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Found 209 results

  1. Guest

    Unsolicited Goods - Guitar

    A company with whom I hold an account and have made purchases from in the past have sent me a guitar I didnt order. The guitar was added to my account with a price of £0.00. The guitar duly arrived Addressed to me at my address, it came with an invoice that listed the guitar and a price of £0.00. 2 weeks pass and the company have now emailed asking for the guitar back. Im fairly certain that although they may have made an error, I am covered by the unsolicited goods act and am under no legal obligation to return it. Can anyone help me clarify this ?
  2. Hi all, first time poster so please bear with me and i will do my best to make sense. I moved in to my current property in October, in December I received two letters regrding non payment of council tax for my previous property informing me that a liability order had been made against me in June 2016 and June 2017 and that all there efforts including council enforcement officers had filed and they was looking at getting an attatchment of earnings. I ignored the letters as i was happy for them to have an attatchment of earnings. After speking with my work I discovered that an atttchment of earnings for both the letters had been obtained (and sure enough money was deducted from January so all well and good I thought) However when I returned home yesterday there was a "control of goods" letter through my door (the letter is dated a week agao) - hand delivered (plese see attatchment) I called the council and this is wht i have discovered - I have 5 liability orders against me! 2014 (attatchment of earnings) 2015 (attachment of earnings) 2016 (set monthly plan up) 2017 (set monthly plan up) 2018 (Newlyns) liability order June 18 I am told for the Newlyns I have to deal with them directly. After doing some reading I believe I should of received some form of correspndance from Newlyns before a control of goods letter ie notice of enforcement etc obviously with the letter through my door it has more than doubled the amount of the originl debt. I know not to let them in and they cant take anything etc (Only have my partners car on the driveway which is registered and owned by her fathers business) I am hoping for some advice on what to do now regarding the Newlys letter Sorry it was long winded, I was trying to give as much detail as I could the debt is for a property I lived at on my own and I have only lived with my partner since November 2018 in a new property - not sure if that is relevent but thought i best add it
  3. Hi All, To keep along story short, we bought a toilet didn't like it so sent it back to victoria plumb through DPD couriers, we have been told the goods were damaged and won't get full refund. Who is liable? Many Thanks.
  4. Two days ago I bought a freeview box from Littlewoods but after plugging it in and having a look, it is completely unsuitable, I can't even read the channels in the guide. Can I return this and cancel the order please or will it be refused because I plugged it in ?
  5. Hello I am posting this on behalf of my father who used parcels2go to return a zimmerframe which cost £89. He also paid for extra insurance on the web site in order to sent this item back. My father was unable to use his printer to print out a label and informed Parcels2go. Parcels2go sent Hermes to collect the parcel. The parcel was collected by a Hermes courier on March 15, 2018 and has been missing ever since ! After numerous chat sessions and emails no progress in finding the parcel whatsoever was made. Hermes admitted that the parcel was lost by them, but told us that we had to contact Parcels2go. Parcels2go said that we should contact the retailer etc .. Long story short Parcel2go offered a refund... only for the delivery costs. The total sum of £12. My father was ready to say goodbye to his money. Luckily I found your website and on Saturday I sent them a letter before action giving them 4 working days to respond, because so much time has already passed. If you read the correspondence it really seems as though they are just trying to waste time . This is what they sent as a reply to the letter before action: Good Afternoon Ashley. Thank you for your email. Firstly, please allow me to apologise for the inconvenience caused to you and your recipient. I cannot see the links you have provided in your email Ashley. If you have sent attachments, we are unable to view this on this account due to security reasons. Please upload this directly onto your claim or email ,,,,,,, Should you have any further queries Ashley, please do not hesitate to contact us. Kindest Regards A Ali Parcel2Go.com What a joke ! We did not send any links or attachments .This whole back and forth with these people has been an absolute nightmare. I think they do it on purpose to wear you down so that you just give up. I convinced my father not to let them get away with this. He paid for a service then paid for insurance for the service ... ( so bizarre. ) Could you please advise us on the next steps to take Thank you so much for taking the time to read this
  6. Hello, I will keep it short. I bought a TV from JL in May 2018 I noticed a possible fault and have video evidence with dates etc so confirm it was within the 30 days and six months, I made a silly error of trying to put up with it as wasnt sure if it was a fault or that it was a characteristic of LCD TV's (I had a plasma) only down the line nearly six months later I am to find it was a faulty panel and a new panel for my TV was needed. I understand under the Consumer rights after 30 days but before six months I have to give the retailer a chance to repair if they think that is the best way forward (I asked for a refund/replacement first, they said no) an engineer confirmed it was faulty and a new panel was supplied by Panasonic and the repair at my home was to happen today. After an hour of stripping the TV down and the new panel fitted it was put back together and powered up but only to find that the new panel was