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Everything posted by miniconverter

  1. On 22nd January this year I was involved in a minor accident. Whilst moving slowly in traffic a van ran into the back of my car. The van can't have been doing more than about five mph as I came to a stop. At the time of the accident the other driver refused to give any details of himself or the company he worked for but gave me a mobile phone number of who he said was his boss. The following morning I rang the number and tried to explain what had happened but a very angry man at the other end just kept telling me to f***k off. I reported the incident to the police and the van turned out to belong to a lease company but the lease company couldn't supply details of the driver. The police issued a notice of intended prosecution which resulted in the details been given. In the meantime my insurance found out who the van was insured with and contacted them claiming they where liable for my damage. My insurance agreed within a couple of days to repair my car but I would have to stand the excess of £350 till liability was sorted. As the car was still drivable I said I would wait till liability was sorted. Now over three months later this is still not sorted. My insurance have said they can't do anything until the other insurance admit liability and can't take them to court unless they have a financial loss so would have to pay the excess and have the car repaired first. I therefore spoke to the other insurance company and they have confirmed despite asking three times for an accident report form from there client they have not done this. They have told me they wont deal with it till there client fills in an accident report form. So everything is dead lock unless I have my car repaired and stand the £350 until it is sorted if it ever gets sorted and risk losing some of my no claims bonus. Any ideas what to do next as it seems to me the insurance have a policy of ignoring and hoping it will go away?
  2. It looks OK to me but I would just see if somebody better at letter righting than me comes along and gives there comments.
  3. I would have a look on some of the Mercedes forums as I believe there have been corrosion problems on a few of there cars but am not sure of which models and at what age they are affected
  4. You have obviously been reading my thread about Comet so hers a copy of the initial letter I sent to them. This is to give you some idea of what to put but I don't mind if you copy relevant bits. When you have compiled a letter post it up on here and I am sure somebody will have a read at it and offer advice If you are going to threaten court action you must do it if they don't sort the problem in your time scale. Do not back down You could also have a general look round on this site to get a bit of knowledge about taking court action, it's not really that hard just requires a bit of careful planing a bit of time and some patience Mr Miniconverter Our House Shefcaster near Doncasfield SD1 2BC 06th January 2009 01142898989 07852898989 Dear Sir On the evening of 5th January 2009 I visited you store with an Acer laptop which has a fault on the disc drive. I was informed by a member of your staff called Chris that I must take it away and download a program to repair the fault and your company could not accept it for repair as Acer would not collect it until they had authorised a repair which in the circumstances they would not. You where also unable to give me details of the web address where this program could be found or any other details of the download. May I at this point remind you that my contract of sale as governed by the SOGA is with Comet Group PLC and not with Acer or any other third party and is wholly Comets responsibility I have owned this since 19th April 2008 which in turn was purchased to replace one bought in November 2007 which you refunded (your repair number 1951114) as this had developed the same problem but you where unable to repair even though it was returned to me on 3 occasions. As you refused to repair the defective item I rejected the goods as being not fit for the purpose intended or of merchantable quality and ask for a refund which was also refused. I then spoke to John Leak the sales manager who also refused a refund for the defective laptop. For the avoidance of doubt I hereby reject the goods an Acer Aspire laptop model number 5315 which was purchased from Comet Rotherham branch number 1066 on the 19th April 2008 for the purchase price of £299.99 as being not of merchantable quality and not fit for the purpose intended. I therefore rescind the contract as is my right under the sale of goods act 1979 and as amended section 48A(2)(ii) and require an immediate cash refund. You must agree and action this refund in cash within seven days of this notice. . I feel this is a reasonable request considering the size of your organization. Failure to provide a full refund within this time scale will result in legal action being taken. No reminder will be made. It is a legal protocol that notice be given before an action in county court is taken. This letter satisfies that requirement. No extension of my time scale will be given. I have included a daytime and mobile phone number for your convenience but will consider your failure to contact me further refusal to refund for the defective laptop. If you are unsure of the content or the implications of this letter I suggest you seek legal advise. Yours Faithfully Mr Miniconverter Cc Comet group PLC George Street Hull HU1 3AU Hope this is of help to you if you need any more help just ask
  5. Quick update Spoke to the bailiff on Thursday 9th he told me that when they get a warrant they right to the defendant asking for payment but must allow 7 days before paying them a visit but there 7 days was up but due to finishing at lunch time for the Easter holiday he would not be able to visit till after the Easter break. Tuesday the 14th rang the bailiff on his mobile about 10.30 and he was actually on his way to Comet to levy on goods as he had waited to see if payment had come in that morning which it hadn't. Rang me back about an hour later to tell me that he was at Comet and they had spoken to there head office who had confirmed they had made a payment. After some ringing round he found they had sent the payment to the wrong court but it had only been received that morning. Thursday 16th received a letter from the court confirming they have received payment and where waiting clearance of the cheque and I would receive payment from the court after it had cleared. Afternoon of Thursday 16th Comet rang me to see why I hadn't returned the laptop as agreed. Because i didn't remember agreeing to this told him they could collect after I had received cleared funds. He insisted that this was part of the agreement so I reminded him this was a court judgement which I have a copy of which has no mention of me returning anything and was only allowing them to have it back to save me the cost of environmental disposal. He then told me he needed to take advise, just hope its better then there previous advise Saturday 18th received a letter from the court asking me to confirm I had received payment as the defendant had asked for a certificate of satisfaction. I immediately wrought to the court telling them I had not received cleared funds and would inform them when I had. Seems to me Comet thing they can do as they please even when a court tells them they can't. One things for sure won't be giving them any more of my custom
