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Everything posted by butty_a

  1. I don't particularly agree with his method but I sympathise with his situation. I have a 2.0ltr HDi xsi which 5 months after purchase cost me £1200. The flywheel was "wobbling excessively" I think was how they phrased it on the work sheet. I am currently chasing this up with letters soon to be sent out. My clutch also had to be replaced, as the work carried to replace the clutch is the same as replacing the flywheel. As the clutch had 48000 on the clock it was advisable to replace it as it was halfway through its life. They wouldn't cover any thing as the flywheel is apparently an item that is affected by wear and tear, it may have wear plates but when its "wobbling excessively" thats got naff all to do with standard friction wear. That was an exspense that I didn't expect for another 50k miles, give or take a few thousand miles. It is an exspense that I shouldn't have to cover. Had they said from the start they will cover the flywheel and labour cost things would have been different. I could have said no, I will cover it when it goes or yes, I will pay a reduce amount now as it is earlier than expected. They don't give you that option because they generaly refuse point blank to cover anything, so you are cornered and have to replace both at the same time as its the most cost effective solution. The only real choice is to have it done and fight it later. I like the stand and he did go back, but for me its the letters then court route.
  2. I don't condone un-called for violence but she was in your home and not welcome there, you can use reasonable force to remove them and protect your family. If what your saying is right and it was just a slap then you shouldn't have too much to worry about. You also have an inherent right to self defence but again with reasonable force, she swung at you and you gave her a slap. Probably better suited to Jeremy Kyle rather than the courts unless you're not giving us the full picture.
  3. There has been a lot of interest from trading standards and the like into cold callers and home callers who target vulnerable people. Try them and consumer direct, I am sure others will be along before long to help.
  4. I thought that once they have taken the money, in this case only the postage, then they have accepted the deal. Hence why Amazon, Asda etc dont take the money anymore until an order is dispatched.
  5. Actually if ASDA had proper procedures in place i.e company phones then this issue would be less likely to happen. ASDA have turned what started as a slight grievence, which an apology and assurance it wont happen again would have resoled, into a more serious problem of not wishing to control private infomation and very poor customer care. The phones calls seem to be diliberate as they happened in quick succession each time and hanging up quickly too, a phone in the pocket or a book on a touch screen wont do that. How many times have you had to hang up after listeng to somebady's conversation via thier pocket or had long irrelavant vioce mails. Again, why delete the records? Having siad that, I dont think this will go too far but sending letters of complaints to various people and organisations trying to right a wrong can be quite theraputic and often does does some good, be it a resolution or satisfaction you have aired your views. Give 'em stick I say. If they rang me like that at 0530 and I had his name and number, a letter to his boss would be the least of his worries. Plenty of website wanting personal infomation including numbers who will phone you back at pre-arranged times. Not that I would reccomend that of course
  6. Main thing is dont drive it as it could be seen as acceptance, I had a very similar problem and after dealing with a director I got a full refund. They were very reluctant and tried a replacement of the same spec first but it would have cost them too much so they relented and gave me the cash. Just write to them your reasons for rejection, give them 7 days to reply with the outcome you want or you will take further action. Expect a little bartering/resistance at first though. The garage said to me first that they ''dont do refunds on second hand cars'', I said ''we'll see'', 4 weeks later having that same moron signing the cars v5 to take it back off me, oh how I laughed. Consumer direct are a great help as well as this site, I will try to find the letters I sent and post them later on.
  7. Most bullies only understand one thing, my kids will be told how to deal with them and I will back them up all the way so long as they didn't provoke it. Let the grown ups talk politics with ''the bullies are the real victims'' and all that tosh but let the kids live in peace. If that means they have to dish out a little justice to get them off thier backs, let them. You might not be able to pay for self defence but you can show her where it hurts, then tell her to get some distance between him and her. Schools are useless when it comes to bullying and lots of kids get in real distress when it hapens, some even take drastic steps to aviod it. So my thoughts are fight fire with fire but keep on at the school yourself with regards to what action they should be taking. If they did thier job, fighting back wouldn't even be a consideration.
  8. Have you thought about self defence lessons. It will give her some discipline and confidence, it will also give the lad a shock when she kicks him in the plums in self defence. You don't have to condone violence, just be prepared for it.
  9. Double check you haven't recieved the refund then do it all in writing. Tell you have been over charged/ over paid and you want the money back, give them 14 days to pay. Probably an oversight/lazyness on thier behalf but you have 6 years from the money being taken to get your money back. A letter should suffice in this instance.
  10. From my own use of Amazon, they dont charge you until its about to start it delivery journey, i.e going on the wagon. Regardless of this though they are responsible for it until you have accepted from the delivery man. Even then you have variuos distance selling rights should you wish to return it.
  11. Also depends how good a friend she really was? If the friendship is worth it offer to pay her back in installments, sounds to me that if you can't afford to pay her back then you probably couldn't afford the holiday anyway. As for the sister, phone the police if she carries on.
