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Found 163 results

  1. This is a long story but I'll try and keep it brief and you can ask questions as needed. In November 2015 I purchased an ASUS gaming laptop from an Amazon Marketplace Seller. The product was brand new but was shipped to me from the US. The company however were slightly misleading by having UK in their name. The laptop developed faults within days of arrival and I asked to send it back for a replacement. The company were only interested in doing a repair on the machine and insisted on remote troubleshooting first. I worked in IT Management for 5 years and had serious problems trying to explain that the fault with the laptop was a Network Card issue so any remote troubleshooting would fail. It's second problem was keys falling off the keyboard. No amount of remote support will fix that in any way shape or form! Fast forward and I sent the laptop off to be repaired as I gave up trying to fight a replacement because the company were not interested. This is the first problem I had. The seller refused point blank to pay the return shipping charges despite amazons policy being extremely clear that the seller was responsible. The seller wanted me to pay 99$ to them for the label. In hindsight I should've have done this but claimed a chargeback immediately for breach of Consumer Rights Act. Instead I choose to pay DHL around £100 to send it back to their repair center. The laptop was packaged in its original packaging, wrapped in bubblewrap before being sent to them and then the external box being wrapped in more bubble wrap, brown paper and all over that with brown parcel tape. The laptop was temporarily seized by customs because DHL did not attach the correct paperwork. This was resolved within 48 hours and the laptop sent on its way. While the laptop was within DHL's care, they somehow (no idea how...) damaged it and it arrived with 2 massive dents in the side of the screen panel. I was advised by the seller the state in which it arrived and being proactive asked for a quote to repair the damage on 16/10/2016. DHL Insurance then contacted me on the 19/10/2016 to request a quote to have the laptop repaired. The seller then wrote to me on 20/10/2016 asking how I wanted to proceed. They had not issued me a quote. I replied around 1 hour later the same day (20/10/2016) asking for the repair quote. I heard nothing. I contacted again on 31/10/2016 & 02/11/2016 and nothing still. Not a sausage! I then frustrated wrote to Amazon and asked them to intervene. 3 agents (have this in writing) said I would be refunded. Amazon then said that I would no longer be receiving a refund and would need to resolve the matter with the seller directly. I can understand 1 person making a mistake... But I was promised a refund by 3 people and thought the matter was coming to a close... I then made a complaint with The Better Business Bureau in the US to try and poke the seller. My complaint was sent on to the seller. I also requested a refund on the delivery charge on 05/10/2016 and that email has not even been acknowledged. All of these emails took place on the sellers ticket support desk so I know for a fact they have received these communications. Bottom line of this is I want the laptop refunded or replaced, also to receive my delivery charge of £100 back as the seller has clearly flouted Amazon's policy. Then amazon tell me their policy say my claim deadline has expired... How ironic... So the seller can ignore but not the buyer... Amazon said I could do a credit card charge back, however my Father paid for the order with his credit card as the order was coming from the US and my credit card limit wasn't high enough to pay for the order. However he is very very reluctant to pursue a Section 75 Claim against the credit card company... So I really don't think that is an option. Can anyone advise what I can do here please? I'm thinking pursue Amazon in small claims court as they have a responsibility for the sale and cannot enforce their own faulty goods return policy. I have photo evidence that the laptop was indeed faulty (keys not attached to the keyboard) I also cannot proceed with the claim with DHL because they need a quote for the repair which I am unable to give them... So any help would be received with gracious thanks
  2. Evening all, Background in quote So, thats the background sorted. We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL. A swift, standard response received, same as the one above...nothing to do with us.... Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...