  6. Once I have cleared funds in my hand and I know its all over I will right to TS with a detailed report of what has happened from start to finish including copies of correspondence sent to me by Comet. Would have complained to TS before but have been very busy and thought involving TS would have just slowed things down. Hopefully one-day the likes of TS and other government bodies that are supposed to control and regulate will be given some teeth so they can stop the likes of the bullying big companies pushing the general public about and denying them there rights
  7. Quick update for anyone that's interested. Went to court on Monday as already mentioned and applied for a warrant. Got a letter from the court on Wednesday confirming a warrant had been issued on Monday. Thursday afternoon a bailiff rang me and asked if i had been paid as he had been in contact with Comet and they told him I had been paid. They also told him that they wanted the goods back. So I nipped home to check the post and nothing. Rang the bailiff back told him I hadn't been paid so he said he would contact comet and tell them to pay it into court. I also told the bailiff there was no way I would give them the goods back until I had cleared funds, he wasn't bothered as all he was interested in was the money Comet owd me. Anyway got home about 8 on Friday night and there was a letter with a cheque (£55 short) from Comet along with a letter demanding I return the accer lap top by 4 this Sunday. Now this is very strange as the judgment gives no mention of returning anything or indeed what the judgment is for just the amount owed. Now what is even stranger is Comet claimed on Monday that they have never had any paperwork from the court and that the first they knew of this was when the judgment dropped through there letter box. Looks to me like somebody at comet is a little economical with the truth. Saturday morning got another letter from Comet telling me that they had stopped the first cheque because the warrant had crossed in the post and was short and they would now pay the money into court by Wednesday the 8th, not exactly forthwith. They have also extended the time period for me to return the laptop till next Sunday which I think is really good of them. First thing Monday I will be ringing the bailiff to let him know that they now think Wednesday is forthwith and get his comments on that. As for me returning the laptop in there time frame I think they have more chance of knitting fog. The laptop will be available for them to collect at my convenience after I have received cleared funds or I will return it at cost to them £9.25 an hour plus 45p a mile sounds about fair. Will post up if anything else happens or when this is concluded.
  8. Don't take any sh1t from Comet all they want to do is sell and offer very poor customer service. Most of there staff appear to be misinformed or very silly I was told that the SOGA doesn't apply to Comet as there policies are better. Anyway have a look at my thread as it may help or just ask and I will try and help if possible. http://www.consumeractiongroup.co.uk/forum/comet/178348-comet-refuse-repair-laptop.html
  9. Rang Comet this morning and once again the manager wouldn't speak to me but was told by his side kick that they wouldn't deal with it as it is up to there head office so I told him I would be going to court with the paperwork at 10 and suggested that somebody from head office should ring me. About 5 mins later a chap from head office rang me and made out he was some kind of legal expert. Anyway he said they would need some time to think about it so I told him I wanted my money know and was not prepared to wait. I then asked him if he understood the implications of not paying and if he understood the meaning of forthwith he confirmed he understood. I then told him I had a completed form N323 and would be taking it to court shortly unfortunately for him he had to ask what this was, I didn't tell him. Anyway went down to the court and handed it in along with the fee so will just have to wait and see what happens now. The thing about all this which really annoys me when you speak to these people they really believe what they're saying and think they are above even the court system. They must be all brain washed
  10. I have filled in form N323 request for a warrant of execution. I thought it came from county court. What do I need to get a warrant from the high court? Won't be taking photos but if I know when there going I will be there with a video camera. Should look good on YouTube
  11. If I go for the warrant then they pay up in the mean time what is the procedure for getting the money for the warrant of them
  12. Comet do not want to sort any thing they can get away with. Go back to the store tell them you want your money back if they refuse put it in righting giving them seven days to refund your money if they don't take them to court Have a look at my thread about Comet http://www.consumeractiongroup.co.uk/forum/comet/178348-comet-refuse-repair-laptop.html
  13. Got a judgment for claimant (in default) yesterday which says the following along with all the other bits You must pay the claimant a total of £***.** forthwith Now my understanding of forthwith means immediately and without delay. So yesterday teatime gave them a ring and asked for the money but this just sent them all into some kind of panic attack. This morning I have rang again and asked to speak to the store manager as I was told he would be in this morning. Surprise surprise he couldn't come to the phone so had to speak to one of his side kicks that passed messages back and forth to him. The jist of the conversations was they won't be dealing with it and it is up to head office to sort it out but the judgment is at the store address as that is where the contract of sale was. I have told the chap I spoke to that if I haven't received full payment by 10am on Tuesday 31/3/2009 I will go to the court and apply for a warrant of execution which will add further costs. Also that if they then don't pay court appointed bailiffs will call and remove goods from there premises. Now for a question if the judgment is forthwith can I apply for a warrant of execution immidiatley as I believe I can and should I wait till Tuesday or go and do it Monday
  14. Not much to update really just waiting for judgment by default. Will let you know as soon as anything happens. Hopefully by the end of the next week.