  12. I see what your saying but regulation 12 is based on incidents out of thier control i.e ''(a) where the organiser is constrained before the departure'' , not because they cant do the sums. 11 Doesn't count as it there is no price change, I think regulation 4 will help though. Descriptive matter relating to packages must not be misleading 4.—(1) No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information. (2) If an organiser or retailer is in breach of paragraph (1) he shall be liable to compensate the consumer for any loss which the consumer suffers in consequence They have effectively said the holiday will be one price and they have all agreed then after a while they have refused to honour this agreement and lowered the class, would the OP have agreed to this holiday with at that price and at the class now being offered. I think the ''descriptive matter concerning the package'' is misleading. May be pedantick as it wasn't malicious but they still did it and may sway an arguement.
  13. Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance. Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money. Hope you get have a nice trip though.
  14. Think you might find you lot elected these socialist thieves, I certainly didn't. At least Stalin or lenin didn't put up a soft front to appease the masses when they made a decision (yes I know they are communist but it is only one more step).
  15. Do what borris say's and report them to the ASA, its what they are for. Send Game a copy of the letter too.
  16. I think it was Panorama who got a copy from a government CCTV system when looking into either Data Protection or the growth CCTV its self. Seem to remember they did as a S.A.R and gave details such as time, place, descriptions of themselves etc. The website might have more info. They got the tapes they wanted aswell. I would write a S.A.R, word it strongly staing that they have 14 days etc, give as many details as possible including what was being worn by your friend. Also state (you'll find info on this in the bank letters somewhere, its about filing types and the few times they can deny you) that they cant refuse on the grounds of not being in a suitable filing system, the infomation commissioner is also a good source of info too. As you know the tapes will be clearly marked with dates etc and locked away. Some one might refute this but I'm sure they cant deny it under the data protection act on the grounds of the other customers either because thier isn't any personel data available from it and it isn't going to be broadcast. Besides, the government would have been the first to refuse access on those grounds if they could. Hope this helps and if any body else knows better then I am sure they will be along. Its what actions to take if they refuse that might get a little complicated
  17. Insurance companies are in the whole useless. Mine paid out even though it wasn't my fault, becuase it was my word against thiers and they lied about not reversing the wrong way down a one way road I lost out. The insurance companies will work on the cheapest option should there be any doubt. Mine wouldn't budge at all as it was cheaper to pay than fight. On the up side they let me keep my no-claims and reduced my next years bill. Left them after that cheap year though. Will be easier to fight if you know what your doing, as the OP has seen a brief already I suggest that they do. As for the question, the company that origonally issued the cheque I would have thought after reading 21stcentury's post because it was signed on behalf of that company by an authorised person representing them.
  18. Excellent news albeit not the way you expected, just remember the advice given could have been used, intermittant or not it was still a fault it was just more likely you would have to go to court for it. Hope you enjoy your new shiney laptop.
  19. I agree with you bookie but they will use thier stautus as expert witness to try and sway the judge. As with most disputes like this where its one persons word agianst the other it will come down to the mood of one person. They will try to prove it by using distorted figures etc. 40 a day for the wife is quite a lot as he is only using the tobbacco. Thats all I'm saying, not that it will be biassed or anything, just down to a single person and thier mood can and does determine the outcome. As he is willing to go to court/magistrates then that will go in his favour but it will still go down to what the judge thinks from what he/she has heard. We are supposed to be innocent until proven guilty but when it comes to a supposed loss of revenue for the government its a whole new ball game.
  20. The deadline for a warranty is a myth, if something is exspensive then it should last a reasonable amount of time, the same goes for something cheap, it wont be expected to last. With the writing off part, would that not get you a replacement by default. They would have to give you something in return of equal specifacation and/or cost. If this is the case I would still give them the letter. The two week to repair it on the second letter was to show you are being reasonable should you choose that route then go to court, it would give them reasonable time to fix it or tell you they can't. The two weeks for a result at the end of the letter though is inclusive of the fix time not extra, may be worth adding that if you wish just to be clear. That is depending on which course of action you choose though. As I said, I would go in for a replacement or refund but I can be quite pig headed at times. I have just formatted my wifes laptop and yes its a bl00dy nightmare having to reload every thing. Especially when the Windows disk is missing. Luckily I have my Key, just on the hunt for an OEM version of XP, Got a mate who deals with this for a living so looks like a beer will be in order if he has one I can pinch for a while. As I said though, the warranty is irrelevent. Not just because of the type of product but the fact you have had this problem for quite a while and they know about it. Don't worry about using some of my time/knowledge whatever, I give you help as others give me help. If I have missed anything then somebody will correct me and visa versa. The main thing is to keep looking around at other threads so you get the bigger picture and not just a lobsided veiw from one person opinion. I have got to go for now though, I will keep an eye on this thread and offer advice should you need it when I return, hope this helps.
