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  1. Hi - Recently I refurbished my concrete garage floor. Scrubbed and acid-etched it, applied epoxy primer and 4 coats of epoxy paint for a lovely deep colour. Then finally applied a transparent protective topcoat, which went horribly wrong. The topcoat was supposed to be "smooth satin finish with excellent flow”, but it was actually quite viscous and didn't flow or settle well. Even worse, it didn't dry transparent, but with a cloudy white effect - the floor looks like a glazed doughnut. All materials were highest quality major brand and all bought retail on-line from same UK supplier (nearly £400). I am now in discussion with the supplier about this, and working through the predictable excuses ("you can't have mixed it properly", "no-one else has complained" etc). I am absolutely confident that it was correctly mixed and applied, using scrupulously clean tools etc. I had successfully applied 5 previous coats, this wasn't my first rodeo. The topcoat has set hard, and can't be removed. My only option is to paint over it all again, and this will probably need two coats of epoxy paint to reinstate the deep, rich colour. The materials for that will be around £100. I am hoping that the supplier will provide this additional paint without charge, and if so I'm happy to settle. If they won't offer a reasonable solution, then I will buy the necessary paint from another supplier and pursue it through the small claims procedure). What I'm not sure about is the basis for the court claim, should that be necessary. The supplied topcoat was materially defective, but I can't realistically return it for a refund because it's stuck to the floor. Also a simple refund of one can of topcoat sealant would only be about £40, leaving me well out of pocket. So I think this is maybe a "consequential damages" situation, or a tort? Would I pursue that in the ordinary way by reference to Consumer Rights Act 2015, or is a different model of claim necessary? Grateful for any advice, and especially for links to relevant information. Thanks
  2. In February we bought a Sapphire and diamond ring. It was a new ring with second hand stones. I tried on in the shop, fine. Placed in its box. It was looked at and tried on in home and secure in its box. We decided not to go further with the relationship so contacted the retailer with the knowledge that we would lose a fair amount if they purchased it back. They declined, but advised that we could try to sell elsewhere. Two other retailers looked at the ring and said that it was very nice but it had a chip out of it. We returned to the original retailer who said we must have damaged it. We said not so , but they refused to help. We were not advised that the stone was damaged or had any defect when we purchased it. It needed a jewellers glass to find it. Advice please
  3. The contract between the company and me, of which I signed states: The Purchaser shall not be entitled to withhold payment on account of any alleged defects. The company agrees to investigate any alleged defects after payment in full of the balance. A surcharge of 2.5% per month will be payable on outstanding balances. I paid the deposit of £131 cash in May but they did not put my door in until October, this was after numerous calls to them. The door is black powder coated aluminium. Problem One: Poorly applied caulking, which is difficult to correct because the hinges on the door narrow the gap between the wall and hinge and so no caulking has been applied and will be impossible to apply. The caulking should have been applied before hanging the door. In other places there is no caulking. Where there is caulking, it is a wavy mess. Problem Two: Apparently, the cleaner they used dulled the surface leaving the door looking patchy and dull. I went to the factory. For Problem One: They gave me some white rubber trim to hide the caulking. They did not have any black aluminium trim and they said they could not remove the door so that I might reapply the caulking. I have not attached the white rubber trim because it looks tacky. I have researched and can buy some metal trim, which will cost me about £50 to buy. For Problem Two: I was given some silicone spray and the door appears okay but I find it easily smears. And I am not sure yet if this has cured the problem or if I have to apply the silicone on a regular basis. I said I would pay them because I felt it was the best they could do. But when I got home, I noticed the insulation trim which is screwed to the frame has defective powder coat. The finish has fine lumps over it and the top layer of coat has started to peel. Also, the bottom trim which has been cut on site now shows aluminium along that cut, they could have attempted to paint it. Also, they did not paint the cut edge of the wood doorstep. Now that it is inserted into the brickwork, it will be difficult to paint, but is do-able. I was hoping they would remove the old door frame intact so that I might use door and frame for my garage. This was not agreed before hand and so frame was destroyed. The door was removed from my property. I asked them to return it. They said they always remove rubbish. I pointed out that a handmade door with solid brass hinges and hand forged handle was not rubbish. They refused to return the door but they did remove all door furniture, which I collected from them. I still have not paid them and last Monday, I rang them to tell them about the defective insulation strip and asked them to replace it, but they have gone quiet on me. My question is, shall I pay them the £1,000 and hope they at least replace the insulation strip after the payment is cleared. I should have read the small print - darn it. Guidance will be appreciated - but I fear it is pay up and shut up. Thanks.