  3. Government welcomes landmark law which will improve the safety of tenants READ MORE HERE: https://www.gov.uk/government/news/government-welcomes-landmark-law-which-will-improve-the-safety-of-tenants Homes (Fitness for Human Habitation) Act 2018: http://www.legislation.gov.uk/ukpga/2018/34/contents/enacted/data.htm
  4. Hello. I’ve today had a ‘PCN’ issued by NE parking Ltd in Blackpool town centre (Adelaide court, a car park behind some flats). Last night I went to a gig in town, I drove as I wasn’t planning on staying late but I ended up having a couple of drinks so had to leave my car overnight. My friend used to live in Adelaide court so I would always use his space should I be nipping into town, and have never had any problems before - until today when I’ve gone to pick my car up and been hit with a £60 charge. The reason for the charge is ‘parking without a valid permit/ticket’, and I know 100% permits were not issued to residents of Adelaide Court 6 months ago as my friend didn’t have one and never had to use one himself. Unless this has changed recently? However, the other cars parked there did not have permits on display either! I know a lot of people say to just ignore private parking charges, but can someone advise me what’s the best thing to do from now? Do I acknowledge? Pay up? Or just leave it? Thanks in advance!
  5. Hello Everyone, I wish to sue an organization under the Equality Act I have not suffered financial loss so I don't know if I can use the Money Claim Online (MCOL) I want the organization to change their procedure, and maybe compensation for injury to feelings If I can't use the MCOL, then where do I go Also, how do I quantify the compensation? Thanks
  6. Hi everyone, Could a persistent failure to respond to two emails and a phone call be seen as a failure to act? Background Person A took a company B to Tribunal on age discrimination grounds Person A asked his agency C for relevant documents Agency C failed to respond despite two emails and a phone call Person A now makes allegation of victimization against the agency C Agency C is now claiming that person A had the document that is why they didn't respond Person A didn't have the said document! However, my question would be: why didn't the agency respond to the first mail and say: "mate, you have these documents so we are not providing them"? I believe agency had a duty to respond to the email even if they truly believed that person A had the document In which case, I see that as a failure to act hence a victimization claim Please your views and any relevant case law Thanks
  7. Hello. In late 2017 I was given a ccj from a short term/ payday loan company. I rolled over the loan once and it stood at just over 600, its now at 750 as a ccj When I got the loan I was quite unwell, unable to afford it and suffering from Paranoid schizophrenia, andxiety and depression, unable to work due to my illness. Just before the CCJ was in court I was unable to go to court as I was under section in hospital receiving treatment for a severe attack, I could not of known I had received a court date or have went to it to challenge it, I did however get someone later after I had visited home and found out about it to call up and explain. As I recall they said they couldn't do anything. I am just wondering if there is a way to challenge this?, as I am doing much better now and would like some credit to get my life back on track, but with a ccj this is very difficult. Thanks in advance
  8. I really don't understand this section of the ACT 19 Worker subjected to detriment by co-worker or agent of employer “(1A)A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done— (b)by an agent of W’s employer with the employer’s authority, Let me paint two scenarios so you understand my question Scene 1: A worker makes a protected disclosure, the worker's employer sends an agent to act in a detrimental manner to the worker Scene 2: A worker makes a protected disclosure, the employer's agent, on his (agent) own initiative acts in a detrimental manner to the worker Would the employer be vicariously liable in Scene 2, even though he (the employer) was not aware that the agent acted that way? I would greatly appreciate relevant case law Thanks a lot
  9. Hi everyone, I am looking for some advice as to the application of the Consumer Rights Act or other relevant legislation to insurance replacements. The situation is as follows: I had an iPhone replaced under insurance in March of this year. It was replaced with a brand new, sealed unit in original Apple packaging. The phone has developed a fault 5 months after receiving it. On contacting Apple, they advised that they were not the retailer and that I should contact the people I got it from and request a replacement under the Consumer Rights Act. Apple did, however, completely accept that the fault was a manufacturing or pre existing fault and actually told me that if they had directly supplied the original phone, they would have replaced it no questions asked. I have contacted the insurance company and asked for a replacement and they have refused to replace the phone without me making a new claim and paying an excess. They claim that their T&Cs state they only offer a 90 day warranty and that the Consumer Rights Act does not apply to them. I argued that they supplied me a new item, which I have indirectly paid for as I pay the insurance premium that allowed the replacement and therefore I have consumer rights and they should replace the item. It is my opinion that they are acting in the same capacity as a retailer when they supplied the phone and hence should afford me the same rights. So, my questions are: Who is right? Should I pursue a claim or give up and pay the excess? Is there any other legislation that is relevant here? Do I perhaps have some rights with the O2, the original retailer of both the phone and insurance policy? Note that O2 Insurance is not actually part of O2 at all, they are actually Brightstar Insurance, a separate company. Thanks in advance! rune
  10. https://www.consumeractiongroup.co.uk/forum/showthread.php?296513-296513&p=3317951#post3317951 I am just considering this and contemplating taking court action against unregulated property manger who took a secret commission
  11. When you use Booking.com there is an intermediary between you and the provider of services (in this case a hotel) Are any users aware of a bank making a compensation payment to a customer for a substandard hotel under Section 75 of the Consumer Credit Act 1974, where Booking.com or other similar operators were involved? As many of you will know, credit card companies are frequently claiming that there isn't a direct contractual link when there is an intermediary, but I'm looking for precedents for either settling such cases in the consumer's favour, or better still a judgment at court . I have a Small Claims case coming up against a bank which denied my section 75 claim on this ground, and intend to test it in court. I’m an experienced CAB-trained volunteer who has had lots of wins over various companies in the Small Claims Court. Thank you.
