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woking

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  1. Quick update: Spoke to the seller on a few occasions but we disagree on the principal issue of who is liable to the repair cost (even though Bosch have now agreed to cap it at £95). I am moving my conversations with the seller to written format. Sending them e-mail and hard copy letter asking to pay for the repairs giving 7 days to reply but do not have much hope of resolving it with them direct. For some weird reason seller is panning to forward my correspondence to Bosch I guess my next step would need to be to follow pre-action protocol. Any thoughts would be appreciated
  2. Thanks Fienderella, I'll have look at these posts. Bosch insist it is not design fault as they do not get many reports on this issue. They have not been helpful and could only offer repair at a fairly discounted rate but still just under £200!
  3. I should be able to get copy from Bosch engineer in a couple of days. Couple of independent repair companies I spoke to were not keen on making reports. I think even independent report would probably mention foreign object which would suggest I will be at fault. Not sure if the will be strong evidence to take seller to small court. I think I'll call seller now and explain the situation probably mentioning that Bosch confirmed it is beyond economical repair, SGA and small court to get sellers view on that.
  4. Quick update. Had Bosh Engineer called out. He confirmed it was cracked drum and beyond economical repair but mentioned it was due to having foreign object probably coming out of pocket like coins. I could probably get some sort of report from Bosh but as they seem to suggest it was my fault not sure if I can get far with that report. Should I still try to go with it to the seller or try to get independent report?
  5. Thank you for your advice dx100uk. I think in my case it would be SGA not CRA as I purchased it in Oct 2014. Should I call seller in a first instance to discuss it before getting report? Maybe they can pay / arrange report to be done? Once I have report can I contact washtech via e-mail or does it have to be recorded mail? Is there specific wording you can suggest I can used to mention that claim is under SGA? I was thinking something in the lines of: I am making this claim under Sales of Goods Act 1979 amended. I believe that there was manufacturing / design fault and washing machine was not durable as required by Sales of Goods Act 1979 amended. According to several reports average lifespan of a washing machine is between 5 -15 years. (I can provide copy of online articles like this one https://www.whitegoodshelp.co.uk/how-long-should-a-washing-machine-last/ I would like you to arrange repair / replacement or refund money I paid for it. If I arrange report myself but do not take seller to small court would I still be able to get money paid for report back? Thanks!
  6. Hello Guys, I am looking for advice on best place to start with my issue. I have 2 years 9 month old Bosch washing machine purchased from online retailer washtech.co.uk which suddenly developed sevaral cracks in the outside plastic drum. Washing machine was working ok for a first year then touch screen controls started playing up and I got it repaired under warranty in October last year. No problem with controls since then but today my garage got flooded by the water during drum clean cycle. I took back panel off hoping it was a pump or waste pipe. Unfortunately external plastic drum had at least two long cracks. I understand I can try and get it fixed by retailer as it not lasted a reasonable amount time or fix it myself and then take them to small court if they refuse to pay for repairs. I just wonder if I could try to start with Bosch to see if they agree to repair it free of charge or provide some sort of report or their view on the fault? I was told by their technician that after repair they made I do not have any warranty (original warranty was running out in two weeks after they made repair). I know some manufacturers extend warranty after repair by another year. And Bosh themselves say they will give 12 month warranty on the appliance if they fix it. But I guess it is meant when you pay them or could it apply to any repairs? Thanks for reading!
  7. Just received below update from POPLA: Euro Car Parks have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge. Yours sincerely POPLA Team Thanks a lot for your help ericsbrother! Thank for sharing you knowledge and writing such solid grounds for appeal for me. I would not have manages this without your support. I've sent few quid via PayPal to help the CAG.