  4. I got a laptop from Currys on 15.8.2015. At time of purchase, it had windows 8 and was prompting to upgrade to windows 10. Windows 10 has grown larger in size in recent months now and has currently reached 29 GB. I think soon windows 10 will be larger than 32 GB which is supposed to be the size of my hard drive. Programs cannot uninstall because they need writing space while they uninstall, thw laptop keeps crashing. Currys keep taking it for "repair" which takes 3-4 weeks a time. They say they are just doing a system restore when they have to also reinstall the bios options which have disappeared. I feel this model is a defective one because the hard drive is too small for windows 10. I asked them if they would replace the hard drive with one having more space for money and they said they wont do so under any circumstances. I dont feel as time goes by windows 10 doing all its updates will grow smaller-it is already too big to fit in my hard drive. This is a new model with only usb input and incompatible with older versions of windows. Yet the hard drive is too small for the windows it is supposed to carry. As its become obvious the model is a defective one having too small a hard drive to run the windows it is supposed to run, what are my rights? I am for all purposes wihtout a laptop What are my rights anyone?
  5. Hi, I was hoping someone could help me. Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all. I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault). The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car. Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on). But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described. I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases under the above two scenarios. Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this. Thank you in advance.
  6. Hi there, I am in need of advice. We bought our daughter an iPad Air from Very on 7th Dec 2013 for £399. In November of this year it stopped working and we took it to Apple who diagnosed a hardware fault and not an operator induced error. He even comment to how good the iPad still looked! We went back to Very at the end of November and asked them to sort it under the SOGA as Apple stated that this was good for 2 years. Very originally agreed to a refund minus a 20% usage fee! This has now been on going for 4 weeks and we still have had no resolution. Yesterday they have now stated that the usage fee is £159! Very will only refund £239 into the account but they have already added £159 usage fee tot he account.... What can I ask for, as all I want is a replacement. I feel that we are being pushed from pillar to post and have made no progress after 10 phones calls and multiple emails. Any help appreciated. Russ
  7. Cops came round my house last week and looked around my car parked outside. They asked when I'd last driven it & I told them I had done the day before. They spotted a chunk of material missing from a tyre and booked me for it, meaning I either have to pay & take points or take my chances in court. Thinking it through afterwards I'm inclined to go to court: how can they prove the tyre was like that when the car had last been driven? I never spotted it like that. Who knows, some ne'er-do-well could've come round in the night and sliced it with a knife. No way can they say it'd been driven on the road like that - can they?
