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  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. Had brand new boiler fitted by British Gas on Tuesday. Since then its broken down three times and I've had two engineer visits. The engineers they send seem clueless and British Gas seem totally uninterested. Its -5 outside and I've got no heating or hot water. Got a 5 year old and an autistic teenager (this is setting him off). Something has got to be done. If this was a physical item I could take back to the shop and demand a refund but its a boiler fitted onto the wall. What are my consumer rights here? Can I reject it, get the boiler removed and ask BG to collect and cancel the entire deal?
  3. My problem now is. I've ordered a new VW T roc from my local VW dealer on PCP and paid £250 deposit. I've put my Golf in p/x which was also on PCP with a small amount of negative equity on it, which will be encompassed within the PCP agreement payments for the new car. I'm happy with the cost. The car is due for delivery in March. Last night I discovered the VW T roc owners forum on the internet and there are 19 pages of comments by disgruntled new T roc owners complaining of there new car kangarooing in 1st gear and some also in 2nd gear especially when the engines cold. Apparently it's only on VW's new 1.5 petrol engine which I have ordered. The same is happening on the Skoda and Seat cars using the same new 1.5 VW engine. These owners have taken there vehicles back to there respective dealers and they are unable to fix the problem. VW UK technical have got involved, sometimes they tell the owners they are not aware of any problem with the new engine, and sometimes say they are working on the problem and have been for months (they cant make there mind up which) A couple of new owners are going to reject the new cars and others have sold them early because of the fault. They are not happy because otherwise they really like the cars they have bought. However some owners don't appear to have kangarooing fault. My predicament is.....do I cancel the order and risk losing my £250 deposit, or keep it and take delivery. If I take the chance and take delivery, and it has the kangarooing fault can I reject it immediately within 30 days without giving the garage the chance to fix it (which it seems they cant as VW UK Technical cant work out a fix) If I reject it I can anticipate that with my luck I will end up with a big battle with the dealer and VW finance. If they do accept the vehicle back will they return the Golf to me, what if they have sold it? Shame really because I've bought a few VW's from this dealer before and I've always been impressed with them. I also really like the car. Problem is with VW they have left there reputation in tatters with the emissions scandal, that's always in the back of my mind. £21K is a lot of money if the car turns out to be a lemon which cant be fixed!
  4. 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...
  5. Hi. I am looking for some advice on how to handle a small claims procedure? The story is that we booked a wedding with the vu in bathgate on the 7/2/2017. The wedding was to be held on the 30/11/2017, and when we signed the agreement we didnt read or were told about the cancellation fees. We paid £500 up front the total cost was £5000. We are going to court as we had to cancel the wedding on the 27/04/2017, because our house was robbed and the money we had saved for further payments was stolen. The Vu are claiming 100% of the total cost according to their contract. But I find this disgraceful, as if we were able to pay the entire cost we would not have had to cancel in the first instance. I feel that the £500 deposit I paid should be more than enough for a cancellation. As they do not have to pay staff wages, catering costs or such likes for that date on 30/11/2017. I don't know how to find out if a wedding took place on this date as this would cancel their cancellation fees. To expect us to pay the entire amount and not have our wedding. To me is incomprehensible. Like I said if we could have afforded this we wouldn't have cancelled. Thank you for taking the time and for any help that anyone could provide us. Forever greatfull. Stewart.
  6. I ordered a 2 x sofas and 1 x armchair from Sofology on 30/08/2018 (cost inc delivery, furniture protection) £3783.50 of which £400. 00 deposit was paid by bank cheque card, the balance is due prior to delivery which I intend to pay by credit card. Due to the numerous complaints now noted with this company, as well as other high st furniture retailers, I want to be aware of what my consumer rights are if I encounter any of the complaints already noted eg, sagging sofa, poor quality construction, poor quality leather in terms of wearing excessively. I am sorry for the hypothetical question but I want to be forewarned as to what steps I should take in such circumstances and under what act etc. Many Thanks
  7. 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
  8. Greetings all! I could trawl around the net for the answer to this for a few hrs. However, as you guys are usually clued up on this stuff. I though somebody may like to offer some wisdom for the rest of us. It was my understanding that the the Consumer Rights Directive made using Premium rate numbers a no no for calling "Customer Services" and that these call's should be at no more than "local rate". I can't find the legislation though. Was this just a proposal, or a proper 'unfair business practice' and has anybody got the reference/Act etc. The reason I ask, is that I notice that a number of car hire companies only offer "customer Services" via their reservations numbers which are often premium or service rated e.b. 0870 or 0844. Thanks for your help Dave
  9. 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.
