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steven4064

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steven4064 last won the day on November 19 2023

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  1. I just had a look and it's 11 years since I left the Site Team - doesn't time fly when you're having fun!
  2. I have now applied for a Writ of Control - currently MCOL has 9-week waiting time
  3. Thanks - yes I know to instruct High Court Enfoircemnet Officers rather than bailifs - I alreasdy have it in hand, just waiting to give them chance to pay up after the judgement was issued
  4. The claim was for just over £2,000 plus £108 application costs. I only get the notice of judgement yesterday and, because it was without a hearing, they have the right to apply to have the judgement set aside (it won't do them any good), which they have to do by the 15th. The judgementg didn't give any timescales for them to pay but I presume it is 14 days. THEN I will send in the bailifs.
  5. I think the terms of the mediation agreement mean that I shouldn't say. It's a reasonable amout though. The real issue is how a company can be so dumb.
  6. UPDATE At mediation, TESUP agreed to repay what I paid for the turbine. However, a few days later, I got an e-mail saying that the technical department said there was no manufacturing defect (apparently, they don't consider not working as a defect - but I digress) they were not going to refund my money. I don't know what part of "legally binding agreement" they don't understand but I submitted an Application Notice for judgement in my favour. I have now received confirmation that the court has found in my favour. We will wait and see what happens next.
  7. UPDATE - TESUP defended the claim and it went to mediation. I can't give the details but it was resolved to my satisfaction. Thanks for advice.
  8. Claim issued today via MCOL - details of claim: I purchased an ATLASX wind turbine on 19 December 2022 but it has never worked. It is not fit for purpose under Sections 9(1) and 9(3)(a) of the Consumer Rights Act 2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 19/12/2022 to 26/08/2023 on £xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £yy.
  9. I have now sent a letter before action: Dear Sirs Letter Before Action I purchased an ATLASX wind turbine S/N xxxxxxxxxxxx on xxxxxxxx - Order Number xxxxxx. Despite numerous e-mails and calls to TESUP, the wind turbine has never worked as the turbine is too stiff to be turned by any reasonable wind speed. On 7 July 2023, I wrote to you for the second time asking for a refund of £yyy and for you to supply me with a return address label so that I could return the faulty turbine to you. Again, you did not reply. I now repeat that request. Please refund me £yyy and provide me with an address label to return the faulty wind turbine to you. If I do not receive a reply complying with my request within 14 days, I will commence proceedings in the county court, without further communication, under Sections 9(1) and 9(3)(a) of the Consumer Rights Act 2015: 9(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory. 9(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods— (a) fitness for all the purposes for which goods of that kind are usually supplied; Yours sincerely Steven4064
  10. TESUP wind turbine timeline Purchased – 19 December 2022 Delivered 29 December, minus inverter Inverter delivered mid January During January I had a bracket made to mount wind turbine on my house, arranged scaffolding and ran wire from consumer unit Installed wind turbine 28 January 2023 Found turbine didn’t rotate. Thought the brake was on so e-mailed TESUP on 1 February asking about this as charge controller and inverter were different from the instructions. It seemed that the inverter wasn’t switched on TESUP replied saying that the inverter was compatible with my installation E-mailed back on 2 February saying that it was not possible to go through the start-up sequence in the inverter manual as there was no switch. I also sent a diagram showing how everything was connected I got no reply to this or to several subsequent emails. There was some urgency as the scaffolder wanted to take back his scaffolding Eventually got a reply on 9 February – my contact had apparently been off sick. So OK. I was then sent an appointment to talk to a technician on the phone for 27 February I talked to the same contact I had been e-mailing on 27 February. The only thing she said was to remove 6 of the 12 blades from the turbine, which I did a couple of days later This had no effect and I was told on 2 March to take 3 more off I didn’t do this as it seemed like a ridiculous suggestion, especially as I had now been up on the scaffolding and spun the turbine. It was very stiff and made a grinding noise which I had recorded and sent to TESUP TESUP replied with a list of points about the braking system for the turbine. I replied answering each point and thus proving that the braking system was not the problem On 8 March I e-mailed saying that, if the issues could not be resolved in the next week, I was going to return the system (I still had scaffolding up) TESUP replied asking