  8. In Sepetemenr 2014 we had a water leak and damaged was casused, the Insurer appointed a loss adjuster and due to work commitments we appointed our own loss assessor, who provided a free service as long as we used their appointed Builders. xxx assessors appointed the builders xxxxxxx and work commenced, after they finished, they made me sign a document to confirm all the work was to a high standard, I agreed and provided this as all appeared to be ok. After 2 months we had noticed that the work they had completed was of a very poor standard, 1) THE kitchen tiling had not been completed under the appliances, old tiles were left in place and all the appliances were tile round, when we came to replace these we then found the defective work. 2) THE kick boards were not left in a good state and were falling off as they used the wrong connections. 3) the Toilet they fitted was defective and leaked. We contacted XXXX Loss assesors and after extensive denials they confirmed 5 months later in July 2015 that the Builders were liable and it was not their responsibility as our contract was with the builder! We then wrote to the Builder and sent pictures to them of the defective workmanship and confirmed that we were not now prepared to accept any work to be done and wanted a refund of the £1900 paid by the insurer to remove the tiles make good the floor and retile the floor, we heard nothing. On 20 July we wrote to XXXXX and the Builder indicating if the payment is not returned we will issue court proceedings to re cover the money paid by the insurer, as the work needed to be complete and redone and the floor retiled after levelling. On the 21 we received a text message indicating the following from the Builder!! "Contact was made through XXXXXX , and you have failed to materialise any evidence to our original response? So there's nothing else to say and I'm happy to see you in court where we will hear and see all evidence of schedules, my quote, original false allegations, fraudulent claims for fridges/appliances and the lies that where told and can be disproven, I've have texts from your husband and witnesses disproving many of your accusations/ lies. I was waiting to say nothing and wait for court! But I'm a decent, honest fair man and I'm letting you know today; XXXXXXXX has been deeply scared, upset and effected by this scandalous behaviour and is fully covered legally to seek counter claims for lost time, stress,stress to my family and work staff, false accusation, etc etc. I will not be making any further contact until I see you both face to face in court" We have written back denying his accusations and given him 7 days to refund the money so the work can now be done correctly!
  9. Hello there and thanks in advance for any help you can give. I have recently bought a Samsung 7000 series TV from JL and have persistently had lip synch issues. I have contacted Samsung and followed all their advice to no avail. I've now been back to JL to ask for a replacement TV and been told that there are non in stock, but 160 expected soon. However, they also say that they won't reserve one for me until they're in stock, and, the expected delivery may already all be sold. My question is, shouldn't existing, defective equipment, be replaced before any new orders are fulfilled? Surely, using their existing policy, I could potentially never get a replacement TV if JL always supply new orders before existing, defective units are addressed. Any helpful advice is gratefully received.
  10. Hi all, About 3 weeks ago I pre ordered purchased a brand new Samsung Gear Live watch from Google Play Store. Whilst waiting for the watch to arrive I noticed some of the people that had received the pre release watch at the Google I/0 conference had reported the charging cradle that snaps onto the back of the watch was damaging the plastic on the back of the watch meaning they were no longer able to charge the watch. With this in mind I have tried to be very careful with the watch removing the cradle from the rear of the watch with care. Unfortunately however the watch has succumb to this fault and the charging cradle has broken the plastic on the rear of the watch meaning I am unable to charge the watch. Below is an example of the problem which is well known. http://www.sammobile.com/2014/07/07/samsung-gear-live-charging-mechanism-reportedly-getting-damaged-easily/ I contacted Google play and they have offered me a new replacement watch, after some persuasion, however, I am far from confident that this will not happen again, I asked Google that I would happy to accept a new watch if they could offer a different way of charging that did not require snapping cradle on to the back of e device risking it breaking again. I have requested a full refund, my argument is the charging cradle is not fit for purpose as it breaks the device. Do I have a case in consumer law here?
  11. We renovated our bathroom 4 years ago and had a bath tub and shower screen fitted as part of the work. It was bought from an online store (with an actual high street store behind it). It had a good reputation/feedback, so I was confident in buying from them. We have used the bath/shower for the last 4 years until a couple of days ago. While bathing my 3 year old son, the shower screen dropped without warning. The impact of the falling shower screen was on my face - I had a bruised cheek and broken glasses (glasses on my face to see with, not the shower screen glass). I caught it in time before it hit my son, so we were relieved that he was ok. After assessing the shower screen and the wall fitting it was secured to, I saw that the hinge had snapped and a piece had broken clean off. It is made of plastic and I wasn't expecting it to fail after 4 years (or ever). The shower and everything else in the bathroom has been well taken care of and only cleaned with standard domestic cleaners (nothing harsh or likely to corrode any of our bathroom fittings). There should be no reason for a plastic part to be used in a safety critical item and there was no indication that any part was about to fail. I contacted the retailer and sent them pictures of the faulty hinge/fitting. They responded by escalating the matter to the manufacturer, who has stated that they will send a replacement set of hinges. I have asked them for their assurance that the replacements will not fail - I want to be confident that my family is not put at risk again. Should I accept this as the end of the matter? I suffered an injury (that I will get over) - but what about my broken glasses? Do I have any claim against the retailer and/or manufacturer for the loss?