  21. The Manager Comet Unit 1 Ridgehouse Drive Festival Retail Park Hanley ST1 5SJ Dear Sir/Madam Final Notice before Legal Action I have given you a reasonable opportunity to resolve my complaint; an inherent fault with my Toshiba laptop. You have failed to repair the laptop on two occaisions Dated ...., each time returning it to the manufacturer.You have failed to provide a satisfactory repair. I now require a satisfactory repair to be completed with 14 days, a refund or a replacement. These are the only courses of action acceptable which is my right under the Sale Of Goods Act 1979 as the item in question is not fit for purpose and of satisfactory quality. Should one of these requirements not be met, you will leave me with no alternative but to seek legal redress through the courts. Unless this matter is resolved in a satisfactory manner within the next 14 days I will instigate legal proceedings without further notice. The cost of this action will be added to my claim. Yours faithfully I have slighlty altered the first and adapted it for the second option of the repair. You dont need to quote specifics on the SOGA, what you have included will sufice. Just make sure you know which part of the act you wish to exercise when you speak to them. A repair is likely, a replacement is possible and a refund is hard to get. Thats why you need to have the option of court. It is clearly not acceptable in its present condition so if they dont offer you what you want express your rights as a consumer. The court is a last resort but it is there for a reason, not that Comet would let it get that far. What they may offer you though is a partial refund, this would be under fair wear and tear. If the problems persisted from early on then you could fight that aswell as it was useless from the start.
  22. Your rconsumer right over ride any warranties that a shop may offer, the warranty can only add to your rights not detract from them i.e in your case a shop may offer a replacement every time even they the least they have to do is repair it. They will probably try to push thier warranty, but this is gennerally through ignorance rather than malice. write up your letter, title it a letter before action detailing what you expect from them as per your rights and what you will do should they not fulfill your requirements. Do two copies though, hand one in to the manager that you will see tonight and then post one to head/regional office. If you are not happy for a repair then tell them that, they have had two chances to fix the problem and have not looked seriously into the problem. I personally would push for a replacement but you may want to give them a last chance for a repair. The choice is yours, the LBA might ensure a proper repair is carried out in this time. When you go in remember the basics of your rights and dont let them change track. The SOGA is your weapon of choice so keep it simple. If needs be take a copy and highlight the relevant parts for the manager to see. There is one or two other threads regarding broken laptops, could well be worth having a read through them to see how they pushed thier case along. May even have a letter template for you to use.
  23. Some thing similar happened to my dad but the difference was he has a very good job, but being a northerner he like to skimp and save. He had a recorded interview and helped for quite a few hours then let go with all the ciggies. They looked into his background i.e job/holidays. he does something similar to you, every six months he goes away for a long weekend (holiday where seperate though) and brings back lots of ciggies. they checked this out amongst other things and let him go, he even kept the interview reciept so if he gets stopped agian he will refer them to that. I think the bottom line is prepare your story(dont lie), tell them that you do this 6 monthly because it get you cheap ciggies that you can bring in legally as there is no duty free any nore for the EU and consequently these savings help fund you week in benidorm etc. All you can hope for is a sympathetic judge, I think the fact you are going to try and reclaim them will go in your favour as most people who would sell them would cut thier losses and go back out for more. The customs lot are a law unto themeselves at times and they see joe blogs on not a lot of money with a suitcase full of ciggies and just assume your going to flog them.
  24. Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this? Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead. Sale of Goods Act Quick Facts - BERR The question I think is relevant to you, the link is from the web page that I found it. Basically they can offer to repair or refund depending on the cost involved but one option has to be carried out. It has to be done within a reasonable amount of time and with as little disruption as possible. I suggest looking through the letter templates for a Letter Before Action that suits your needs, adapt it to be more specific for you, post it on here minus confidential details and one of the good caggers will advise further. Once that is done post it. They cleary are not doing a suitable repair with minimal disruption so a strongly worded letter to the head office might wake them up. If not then you can pursue through the county court for damages, you could do this first but it would look better at court if you gave them due warning first. hope this helps
  25. https://www.premiermotorauctions.co....ersley-cat.pdf Thats a link to the lastest catalogue which I am sure you have trawled but have posted any way. In it is a reasonabley detailed terms of sale but like you I couldn't find any thing with regards to your rights under the sales of goods act, or rather the lack of them due to it being an auction. The terms of sale though appear to be different from the ones you have put up on the thread but as I have said they dont give you the warning. Just a question though, with out knocking your intelligence, was the price they are after roughly 25% more than you bid, if so, fees are added after the hammer has fallen. Also, back to getting your evidence. Condition 7 in those terms of sale states that all bidding is recorded on video and audio for security reason. If you where in fact out bid then this is the infomation you want as it will exonerate you, a couple of friends who witnessed it wont be particularly independant regardless of the truth. Much easier than trying to debate the rights or wrongs of thier T&Cs, that is still an option but save that as a last resort. Ah just found this on ebay eBay UK: Safety Centre: Know Your Rights Read the part about changing your mind, ''If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back.'' The any relevant authorisation scheme I think would be the clincher I.E nothing about SOGA As they are an aution, online or not the rules should still be the same, hope this helps. Also the CPUTR 2008 give further protection for misleading practices, this includes omissions.
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