  8. Thanks ericsbrother, I've submitted appeal to POPLA and will update when I hear back from them. It is hard to visualise that you are entering into contract by parking to do supermarket shopping but I am getting there
  9. Thank ericsbrother, There are two signs at the entrance to the car park - one with number of free spaces and one saying it is camera controlled car park and that terms and conditions apply and need to refer to terms and conditions in car park. - Should I just include image with the first sign or the second sign that is visible when entering car park as well? - In the first image part of the second sign is partly visible if I only need to submit first image should I crop it so that part of the other is not visible? - Should I provide any other documents – copy of ECP NTK or appeal refusal letter? - I guess there no reason to provide copy of the statement showing shopping was done (redacted so that no name or address can be identified) as this is not reason for appeal? - Should I include both points from you message in my POPLA appeal as amended below of was some of it included just for my information? 1. ECP have no locus in this matter, they are by their own admission agents of the landowner so it is for the landowner to make a claim for any breach of contract. ECP may say they offer a contract but they cannot perform their part of it. ECP have quoted Fairlie v Fenton as being their authority but this makes it clear that the landlord is bound by anything they say or do so there is no binding of the parties. If ECP have a contract with the landowner that assigns the right to enter into contracts and make claims IN THEIR OWN NAME then let them show sight of it in an unredacted form so it is clear when this contract starts and ends. 2. Please find attached copy of the signs at the entrance - this is the contract offered by ECP. There is nothing in this to say that any restrictions are a breach of contract so there has not been a breach. Any other term not stated on this sign is an unfair term under the Consumer Contract regulations and the distance selling part of those regulations are not met as there is no indication of other terms, charges or costs that are not calculated or information as to how they are calculated. For these reasons it is stated that no contract was offered to consider so there can be no breach. Any other term is unlawful.
  10. It appears that Lidl would not necessarily cooperate with police and refuse to provide CCTV footage as below Facebook user found out: https://www.facebook.com/lidluk/posts/1052090894848728 But quick to go to police and provide CCTV when someone steals from their cashier http://www.gazetteherald.co.uk/news/14184580.Police_issue_CCTV_following_supermarket_fraud/
  11. Well, I was hoping I could sue Lidl for not taking my concern seriously and refusing to check CCTV video as well as delaying information on how to request copy of CCTV video with intent to cover up for themselves. With lack of key evidence I guess there is not much I can do now. I should have gone to the police. They would probably have to provide them with the copy much quicker and it would not be lost. Lesson learned. Hopefully this information will help someone.
  12. If you find yourself in a situation where you need to get copy of CCTV video from Lidl be aware that you need to act quick. They have 30 days retention policy after which video will be over written. They also have 7-10 day response policy. If you contact them via on-line form they will take 2 full weeks to respond you! Lidl is not keen on providing footage to you as it not in their interests and will cost them significantly more than £10 they are allowed to charge you for it. They will ignore your requests for copy of CCTV video unless requested as described below: Here are instructions on getting copy of the video: Should you wish to request CCTV footage, please write to the following address, providing the following: • £10 Cheque made. Payable to Lidl UK GmbH. • Photographic ID. • The store name concerned. • Description and timings of the video required. Data Protection Officer Lidl UK 19 Worple Road Wimbledon London SW19 4JS Hope it will help someone https://ico.org.uk/for-the-public/cctv/
  13. Hi Guys, Received letter with my appeal rejected from ECP on 2nd March. No surprise. Their letter seems to be quite generic. POPLA code was provided. Could you please suggest some wording I could use for my POPAL appeal? Copy of the letter attached. ECP Appeal refusal_Redacted_1.pdf