  12. Hello, I asked MKDP for a deed of assignment, the response back from them was to send a notice of assignment which has an incorrect outstanding balance on it. To be honest I suspect they copy/pasted and forgot to change the outstanding amount. Any suggestions where I go from here?
  13. I bought an Acer Aspire V5-552 from PCWorld in December as a Christmas present. The laptop was opened and worked fine on Christmas day. The next day when it was opened up the screen was cracked. The crack quickly spread across the screen. Please note that this laptop was not dropped or in any way physically damaged. The crack was spontaneous and a result of a defective screen. The only fault I can find without taking it apart (which would void the warranty) is a slight ridge on the bottom bezel where the crack seems to start from. Presumably this was there when the laptop arrived. I contacted Acer who confirmed that they would repair the laptop if I hadn't got it from PCWorld. PCWorld have bought all their warranties so they are responsible. So I took it to KnowHow who refused to look at it. KnowHow employee told me he isn't allowed to take cracked screens and it is obvious it was dropped or kicked or been in a car crash (he really said this). Actually other then it being a crack it doesn't look obvious at all. The crack is clean from the point of the ridged bit of bezel to the near top part of the right-hand bezel. There are no impact marks and actually at the time this guy 'analysed it' the screen protector was still on the screen and completely unmarked. I was also told by this employee that KnowHow wouldn't look at it as I had registered it with Acer so it wasn't 'new' any more. I registered with Acer after the crack appeared, this guy seemed incapable of understanding that I can use the laptop without the screen and I am incapable of understanding why I shouldn't use it while waiting to get the problem fixed. I was later reassured that this is complete nonsense, but it puts into context the kind staff that are working in PC World's KnowHow support section. I called KnowHow and complained that the shop had refused to properly look at the laptop and that I had already described the problem to Acer who have said they would repair it. The team on the phone said that the store should have taken it that they have no choice but to take it and it would be the repair team who decided if it should be repaired. He said he would call the store and I should take it back again (it isn't easy travelling to these stores - I don't have a car). He advised that I get something in writing from acer confirming they would hypothetically repair it as an aid to convincing the store to take it, despite it being the stores own policy that they should take it. I called acer back and tried to get them to confirm in writing that they would repair it. They wouldn't do this under the pretence that confirming hypothetical repairs is a bit mad. They did say they would repair it if it wasn't a knowhow laptop and gave me the ID of the person I spoke to so KnowHow could call and speak to him if they needed. I called KnowHow back and told them what was said. They then told me there was no need for me to do this that they can just arrange to have the laptop picked up. Fine. I arranged for it. I said I was a bit worried after my experience in the store that the team would not properly look at it, that they would see the screen is cracked and decide I fell down a flight of stairs with it before throwing it into a car crash. The KnowHow employee admitted that it may just be ruled as physical damage, but that they should look at it, and he would put a note down about my 'bezel theory'. Not exactly filled with confidence I wrote a letter for the KnowHow team that would eventually look at the laptop, asking them to check the bezel and asking them to test it for defects as the thing was not dropped (for the record it wasn't moved from the position it was working fine in the day before, it was just closed). When KnowHow came to pick it up they refused to take the letter as it was apparently this guys job to take the laptop "and nothing else". I got a letter today from KnowHow saying "we can't repair your laptop as it isn't covered by the warranty". This is not true as it is the same warranty that Acer have already confirmed twice does cover this laptops screen. I am pretty sure that they didn't check it, just switched it on, noted crack, and then switched it off. I have been reading about this online and I can see that screens do crack in this way, usually within a day or so of being used (like my laptop). Various reasons given are cold weather (it was freezing cold), faulty installation (the bezel is slightly damaged) or just defective screens. I also keep reading about 'tests' that can be done to determine if the damage was physical or not. Could someone here with some knowledge elaborate what those tests are? Acer were very clear that the screen was covered so perhaps there is an issue with the model of laptop I bought. Finally can someone advise me what I should do now? I think I can repair it myself but that will invalidate the warranty so I'm saving it for a last resort. I know PCWorld should repair it but it is seeming impossible. I am angry that I paid for a laptop we got only one proper day of use out of. Thanks for taking the time to read this I know I have written quite a lot but I want to be as clear on what has happened as I can be.
