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Everything posted by BankFodder

  1. Excellent well done. Please do understand that even though they have missed the deadline, if they suddenly wake up and put in their defence before your application for judgement is approved, then their defence will take priority. So although it's looking good, you can't be sure for at least seven or eight days – and maybe the whole 10 days. Keep an eye on what happens in let us know.
  2. Okay, if you are happy with that then go ahead. You are going to claim the declared value plus the delivery costs. Now draft a letter of claim. Not too much narrative. Just get to the point. Tell them what you want. Tell them that you want it in 14 days. And tell them that at the end of 14 days you're going to send them the good news
  3. The choice of defendant's name is up to you. I simply wanted to flag it up as posing a possible difficulty and say you need to make sure that you have got it right. I would be looking particularly at the documents you have – and not what it says on the Internet. You said you use an account with them so presumably you have an account if you access their webpage what does it say? What company registration details that they have on the booking page? When you are satisfied, use the company name that you discover or trading name – and also the address that is associated with that nam
  4. Sorry, what you've typed above seems to be a bit of a jumble and I'm not sure what the various bold text and coloured text sentences are meant to be. Please could you just post up what you are intending to write. Also, are you sure the DPD local is actually P2G? Who did you make your contract with? Who provide you with a receipt? With whom do you have the account? Presumably at the bottom of some of the documents you've been receiving, there are the company registration details for DPD local. If that is right then I would have thought that you should simply be suing DPD l
  5. Also I suggest you visit all of the treadmill pages on the sweatband.com website and download a copy of the page for each model and also download a copy of the instruction manual. I suggest that you do this urgently For instance, I notice that this model https://www.sweatband.com/nordictrack-t8.9b-treadmill.html makes absolutely no references to garages on the website – but the manual at page 4, paragraph 5 is unequivocal that the treadmill must not be kept in the garage. It is expressed in far more restrictive terms than the warning which is given in the instruction manual
  6. Incidentally I would also stop posting around the Internet and make it clear that sweatband.com are attempting to avoid their statutory rights on the basis that treadmills should not be kept in garages. Do this on review sites – and any fitness forums et cetera. You may be surprised at the amount of support you get. Try to get contact details for anybody and also recommend that they come here
  7. Sorry but I really don't understand why you haven't started taking action a lot earlier than this - unless you enjoy being the lead round by the nose. You can either accept their gesture of goodwill or you could decide to go for the entire amount. I think you had better decide. If you want to sue them then make sure that you understand the steps involved in taking a small claim. It's very easy but you should read around a bit to make sure you understand the journey. Then send the letter of claim. I suggest that you draft a letter of claim and post a draft up here so
  8. By and large this was predicted in my previous post. I completely agree with you that you shouldn't be required to have read the manual before you enter the contract. I think your position is broadly that which I suggested in my earlier post and your next action is to send a letter of claim – but this assumes that you understand the steps involved in bringing a small claim in the County Court and you are prepared to go ahead. There is no point bluffing. It won't get you anywhere. I think that you should rely on their so called treadmills buying guide https://www.sweatband.com/tr
  9. Thank you I've just emailed you. Check your spam folder if you don't see it
  10. Just to add, I don't know if you are a member of any of the Facebook Hermes complaints groups – but there are thousands of people on those groups all stacking up doing talk talk talk blah blah blah and nothing else. I spend a huge amount time trying to urge them to take action and they don't. If you feel like spreading the love – then maybe you could go over to those groups and tell them how you succeeded in the face of the Hermes usual rubbish about insurance et cetera and prohibited items – and how you benefited from the advice here. Thanks
  11. It's very kind of you to come on here and tell us about your experience and your success. Well done. Even more appreciated – as it seems that you've only just registered and we haven't give you any particular help to do this.
  12. It may be that gold does not come within the definition of goods for the purposes of consumer sale of goods legislation You will have to do some research on this
  13. Well I think now you need to give us the information we are asking for so that we can properly advise you. You asked for general advice before – having given as general information. Now you want specific advice – in order to do this we need to have specific information
  14. The retailer is immediately responsible. There is no need to wait for an investigation by the courier company
  15. Who is the retailer? What was the item? Where was it sent from and where was it sent to? How did you pay?
  16. I've sent an email to a press contact And one to a journalist at the BBC!
  17. Well as I said, this is really outside my experience but I really don't understand why such a one-sided term which is also calculated to negate the court rules about costs is not considered to be an unfair term under the consumer rights act. As far as I can see, the unfair terms provisions simply refer to "a contract" between a trader on one hand and a consumer on the other hand. There is no definition on consumer which suggests that it has to be in terms of buying retail services in the usual way. It simply says that they are entering into a contract outside their normal trade or pr
  18. I think that it would be helpful if you could get that point confirmed in writing from the mechanic. You will need to get a document which identifies the poor fitting of the turbo and the effect it has had on things like the gasket. Are you able to do that tomorrow?
  19. Amazing. He called on a Sunday? Also I would refuse to accept any deal where it falls to you to repay the cost of the handset. The handset has nothing to do with you. You have no obligation towards that account whatsoever. If they are really saying that they have got no more data relating to you then we are getting closer to a checkmate situation for them. What they are in effect saying is that anything relating to the handset is not your data and you are not entitled to it. Hopefully that will be confirmed when they respond to the SAR which specifically addresses the handset ac
  20. Yes please. Do let us have the name of the garage you are suing. I would normally have asked you earlier and I'm not sure why I didn't. And are you sure that the blown gasket as a result of the improperly fitted turbo?
  21. Sorry but we are doing our best to help you and I think it's unfair of you to post up images which aren't even the correct way round
  22. So they had the information before they sent off the defence saying that they didn't have the information. I suppose they will say that this was an invoice and not an inspection. I suggest that you write them a quick note and send them a copy of the invoice – and say that this is a copy of the information which was already provided to them before they file their defence and you will be referring to it during the mediation. Do that straightway by email if you can. Also, have you got anything from the garage which refitted the turbo which states that it had been incorrectly fitted?
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