  10. 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
  11. CMA consults on draft consumer law advice for care homes READ MORE HERE: https://www.gov.uk/government/news/cma-consults-on-draft-consumer-law-advice-for-care-homes
  12. 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????
  13. Sorry for the long post.... After a burst pipe (the condensate pipe from gas boiler froze during snow storms) in crawl space above my kitchen the landlord agreed to update the consumer unit in my property [the corrosive water had leaked over two plug sockets and nothing tripped off even though water was inside both]. The guy sent I suspected wasn't qualified [on a previous visit to check for safety he checked the plugs by poking around the sides - and making a hole in the plaster]. I asked if he was qualified before he started [on the previous visit to check damage from the leak he told me 'he shouldn't be doing this' but didn't expand when asked why] and he shrugged; as a tenant, I believed the Estate Agent would have checked and so let him continue. He has changed the fuse box, cut the meter fuse seals, not replaced older wires, not fitted the cover properly, put the switches in the wrong order, left the wires completely messy inside the unit and also labelled it incorrectly - plus, the oven now trips one of the RCD's when it's on for more than three minutes and a plug socket is no longer working - although this may be due to the junction box he put in the crawl space replacing connection taped with electrical tape, leaving a live wire improperly crimped and not connected - he'd stuffed them into the wall cavity. As he left I ask about the 'signing off' and was told 'I have nothing to worry about' several times, because I was worried! I asked again about the certification and he said that wasn't anything to do with tenants. He didn't say someone would be back to carry out any checks, or follow up, or even to sign off on the work. I've complained to the Estate Agents and the following day a guy turned up as I'd had problems with the oven. I asked for credentials, but he'd have to go and get them cos he hadn't bought them with him. I allowed him to look at the issues, but no work would be carried out until I had seen proof of his ability to sign off on the work. He's looked and spouted a lot of blurb obviously covering his firms ass. He looked, said he saw no issues with the work carried out, said the fan was the reason the oven wasn't working properly - it wasn't turned to oven, just grill - he didn't even blush. He checked to see if the wire left out of the crimp was live - it was! He left to consult his boss and turned up 2 hours later with his sons training certificate and a weird looking NICEIC card saying he just needed to connect the crimp and everything would be working for me, which I don't think is true, plus the ID looked pants to me and so I turned him away. I then received an email from Estate Agent - the house owner lives in China - saying the contractors had told them i had not allowed them access and would they be allowed in with a rep from the Estate Agent's local branch. I have replied saying they didn't satisfy me that they were qualified and that anybody coming should be able to sign off on the work done - but hey presto, 24 hours later and I've heard nothing... What can I do next to get my oven working and the electrics safe?
  14. Hi Just wondering if the Consumer Protection from Unfair Trading Regulations 2008(amended 2014) covers business to business transactions? Meaning that the consumer can be a business? A friend has been misled by a salesman about a service they've bought in their business and we're trying to put a complaint forward. Any pointers to some helpful legislation would be appreciated. Thanks in advance.
  15. New guide to improve consumer product safety recalls READ MORE HERE: https://www.gov.uk/government/news/new-guide-to-improve-consumer-product-safety-recalls
  16. Hi I need some advice please. Recently I replied to a direct mailshot from a Manchester-based PPI claim company called Consumer Claim Line. I had had a credit card some 20 years or so ago (Capital One card) and I wanted to find out if I had paid PPI on the payments. I returned the paperwork and thought to take advantage of their advertised "no claim no fee" offer to get this investigated. A few weeks later received a reply saying that their preliminary findings were positive and that I should sign the enclosed form authorising them to investigate my claim further. With this same reply paperwork enclosed was another form asking me to list any banks that I may have had accounts with in the past and they would look into these accounts too. I signed the authorisation forms for the Capital One account and sent back the other form listing the Clydesdale bank although details of this and the Capital One account I was not able to furnish as I had no paperwork and no recollection of any details. They said that details weren't important as they had ways of tracing accounts. A fortnight later I received correspondence from this company stating that their investigations showed that the Capital One account had previously been looked into (sometime in 2009 or 2010) and since I had not informed them of this they were invoicing me for a Cancellation penalty fee of £360 for wasting their time. Along with this invoice were two additional "letters of authority" for two Clydesdale bank loans (taken out sometime in the 1990's (I think) which they wanted me to sign and return to them. I