  14. Hi Chaps, My bad luck with bikes continues... I purchased a new cb1000rr ABS from Fowlers in Bristol in March 2012 as a replacement for a ktm rc8 that blew up. It is still under warranty. The bike developed a fault with the brakes some months ago. The symptoms were spongy brakes with no power and the lever biting point not consistent. The lever occasionally comes back to the bar unpredictably with no application of power. The brakes are generally spongy. The bike has been back to Fowlers 4 times to fix this. Every time it is returned, they swear they have fixed the fault (air in the system, bled it 7 times, leaking caliper seal where they were replaced) and every time the vehicle returns to me the fault quickly re-occurs (1 or 2 days). I have been unable to use the vehicle for some months now, as it has been either in the workshop or waiting on a workshop slot to become available. There doesn't appear to be any understanding of the cause of the fault or ability to test if it is rectified. There is also the issue of my safety. It's brakes FFS! Clearly, I can't keep being a guinea pig and I'm getting incredibly frustrated at the lack of progress. I have involved Honda customer services, but they don't seem to have any solutions or sense of urgency. Could someone offer advice? (Note, this seems to be a theme with the Honda ABS sportsbikes if forums are to be believed... it's not so simple as a leak from the brakes, the abs system is an incredibly complicated setup that relies on flow modulators and is linked front and rear - the modulators are about £1500 each...)
  15. Hi All, I made an online purchase for a premium hotpoint washing washing machine that cost nearly £600 including a whatever happens cover. Goods arrived Wednesday 19th June, I have encountered nothing but problems since hence I am seeking advice. Background - The washing machine strives on it's anti stain technology feature which I put to the test the very day of delivery after running the first wash cycle on auto clean mode as per instructions in manual guide. I used fairy washing powder and found after the cycle had ended the clothes were still stained. Perplexed as to why this had happened I set about purchasing a more stronger detergent as I thought Fairy was quite mild. The next wash I used persil liquid tabs that were placed directly in the drum, this time after the cycle had ended not only did the clothes have the pre washing stains but it also now had new additional stains from the liquid tablet which looked like blue watermarks on the coloured clothing. I rang currys and encountered a long catalogue of blunders with customer service until eventually an call out was made for an engineer to come out and inspect the machine. I originally wanted a refund but I was told that the machine had to be diagnosed and fault found before a refund/exchange is offered. Fast forward to when engineer arrived and this is when my real problem started - Engineer asked me to demonstrate how I would start a wash cycle. I explained I only used fairy washing powder once but have been using the liquid tablet which I place directly in the drum. I thought I would demonstrate both methods; however when I started placing the washing powder in the soap dispenser he corrected me immediately to say I used the wrong compartment. Ok fault admitted, I inserted the washing powder in the wrong place. So soap dispenser was taken out and rinsed thoroughly. Next I showed how I would use the liquid tablets in the drum which I did correctly and he told me to start a program. Once program had started engineer stated he thinks the problem should be fixed now as he believes it was a user error. Hang on I said "what about my ruined clothing which was as a result of correctly using the liquid tablet in the drum"? His response was it must have got trapped in the drum somewhere which shouldn't happen again. in total he spent 15 minutes from arrival to finish and went away as he had other jobs. Fuming that he did not return to review the wash cycle I called Currys and experienced their rubbish service again about how to wait after wash cycle ends and check to see if clothes are still stained. Two hours later the verdict was in - as expected clothes had been ruined again. So back on the phone to Currys and again another encouter with an unhelpful member of staff who spoke to