  12. Hi All, Firstly, this isn't strictly a PCN issue but it is related to one, so I'm not sure if this the appropriate forum and please let me know if not. My vehicle was clamped on 30th June and I discovered this and spoke to the bailiff on 1st July. I've submitted TE7 & TE9 forms to TEC so this should all be resolved this afternoon. However, I am going to make several complaints about the bailiff's actions as he was not only extremely rude and unprofessional when dealing with me, but also probably broke the law. Some background info: I called the bailiff (MO) on Sunday afternoon (01/07) but he didn't answer; he then called me at 10pm Sunday evening to discuss. During this conversation he told me the vehicle in question had been clamped previously and I had cut it off, telling me that because of this the vehicle would be towed immediately if I didn't pay the outstanding balance. When I contested this and asked for info his response was along the lines of "I dunno, that's just what the system says" and refused to give any further evidence. I was pretty incensed by the accusation so told him it was utterly false (exact words) and he hung up on me, refusing to answer again. Today I called him to get the PCN number then did my relevant homework and called him back to let him know I'd submitted forms with TEC and he should hear from the issuing authority by the end of the day. I asked him to give me his full name and registration details so I could submit a complaint about his behaviour last night and he outright refused, saying he didn't have to. When I told him he was legally obligated to give me his information he got increasingly angry and doubled down. He said he would show his certificate when releasing the vehicle but would not give details to me - to which I responded by saying we both know that will never happen as he will most likely quietly remove the clamp and then be gone. I eventually gave up with no information. I checked his name on the immobilisation certificate then checked the Certified Bailiff Register and found his full name and the court / company he's registered with, so am going to submit my complaints there first. My most serious complaint is that his attempt to extort me into payment by claiming I had removed a previous clamp (let me just state - I hadn't) is a violation of The Fraud Act 2006 Section 2 and his refusal to provide any evidence for this, despite it being "on his system" is also a violation of Section 3. So my question is this: who do I report this to and how? I'm currently drafting a complaint to Hertford County Court (where MO is registered) with all of this included, but would like to take this much, much further so he never attempts this stuff again. Having never submitted any kind of criminal charges before I have no idea where to start.
  13. I had a fixed term loan between 2010 and 2012 which I paid off when I moved house. I sent a SAR as i wanted to check on the charges levied during this loan and have received all the documents back. The annual statement summary received during the loan only stated - Date of agreement - Duration of agreement - Amount of credit - Gross loan - Payment protection premium - Staement period They did not show the interest rate, balance of the loan or any payements made. Reading Section 77a of the consumer credit act. As they haven't shown those details then my understanding is that I didn't have to pay any interest during the period which the statements weren't compliant. Is my understanding correct and if so am I able to claim back the interest when I claim other charges frrom them? Thanks
  14. Has anyone been to court in a consumer dispute section 14 not of satisfactory quality/not fit for purpose where the product was faulty in the first 6 months where the burden of proof is reversed how important would this be for the claimants case