  14. That’s exactly how I felt. The fact they did not find extra cash in the till speaks for itself. Managers felt confident I will not get anywhere and really long delay in providing information on how to get copy of the video seems to be their way to cover up. I asked them for copy of video under Data protection act on 6 Jan but they only replied with instructions on 20 Jan when they knew I would not get anything I as it will be overwritten by the time they get my request. Area / store managers also knew of the issue but did not investigate in reasonable time allowing video to be overwritten. It could be simple fact that they did not want to spend money on getting this video to me as it would have cost them much more than £10 I would have paid them for getting it. But at the same time they spent £15 on getting their refusal letter with my cheque back to me by posting it SD by 9.00am!!! Good question is whether I have good chance of convincing the judge if I take them to small court… I’ll post separate thread with instructions on how to get video from Lidl under Data protection act. Hopefully it will help someone not to get caught in the same situation…
  15. Hi Guys, Need your advice on this unusual problem. Sorry story is a bit long. I’ll spilt it by bullet point to make it easier to read: 1. 23 Dec 2016 – went to the store made small purchase requested £50 cashback. Was deep in my thoughts. Felt a bit awkward at the end of interaction with cashier who started behaving strangely by completely ignoring me and started chatting with colleague. After packing few purchased items I was waiting patiently not realising what for. Felt as something did not finish - no eye contact from cashier, no thanks / goodbye. I’ve felt a bit strange and waited for much longer that socially acceptable in such situation and then left the store without exchanging a word with cashier. 2. Few day later realised I did not had my cash. As I was not out of the house since visiting store I could not have spent it or lost somewhere. 3. Waited for store to open again and went to speak with manager on 27 Dec 16 to ask them for my cashback and checking CCTV to confirm it was not given. Duty manager said he cannot view CCTV but checked till for that day and there was no extra cash in the till. He also found small receipt with my signature that confirms I’ve received cash. Signature seemed to be mine but I do not remember signing it nor receiving cash. 4. I’ve got my receipt with cashback on it. I am guessing I was asked to sign small slip confirming I was given cash and then was given my store receipt. That triggered me into thinking I got what I needed and made to forget about my cash by cashier starting to completely ignoring me. 5. I’ve spoken to customer services and same manger again who were pointing at each other saying I need to request CCTV footage and pay for it and that only store manager / area manager can view CCTV. 6. 6 Jan 16 spoke to customer services who then spoke to store manager who then checked till records again stating no extra cash was reported on that day. 7. Managed to speak to store manager in person on 6 Jan 16. Did not get much was just fobbed off making it sound it was my fault and I should have checked cash in store and they conducted their investigation. This person was quite elusive did not wanted to talk. Said nothing I can do. Both managers felt a bit arrogant almost as if they were saying good luck with that! If you know what I mean. 8. 6 Jan 16 stated electronic communication with customer services sending all above information via web form. Starting message with I am making formal request for CCTV footage under Data Protection Act 1998 confirming I am happy to pay for it. Providing all relevant details timing till number etc. 9. 18 Jan 17 sent them all above information in registered letter. 10. Did not get any response for around 10 calendar days and called them again to chase up for reply. 11. Received reply on evening of 20 Jan 17 (Friday) stating they passed for investigation to area manager. Provided instructions for requesting CCTV and how payment should be made. Advised that I need to contact police if I felt there was theft. 12. 20 Jan 17 I replied via e-mail and asked to place hold on the footage to ensure it is not overwritten as I’ve read somewhere that their retention period is 30 days. 13. 21 Jan 17 (Saturday) send request for footage as per their instructions. 14. 26 Jan 17 received letter stating request is outside of system storage capacity. 15. Chased them up for finial outcome of area manager investigation knowing what they will say. 16. 16 Feb 2016 Received response stating CCTV has now been overwritten they conducted till review and no extra cash was found. Nothing else they can do and I can contact the police. My view on that is that they ignored my initial request under Data protection act sent to them on 6 Jan 17. Purposely delayed providing instruction for requesting footage and timed it so that I have 0% chances of making it successfully and that it reaches them before 30 days retention period to cover up for their employees. I’ve seem to exhausted my option to get this resolved with the company and looking for advice on taking this further. I feel up to taking them to small court claiming for postage, petrol cost for number of trips inconvenience and original cashback. Just wanted to get your views on chance for success and some help with small court procedures if will be going that way. Thanks for reading!
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