Hotpoint. Hotpoint claim as no fault was found and it was user error, I need to run the machine on auto clean mode so that it can get rid of any residue which was as a result of misuse. Fine, I hang up and run the machine as per instructions on auto clean a good few times. The results after adding more dirty laundry - the same as before. At the end of my tether I wrote a letter with pictures of ruined and dirty stained clothing and emailed head office highlighting my concerns and requesting a refund under SOGA as goods are not as described in product specification and are not fit for purpose. Currys called me today apologising for my experience but explained that they still need an engineer to inspect the machine again as last engineer found no fault and placed blame on user error. The representative used this excuse to his full advantage despite dismissing my claims that I have given Currys every opportunity to rectify the problem and also implemented their suggestions of running the machine on auto clean mode to counteract any build up residue from the first cycle. Furthermore he quoted me SOGA by saying I need to give them a chance to repair the problem before a refund could be issued. He was very insisted and even wanted to try and arrange an independent engineer to come out at my expense. I outrightly refused to pay for the engineer call out. I am now awaiting to hear from him again as I asked what the protocol would be if I did allow another engineer to inspect the machine as I do not want to find that like the last engineer they disappear again after a short while without viewing the end result. Phew that was long! Ok so now I need to know where do I stand with this legally? Do I follow up Curry's suggestions and pass from pillar to post with no expected result in sight or do I contact my credit card company and ask to put in a claim under section 75? I have only had the machine for less than a month and have all the photographic evidence, letters and call logs as evidence to prove my case however I need to know where I stand legally. Any input would be greatly appreciated. Thank you
  16. Hello People I'm being taken to court for the finance co to get possession of my car due to missed payments. I have a couple of issues which I would like someone to clarify if possible please. (Bear with me it's a case of one HP agreement forming part of the current one) Previous car loan was applied for by OH and all negotiations were between him and salesman. OH couldn't get credit so over the phone salesman asked me if there was anyone elses name he could use as we would lose the car otherwise. Reluctantly I gave mine - doh. I was asked to sign some forms and we had the car. I had no idea what the payment terms were at time of signing since OH had agreed the terms not me. (Was this mis-sold to me because of this? It was late 2005 and I had no pre loan info whatsoever either) FFwd 2009 bought another car with £1000 owing on first car. "Not a problem, we can sort that out" says the salesman. I was asked if I wanted a warranty, 'no' I said. Next day I had a call to say 'new loan is agreed and we're throwing in a free warranty'. Great I thought, this is persuading me to def take the new car. I'm now being taken to court as I said so after looking at my HP agreement and other paperwork it turns out the warranty was not free and the RTI insurance was only for a couple of years but I am paying over the life of the loan which I didn't know. So can I counterclaim the warranty, RTI insurance, late payment £30 fees, and the £1000 added onto this agreement from the first agreement since I wasn't told that this is what they were going to do? Had I known I would not have gone ahead at that point, I would have waited the extra 4 months and paid off the first agreement because what is 4 months when the first agreement was over 4 years? Can anyone offer any advice since I have 9 days left to file my defence. Thanks
  17. Watchdog slams UBS's computer systems which allowed 'junior trader' to take risky trades Kweku Adoboli, 32, jailed last week for seven years Court heard how trader 'was a gamble away from destroying bank' Read more: http://www.dailymail.co.uk/news/article-2238520/UBS-fined-30million-seriously-defective-controls-allowed-rogue-trader-gamble-away-1-4billion.html#ixzz2DKXzjnev
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