  15. Are PCNs subject to the 6 years (england) statute barred law anyone know?
  16. I purchased a phone case from the company Spigen through their eBay store on 6 November 2017. Over a month ago, I discovered there were cracks on the back of the case. Neither the phone or case have had any form of impact since purchase. I contacted Spigen and asked if they are able to help. They refused because I was outside of their three-month warranty, and offered me a 'slight discount' from any new purchase. I explained that I am covered under the Consumer Rights Act 2015, but they continued to reiterate that they cannot help. The company has also refused to use an ADR scheme. They also said that when I purchase an item with them, I automatically agree to their terms and conditions which entails THEIR returns/refunds process. What are my options????
  17. I am currently appealing the bedroom tax (finally through DWP) having been given incorrect information from local council. I wonder if someone might know where I can get some details from as the Housing Act 1985 section 326 (6) states; " A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it."? I have approached the planning department to ascertain when the house was built to try to access architect drawings but they are no longer available, apparently. If I approach the council the average response is poor because they do not know what I am talking about, and if I draw their attention to what it is for, I highly suspect I will get stone-walled to prevent assistance with my tribunal. I have measured the room in question skirting to skirting, and have invited them to visit the property to inspect for themselves, but this has been declined as has a mandatory reconsideration via DWP, thus the tribunal appeal is the next stage. Are there any other options available to gain official diagrams/dimensions to support my appeal? Thanks in advance
  18. I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks
  19. Hi, this is one for people who really know their contract law, specifically the consumer credit act. This is the scenario: I have a builder do me an extension. Our contract states the work will cost £100k. In order to get s75 CCA protection, I get the builder to give me 4 invoices. Invoice 1- foundations, £25k (price shown on the contract) Invoice 2- Roof, £25k (price shown on the contract) Invoice 3- Walls, £25k (price shown on the contract) Invoice 4, decorations £25k (price shown on the contract). £100 was paid for each invoice using a credit card. The transaction I made on each card was for the invoices, not for the contract. Each invoice takes the pricing from the contract. Does anyone, who has a legal mind with a speciality in contract law, know if I can expect cover under s75 CCA in this situation? thanks
  20. I tried to make an appointment with a very large national chain of well known opticians who offer laser eye surgery. As I'm profoundly deaf with a speech impairment I use sign language to communicate. With something as important as my eyes I would like to get the full facts with regard to the options of having laser eye surgery. I asked for a BSL interpreter and they said they would contact head office and get back to me. They have come back to me and said that it's not something that they provide and I would be responsible for providing my own interpreter and advised it would cost approx £80 - £150 They suggested perhaps bringing in a family member or a friend to speak for me. The latter is not possible as I do not have any local family and my friends are also deaf and sign language users. Are they required to provide an interpreter under the Equality Act under reasonable adjustment for auxiliary aids and services? A pen and paper would not be reasonable adjustment for me as BSL (British Sign Language) is my first language and has a different grammatical structure to written English. This post is being written on my behalf by someone else. Any advice would be gratefully received.
  21. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  22. I'm sure someone on here can give a straight answer as I am trying to help my granddad who was unfortunately hit by scaffolding that had been put up around his block of flats which is Council owned ( Old peoples properties ) He instructed a solicitor to claim for damages caused due to injuries which included broken arm and was told by the solicitor that he would be covered under a no-fee, no win basis. Would this include a contract between both parties as I assume would be, because the solicitor is now refusing to provide a copy of the contract that my granddad has asked to see. The case is still unsettled.