telephoned them to explain that my claim on the Capital One account was made in good faith and that I had no recollection of having this investigated before (I have good medical reasons for general memory impairment which I explained to them) I asked them to therefore cancel this penalty fee they were demanding. I also stated that as a consequence of the outcome of this first experience I didn't want to return the forms for the Clydesdale bank investigation as because of my memory impairment I could not guarantee that this case had not also been investigated in the past. I had no recollection of this being the case but then again the same applied to the Capital One case. The supervisor whom I was explaining this to was not sympathetic to my position in fact he adopted a rather aggressive and threatening stance, threatening court action on non-payment of the penalty fee saying that for every subsequent reminder-letter they sent me an additional £20 would be added to the cancellation fee invoice . He further threatened that if I didn't send back the second set of "letters of authority" (for the Clydesdale bank loans) duly signed by myself a further £360 (each) of cancellation fees would be invoiced to me for payment. A few days later I received out of the blue a phone call form the company (from the same supervisor) saying that they have reconsidered and that if I go to my doctor and get him to write a letter confirming that my medical condition and strong medication I have taken (over a period of over 20 years) have indeed led to among other things severe memory impairment. I duly went to my GP and he wrote out a letter confirming what I had said, and I sent this doctor's letter in to the company. A week or so later I received another phone call (again from the same supervisor as before) and he now said that he would not accept my doctor's letter as he had met people before with the same condition that I suffered from and he didn't believe that it could cause memory impairment. In other words he completely disregards a doctor's medical opinion on a patient he has been treating for 25 years in favour of his own unqualified prejudiced and generalised opinion of the condition I suffer from (the condition is in fact Severe Clinical Depression). The decision stood he said and I now owe them 3 x £360 fees plus £20 further penalty on the first case ... a total of £1100. Can they do this ? Is there anything I can do about this ? If nothing else maybe this post will warn others of this companies practices. Regards, Jackthehat
  17. 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
  18. Hi, I bought a voltage converter from Amazon to use for an American TV. While using it the converter started buzzing really loudly, suddenly overheated, and killed my flatscreen Samsung TV. Since I bought the product there are some very bad reviews on the product that include a person whose item exploded as a result of the item being faulty, so its not just me. I've been trying to get in touch with Amazon complaints department as I wanted to log a formal complaint about the converter and the TV, and I did this over a chat with Amazon's complaints department (- apparently). Amazon wouldn't allow me to log a complaint or do anything. Here's a snippet of how the conversation with Amazon Complaints team went: 11:45 PM GMT M: Based on our conversation, I understand I am not allowed to make a formal complaint. I am not allowed to get a link to your compensation policy. And I am not allowed to get compensation for the items damaged in my property by your dangerous faulty product. Based on this conversation I understand amazon takes no responsibility for items that are dangerous to people and private property. And I am also not allowed to contact the Amazon’s legal department. Is that right? 11:48 PM GMT Parthasarathy: I will forward this issue to our internal team and will make sure that you will not face this problem again. 11:50 PM GMT Me: Yes, you can forward this to the internal team. In the mean time I would like Amazon to register a formal complaint on the following grounds: 11:52 PM GMT Me: 1) I am being blocked from logging a formal complaint. 2) I am not allowed to get a link to your compensation policy. 3) I am not allowed to get compensation for the items damaged in my property by your dangerous faulty product. 4) Amazon takes no responsibility for items that are dangerous to people and private property. 5) I am being blocked from contacting the Amazon’s legal department. 11:52 PM GMT Parthasarathy: Okay. I will now forward this issue to concerned team and will assure that this will not happen again in future. 11:53 PM GMT Me: Can you please give a reference number for my complaint. And when should I expect a written response to my complaint please? 11:54 PM GMT Parthasarathy: I'm sorry it's an internal contact and we don't have the option to disclose it's output. 11:56 PM GMT Me: If you register a formal complaint, you have to give the customer a reference number, it's got nothing to do with internal contacts or disclosure. Also, ever formal complaint has to have a written response. Again, it's got nothing to do with internal contacts, disclosure or outputs. Are you saying that you refuse to register a formal complaint? 11:58 PM GMT Parthasarathy: We understand how you feel, we’re very sorry. We’re going to take care of this and you can trust us that it will not happen again in future How can I file a formal complaint with Amazon if Amazon does not want it? What should I do? Thank you.