  15. Thanks for the help I will see if the goods are still available and they can have them back if they are. I agree that she could still be liable for what she has purchased it's just the way these people go about it as they where fully aware of the situation before atlas editions got a dca involved
  16. Just a quick update to let people that are interested know whats happening. Had to go down the court route as Comet are a waste of space and trading standards are about as much use as a chocolate fireguard. Anyway Comet had till yesterday to acknowledge service so rang the court this morning and they have neither acknowledged service or filled a defence, so filled in the bit on the bottom of the notice of issue went straight to the court to apply for a default judgment. Was told by the bloke at the court they have a working target of 5 days and where keeping to that at the moment so hopefully should have a judgment in about a week. So fingers crossed all should be good in a few days. Will let you know what happens when something does.
  17. I am trying to help a friend who is having problems with his mother in law. She is in her late seventies and has mental health problems which have been going on for a couple of years now. She has recently gone into what is described as a secure nursing home. The problem is recently when they have been to her house to collect things pick up the post and generally take care of thing they have had in the post letters from a company called atlas editions demanding payment for what is described as poo learning cards. There are 3 letters in total 2 of which are final demands before litigation. All 3 are for different amounts between £20 and £40 but all are the same account and reference numbers. A member of the family called them and explained the problem. Now on the last visit to the house they have received a letter from a dca call ccscollect. Understandably my friends wife was distraught to think her mentally ill mother was being chased by a dca as where other members of the family. As she has been ill for sometime now what ever it is she has bought from them must have been bought when she was not capable of knowing what she was doing due to mental illness My question is what is the best way to tackle this? Can you enter into a contract when not of sound mind (I believe companies like this may pray on the vulnerable)? Does any body have a few ideas about what to put in any letters? I will also right and tell them I am acting on her behalf and try to get all correspondence addressed to myself. Any help would be great Thanks
  18. The op was asking for advise. My advise would be sack your lawyer quick.
  19. I will complain in writing to trading standards then hopefully there will be more chance of them looking at what was said. perhaps trading standards has a "training issue" at least that's what I think the term is when a cock up is made or somebody can't be arsed to do their job In the mean time I will carry on with my court claim
  20. Have just spoken to trading standards. What a waste of time the women couldn't understand what my problem was as accer would repair it for me didn't get the fact that my contract of sales was with comet and nobody else. No wonder the likes of comet get away with this on a daily basis when the people who are supposed to protect the public don't have a clue about something as simple as this.
  21. Let them keep sending the letters if they then start court action ask for a copy of the cca they can't charge anything for it if they intend to use it in court. Worked for me as they never turned up on the day and I got a wasted costs order for nearly £300 half for me and half for cancer research
  22. If its from 7 years ago and you have never had a littlewoods account why not just ignore the nob-heads and give the £1 to a worth while charity.
  23. I am sure it would be a breach of data protection if a utility company did confirm your address, but my son recently received one of there daft letters which said the same but as he has no account with any major utility and never has had one. He lives at home is 20 and pays no bills. I rang moorcroft for a laugh and spoke about his alleged debt without passing any data protection question (just asked them how much as I might pay it) when I then told them to prove the debt exists (he has a letter from the original creditor confirming he owes nothing) I was told they don't have to prove it as they are debt collectors so I said lets see if a judge agrees and was told they take hundreds of people to court every day and never have to provide any evidence. Have had about a dozen letters threatening court action in 3 day or 5 days or by when ever but am still waiting. Hope you realize what a set of nob-heads these people are and just ignore there stupid threats and silly letters unless they provide any real evidence you owe money. remember every letter they post and you ignore costs them money. If nobody ever pays them eventually they will run out of money or will have to do there job properly
  24. I will talk to trading standards in the morning and let them have a copy of the letter if they want it. Will still pursue them in court as it's more fun plus when I told the man at the comet store I would take them to court he said he doubted I would get very far, think he didn't believe me.
  25. Yes comet have confirmed in writing it's not there responsibility. The letter came from the person in customer services that had spoken to me on the phone. He is obviously not very bright as the letter I sent to comet contained the following line "If you are unsure of the content or the implications of this letter I suggest you seek legal advise." didn't read it or there legal advise isn't to good
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