for photos and videos, which I sent. They also asked for wind speed data for my area (Manchester), which I found and sent. I also sent a video taken on 8 March showing an anemometer showing wind speed of 3.5m/s and the turbine not turning (the starting windspeed is advertised as 3m/s). I also sent a recording of the noise the turbine made when spun y hand and pointing out that there was obviously something fouling inside On 9 March I got an out-of-office reply from my contact saying I could contact a colleague if anything was urgent. Despite further e-mails from me, this is the last response I got from TESUP At the end of April I took the turbine down and let the scaffolder have his scaffolding back Once I had uninstalled the turbine, I measured the torque required to get the turbine moving and it came out as 1Nm (one newton-metre). The formula for the force on a body in a wind is F = ½ CDρv2 Where CD is the drag coefficient, ρ is the density of air (=1.225) and v is the wind speed. The blades are in pairs opposing each other so the actual force is F = ½ (CD1 - CD2 ) ρv2 where CD1 is the drag coefficient of the concave side and CD2 for the convex side Thus the wind speed required is given by V = sqrt(2F/ ρ/(CD1 - CD2 )) The wind speed is smallest when the difference in drag coefficients is biggest, which is if they were half cylinders. Putting suitable data is gives a wind speed of 6m/s to give a torque of 1 Nm. The blades are much flatter than half cylinders meaning that the starting wind speed is a lot bigger than 6m/s. Remember that the advertised starting speed is 3m/s. In fact, whilst the turbine was installed, it never turned whatever the wind speed. The basic problem is that the turbine itself is not free to rotate as something is fouling inside. If you look on Trust Pilot, you will see that many other have had the same problem. The TESUP wind turbine is not fit for purpose.
  11. I sent a letter before claim before but, unfortunately, didn't keep a copy (Doh!) so I'm starting again with the 28 days (hence reference to CPR, since I seem to remember is regarded as a reasonable timescale - I havn't done this for a while! - Hi both BTW)
  12. I purchesed an AtlasX wind turbine from Tesup UK but have never been able to get it to work as it is shodilly made. It turns out that many others have had the same problem - Trustpilot. Their customer service is non-existant so I am going to take them to court under Sections 9(1) and 9(3)(a) of the Consumer Rights Act 2015 I have sent them an initial letter whicg complies with Civil Procedure Rules: Dear Sirs Order Number XXXXX I purchased an ATLASX wind turbine S/N xxxxxxxxxxxxxx on [date]. Despite numerous e-mails and calls to TESUP, the wind turbine has never worked as the turbine is too stiff to be turned by any reasonable wind speed. A couple of months ago, I wrote to you asking for a refund of £xxxx and for you to supply me with a return address label so that I could return the faulty turbine to you. You did not reply. I now repeat that request. Please refund me £xxxx and provide me with an address label to return the faulty wind turbine to you. If I do not receive a reply complying with my request within 14 days, I will send you a Letter Before Action giving you a further 14 days. If you still have not complied, I will then commence proceedings in the county court, without further communication, under Sections 9(1) and 9(3)(a) of the Consumer Rights Act 2015: 9(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory. 9 (3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods (a) fitness for all the purposes for which goods of that kind are usually supplied; Yours sincerely
  13. They did resurface once. We just sent the new DCA the same letter. It'e been months now. I'm an old hand at this - we wil ljust keep on sending the same letter to whoever contacts us until they give up or get statute barrred, whichever comes first. I have a lot more patience than they do!
  14. I had an issue with Virgin Media about early termination fees when I was helping out a friend. The way he was treated was grossly unfair - details don't matter now. However, I wrote to Ofcom about it and they said that they consider early termination fees to be fair PROVIDED they only cover lost profit - actual cost of providing the service has to be deducted for the charge to be fair. This is because, if you cancel, they are saving this amount. I wrote to Virgin Media and told them what Ofcom had said. I asked them to tell me how much it cost them to supply the service my friend was terminating so that we could calculate the fair early termination fee. We've not heard from them since. The reason for this is that the information I was asking for is highly commercial (they wouldn't want Sky or anyone else knowing this) and there is no way they will divulge it. If they think you might pursue them for this information (which you have a right to do - find my thread on getting similar commercial information from Welcome Finance), they will just go away. This is not just for Virgin Media but for any ISP, Cable TV or phone service that charges early termination fees. Enjoy!
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