  23. I know a little bit about the Sale of Goods Act and have found out that it has since been replaced by the Consumer Rights Act. We purchased a Smart TV from Currys PC World in December 2013 for £550. Over the last few weeks it has started to develop a fault where towards one corner of the TV (top edge towards the right) there is a foggy dark patch. This is mostly visible when there is a white background. My questions are therefore: 1. As the TV is now 3 years 8 months old is this too long to expect to be able to get it repaired/replaced via the Consumer Rights Act ? - How long would be 'reasonable' in terms of expecting a TV to last ? 2. The TV has been looked after, hasn't had any damage to it, knocks or drops or anything similar so I assume the fault has been caused by a faulty component. It has been a few years since I have had to claim for anything like this and although I have previously been successful, I'm not sure whether I am expecting too much given the age of the TV. Any comments and/or advice would really be appreciated. Thanks in advance,
  24. Hi All, On 4-Aug-2017 I test drove VW EOS 2.0 FSI(2006) convertible which has done 67500 from a car dealer in Birmingham. Paid the deposit of 300£ to confirm the same day. Asked him to fix minor things like Covering cigarette holes from seats at a couple of location, changing wheel caps, under bonnet insulation and full valet. Dealer verbally agreed to get this fixed and said he will get the 12 months MOT done as advertised on Autotrader within a couple of days and asked me to transfer remaining amount 3450£ asap. On 5-Aug-2017 I transferred the remaining amount 3450£ (Total = 3750£) on 11-Aug-2017 I got the car from the dealer with the receipt (Offical date of owning the car) saying he couldn't get hold of valet guys so will get it done when I visit him next time. he didn't do anything except MOT (10-Aug-2017). As I was eager to drive the convertible, I accepted foolishly. While driving back home to Coventry, I realised the left wing mirror is loose and cannot be operated properly via driver side button. Called dealer on 12-Aug-2017 and mentioned about the issue. Dealer said he will look into it and asked me to bring the car the following week. Having doubts over the car, I properly checked the car only to find big single line crack on the windshield at the bottom edge. This was covered by wiper blades. Wiper washer pressure was too low. Blamed myself for not looking carefully before buying. Also found out the roof was leaking. Texted the dealer about this issues on 14-Aug-2017. Took the car to the dealer on 16-Aug-2017 (As he was only available on that day) and asked him to fix the issues. 23-Aug-2017 the dealer gave the car back saying he fixed some issues like Wiper washer pressure, insulator, valet (half), roof leak (still persists), attempt to fix seat holes. But did not repair wing mirror or windshield. As I thought I didn't hold any right to reject on wear and tear parts accepted 125£ cheque towards fixing the wing mirror and windshield myself as travelling back and forth and leaving the car for weeks time was tiring. My doubts regarding the condition of the car grew as no reputed dealer would do this took the car to local VW specialist garage for inspection on 25-Aug-2017. Got the report that CV Gators split and Console (wishbone) bushes separated (replacement cost 360£) and they mentioned that MOT shouldn't have passed as bushes don't get separated within 100 miles drive. Mentioned the same to the dealer who replied back saying MOT had passed and it might have broken any time afterwards and I am expecting a brand new car performance from a 11-year-old car and should accept this as wear and tears. But at the end said he will have a look if I get the car to his shop. Next day driver side door card came off. Looked like it was glued before. Booked a 15 point safety check from Halfords on 3-Sept-2017 as it was free. They reported CV Gaitor starting to split, front coil spring broken and rear disc badly corded and worn close to legal limits. Had enough and sent a rejecting letter to the dealer along with the reports on 4-Sep-2017 asked him to fully refund as I was within 30 days and as per consumer rights act, the car is faulty. Today 6-Sep-2017 got a call from the dealer saying he will fix CV gaitor, Console bushes and spring but won't repair anything else and there is no way he is going to take the car back. Asked me why Halford reports didn't pick up Console bushes problem and local garage report did not pick coil spring issues. I shot him back saying I am ready to get a full AA inspection done as he is AA approved dealer. Also, he mildly threatened saying he pays solicitor 1000s of pounds every month for this business and more than welcome to take the matter to court. I have had this car for less than 20 days now and it been driven for 250 miles of which 120 miles just going back and forth to car dealers place in Birmingham. Should I accept the fixes offered by the dealer and move on or should I take him to the court and get a full refund? Your thoughts are much appreciated. Regards, Mike
  25. I bought 6 hard disks just over 2 years ago, 2 have failed just after the warranty, using the consumer rights act 2015 would I have a valid case for getting replaced or repaired? Is 2 years really an appropriate life expectancy for a HD?
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