262_3229074721639567461_n.jpg (639×617) (filebin.net) 167942989_354957402510468_5233977589838897115_n.jpg (640×853) (filebin.net) This is it at her house after delivery, being used! bin_storage.jpg (480×640) (filebin.net) The first picture is of the one she said she wanted her's to look like. The last three are the ones my husband made for her, the last one is of it after it was delivered to her, with her bins in it (being used). photos.pdf So, honestly, given that she had accepted that it wouldn't be exactly like the one in the original photo and that my husband had to change the design to suit her needs (given the location of where it was going to be, allow more air flow etc)..
  5. Your consumer rights when you change your mind - Which? Off premises: the cancellation period starts the day the consumer has entered into the contract for the service and ends 14 days later.
  6. Thank you. Would this count as an online order though? It was a verbal agreement confirmed by email when she paid the deposit and then of course completed the transaction in person when she paid cash in acceptance for the item delivered. By paying the remaining balance she accepted the item and the transaction was complete, am I right? she is arguing that it is misrepresented and she did not get what she paid for. But she should have said something when it was delivered and not handed over the cash all smiley and happy.
  7. Thank you. Can you clarify the grounds on which she cannot take this further (i.e. threaten small claims, trading standards etc). I am of the understanding that Trading Standards would simply advise her of her rights and that they don't take on cases.
  8. So do you mean she hasn't a leg to stand on? I meant to say too that all items he builds are bespoke and he designs them and builds them from scratch, the timber is cut to order from a local sawmill. The client said she didn't need to see design drawings beforehand. The business is literally not making any money (yearly outgoings such as vehicle running costs, tools and insurance are more than income at the moment).
  9. Hello, My husband is a self employed carpenter. He has another job too and the carpentry is a business that he hopes to do full time one day. I help him with emails and telephone calls etc. A lady contacted us at the beginning of the year as she'd seen a post on our facebook page showing a picture of a recycling bin storage unit that my husband had made. She said she wanted one a bit like that and asked how much. I explained that as the unit was built some time ago, we would need to get a price for materials in order to give her a fixed quote, but gave her an estimate. She said it was a bit much, and would one without a door make any difference, to which I replied, not a lot, but we can make a simpler design. She agreed and we went and met her and her husband, my husband took measurements of the space she wanted it in, we had a chat about what she wanted it to look like etc and she was very laid back and just said "just something that hides the unsightly recycle bins, it doesn't have to look exactly like the one in the picture" and my husband told her it wouldn't look exactly the same anyway as he doesn't make everything identical and that the one in the picture the door turned out to be a bit too heavy. So we got a quote for materials and I phoned her with a quote and she said it was too much. I came down to a price she was happy with but explained it would mean that it would be slightly less detailed and she was happy with that. She paid the deposit by BACS in order for us to purchase materials up front. One month later I contacted her and arranged for us to deliver the item to her. We got there and she was delighted, and her and her husband seemed very happy. She paid the rest of the balance in cash and was very chatty and friendly. We showed her how the bins fit in and my husband secured it into the place she wanted it. Got home to an email from her "I'm not at all happy with it, it's bigger than the one in the picture and the door isn't the same". Husband called her and she was very angry, shouting at him that it's an eye sore and that he must come back and make it smaller, to which he calmly replied that he would be unable to do as it would mean completely taking it all apart and ordering different sized pieces of timber. He confirmed that the measurements were the same as the one in the picture (we actually went and measured the one in the picture and it was actually smaller bigger than the one she bought) but she just kept saying "it's not what I expected, it looks bigger and the door is not the same". She then sent an email saying that the item is not what she expected and therefore she wants a full refund and included her bank details. Now, as I understand it, because the 14 day cooling off period ended 14 days after she paid the deposit and agreed (contracted) to go ahead, that she is no longer covered under that. I also believe that because she was happy with it when we delivered it and paid the remaining balance, that that means that the transaction is complete. I will add that we are not in a position to refund her money - 60% of it went on materials and the rest we used to put fuel in the vehicle and then did a food shop. We live hand to mouth, any money made from the business goes straight into the household. The item is fit for purpose, the measurements are the same as the "one in the photo" and match the space we measured on our first visit. It seems that this is a case of she simply doesn't like the way it looks. I have the e-mails where it states the door won't be the same and that she was happy with this. Thoughts on this?
  10. Still receiving letters from Lowell who now claim that they are OWNERS of the debt and also another debt to an electricity company that went into liquidation a few years ago.
  11. I emailed them and their reply was to apologise and send me pictures of their cat. I’m absolutely not kidding!
  12. Hi all, we live in a rural area and our heating system runs on kerosene which we have delivered when needed. The company we use have been delivering to us for years. Last year before Christmas we had a delivery of kerosene which is pumped straight into our oil tank in our garden. After the delivery was made our cat came into the house STINKING of kerosene- she was covered in it. I complained to the company who apologised and said they would speak to the driver. today we had a delivery and it was the same driver. I saw through the window that after he’d filled the tank he threw the pipe into the ground instead of putting it back on his truck properly. Imagine a petrol pump after you fill your car, a little dribbles out doesn’t it? When he’d left I went outside and there was a strong smell of kerosene, and I noticed large patches on the driveway. I checked to see if it was kerosene by touching it and smelling my hand and indeed it was kerosene. Ive complained you the company again who again apologised and said unfortunately they can’t do anything about it other than to speak to all of their drivers again to make sure this doesn’t happen. Technically now I should report this to environmental health and have a full clean up done, as we live near a river and there is livestock on the land. What can I do and where do I stand? We have animals (cat, chickens and dog) and children and I’m really upset that there is kerosene all over my drive.
  13. I’ve resent the email that I sent them on 30th December with a note saying that no reply was received but they did send an auto acknowledgement. Dear Mr. Complaint Reference: 4 I write regarding your letter dated 18th December 2019. I thank you for closing the Capital One account, which was unenforceable due to the lack of a valid CCA. I have noticed that the default still remains on my credit file. Can you please advise when it will be removed? Regarding the Eon Energy account. I have contacted Eon Energy regarding the estimated final bill. I am awaiting their response, but the account remains in dispute. The energy provider that I switched over to have now ceased to trade and I am finding it difficult to obtain the opening reading that was given to them when I left Eon Energy. Therefore, this matter may take some time to resolve and I request that you put the account on hold until a satisfactory conclusion is reached. It is my view that I am owed money by Eon and not the other way around. With regards to the JD Williams account, I still do not acknowledge any debt to the company as I have no recollection of any dealings with them, and the documents you have provided are not acceptable proof of any alleged agreement or debt. The document provided does not have a signature or a date, was clearly not signed and returned, and is not a TRUE copy, incomplete, and the back of the page is blank. Therefore, I am advised that it does not constitute a valid CCA. I made payments to Lowell in respect of the alleged JD Williams account because I was ill advised and frightened into paying when I received letters from you, and, as you will know, as you have on your records, I was suffering from depression and had been on medication. But, now I am better informed, I am advised by the Money Advice Service that this does not constitute acknowledgement of any debt to JD Williams. Once again, I dispute this alleged debt. As is customary, please conduct any correspondance in writing by post. Kind regards, I sent it to them which they forwarded to JD and JD sent them the sorry excuse of a CCA. i also sent them a SAR which proved nothing.
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