  19. 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,
  20. Hi All. Firstly thank you to anyone who takes the time to read this and respond I have recently been intimidated on the phone and have tried a couple of avenues including citizens advice but have not yet found a solution I am currently having a problem with CRS and a cancelled gym membership. I informed my gym last year that I wanted to cancel my membership as I wasn't using the gym and was soon to be relocating an hour away after taking a new job. The gym informed me that I could cancel my 12month contract but only with a minimum notice of three months. I explained that I felt it was unfair that I would have to continue paying for three more months for a service I couldn't use as I was about to relocate. I then became frustrated after receiving a flyer offering new members 3 months for free, contacted the gym again with no avail in frustration cancelled my direct debit at the bank and took in a letter to explain why I had done so. I was told that I should not have cancelled my direct debit and would still have to pay the three months in full to exit my contract. I arranged to meet with the gym manager but this was cancelled and my calls were not returned. I thought the issue had gone to bed a few months on I was forwarded a letter (from my previous address) which was from CRS stating that they had been employed by my gym as my membership remains in arrears and including their fees I now owe a total of £326. I have also been harassed by text and phoned by CRS who were rude and intimidating and said they cannot discuss my case further without me giving them my date of birth and current address. I am willing to pay my gym the three months to cancel my membership just to get this over but they say the case is with CRS now. I don't know what to do.
  21. 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
  22. 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?
  23. It seems that many people are not aware of section 75(A) of the CCA which covers purchases made using a credit card where the goods cost between £30K and £60K. It appears that this bit of legislation has only been added recently.
  24. havent been on here for a long time but here goes My father in law took a loan out in 1990 with consumer loan company ( now defuncked) for £50k interest only. the loan was fully repaid after 5 years and transfered onto another loan ( Repayment) which had a charge on his property. After quite a few years when the loan had gone down to about 10k I took the paperwork down to a solicitor who told me that although the loan agreement was not legal the fact that it was over 25k meant that he could not claim against C/ loans. He started to get calls from CEO asking if we wanted to make a small paymet to clear the dept. At this point I smelt a rat as I have never known a bank to except a lesser amount. Just as we were about to start sniffing as to why they were trying to do a deal Consumer loans then disappeared. Last year he got a letter from manchester building society saying they had taken over the loan and they wanted to arrange a payment plan. I took some advice verbally from a solicitor to say that they were probably time barred and that unless we acknoledged the dept they would not be able to claim. but that didnt get over the fact there was a charge on the property that needed lifting. three letters later the last one threatening legal action with a copy of an agreement dated 1990 and for 5 years makes me think A they dont have a legal agreement and are trying it on and hoping we are stupid enough to pay them. B dont realise that maybe we have a potential claim. The fact that they have sent this agreement says to me there is something fishy going on. Somepnes thoughts please.
  25. Hi, Looking for help regarding Everest conservatory sale procedure when the point of sale is on customer premises. We have a long running dispute with Everest going back to 2014, when we were mis-sold a conservatory. We clearly asked the salesman for a specific type of foundation and base work, but as his sales tool was unable to specifically detail the type of foundations being requested, we made certain it was written on to the sales contract. To set the picture, the contract was signed very late on a Thursday night, and the salesman used an excuse that he couldn’t take our deposit money and consequently said he was unable to leave the signed sales document or the technical sales agreement with us. [yes, we now know this was breach of the consumer regulations act] We paid the deposit to the head-office the following week. What has happened since, Everest has used a different foundation (plus delivered lots of other problems) and since we don’t have a copy of the sales contract we are finding it difficult to prove our request with Everest. Everest have provided copies of the technical sales agreement, but their system was not configured to state what type of piling was requested, so Everest are claiming they have provided what was stated on the sales agreement. As instructed by Consumer advice/Trading standards we have asked for a copy of the sales contract under the Consumer Regulations Act, yet they only send repeated copies of the technical sales agreement stating that it is the binding contract. And per Consumer Advice, we have now also requested a Subject Access Request per the data protection act again specifically asking for the sales contract plus any other documentation with our details on them. We doubt Everest ware going to share a copy of the sales contract unless we can show them an example Everest conservatory sales contract, and demand they provide our copy. Can anyone share a copy of their sales contract? I’m not after your specifics but just what does the Everest Conservatory sales contract look like, because we cannot remember. Alternatively, anyone out there who has a copy of their Everest conservatory technical sales agreement, where it specifies Shire piling or Helix piling and/or a Quikbase base solution? It doesn’t need to be a contract in dispute, this can be any one that has been successfully installed and the customer is happy with it, either will do. Many thanks in advance, if you can help.
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