smashed so you can imagine how annoyed myself and the engineer was. The TV has been taken away to be repaired in the workshop. I contacted JL and rejected the goods as unfit and the fact they have had one chance of repair which was unsuccessful. They replied that the TV will go ahead and will be repaired and returned to me and I would get a small compensation. I said no I am rejecting it but they insist that because it wasnt actually fully put back together (back panel was still off) and tested that it isnt classed as a unsuccessful repair. So what do you think, am I right or are they right? they are now waiting for a Martin Dawes report. I have sent a letter of rejection. I paid using paypal and £100 JL voucher. My mistake and I know I am kicking myself was not to do this within the first 30 days but I have my reasons. thanks ​ Fuming even more now. The engineer JL used, Martin Dawes have just rang to tell me they have put the old panel back in and say its within spec. it certainly isnt, this is the same engineers who stated it had a faulty panel in the first place and agreed with my complaints about banding, pixelation etc. I did notice when the engineer was moving the new panel on the trestle they use he bent it downwards but though nothing of it, maybe he had broken it and or Panasonic wont replace it so looking for an easy way out or JL have had a word.
  7. Hi all, I am new to this site so please forgive me if I have posted in the wrong place. I have been fined £1200 by a magistrates court around 2 months ago. At the time I was not able to pay and was instructed by my solicitor to state that I could pay in instalments once I had an income to avoid a harsher punishment by the judge who was not in the best of moods on the day. I was advised by my solicitor and court staff to contact the collections department for fines to offer an amount I could pay monthly, every offer I ever made was refused for a payment plan but they kept telling me I could still make payments if I wished to do so. To this day, I genuinely have been unable to make any payments. Since becoming unemployed prior to this fine, I had to find a way to create an income. I set up a private limited company in August 2018 working from home selling goods online. I am the director of this company and 100% shareholder. My question is, now that I have started to receive letters from the court stating that further collection acticiry will take place, can bailiffs or court officers take control of assets/stock belonging to the private limited company which I am the director of? Any help would be appreciated as I am expecting a knock on the door any day now. Every week any money I make is being reinvested into existing and new stock, packaging, supplies etc. I am not yet paying myself a wage. I started this company with a surprise tax refund cheque and through selling my personal belongings as I needed to create a source of income as I was struggling to find work. This has paid off as my business is now getting somewhere so to speak. If I have missed any crucial information please forgive me and I will reply asap to any questions or requests for further information. I want to know whether what I have now finally built could be taken away by bailiffs / court collection officers!! Kind regards Hks91
  8. Hello, I purchased two baby pushchairs on Amazon from two separate retailers last March 2017. Both prams developed faults after 6 months, which was documented in emails to the manufacturer Cosatto, who told me each time how I could make the repairs myself. I didn´t make the repairs as, after subsequent faults appearing, I went back to the retailers on Amazon (Babyland Fife Ltd and Online4Baby, who say after 4 months they are no longer liable for the warranty or a refund, and that I have to take it up with the manufacturer. The man. (Cosatto) say explicitly, that they have nothing to do with it, it´s a transaction between me and the seller. I have been going round in circles about this between the retailer and Amazon since May 23rd. Finally, Amazon said they could do nothing as the products are older than 120 days. What is the best thing to do please?
  9. Hello all. So todayI received a “CONTROL OF GOODS” letter at my house from Newlyn. It was for a PCN which I had received, whilst the car was registered in my mum’s name. Since this January, the car has been registered in my name. Also, the house is in my name, but the car has always been registered at my home address. Cut a long story short, my folks split their time between our house in Spain and the UK. When in the UK, they are based at my address. They wanted £248 paid by the 11/07, but the letter wasn’t received by them until the 22/07, as my folks were away until then. Upon seeing the letter, I paid £98 on the 24/07 and paid the remaining £75 yesterday. My plan was to have it paid by the end of the month. In total, I paid £173 for the PCN. This did not include the £75 compliance charge which I wasn’t going to pay. Although, I was going to send Newlyn a letter asking them to justify their compliance fee. The ticket was from Ealing council and wasn’t the first one I’ve had from them, so I don’t have a problem paying the actual ticket. That was £175. My concern with that is that Ealing council never sent through any notifications that I had forgotten to pay the original PCN. If they had done, it would have been with any post addressed to my mum. And having had tickets in her name before due to my parking, I’d have heard about it  When my folks came back, the first they’d heard about it was when a letter from Newlyn arrived. This is something I need to deal with after as my main concern is Newlyn returning to my house. I believe I need to get my mum to send off a TE7 form to the Traffic Enforcement Centre as at the time, the car was in her name. Am I correct in this ? I’m not contesting the PCN. I received the ticket and never paid for it.However, it seemed to go straight to the enforcement stage. This morning, I received an unsealed, hand delivered letter through my letterbox. It was dated the 17/07/18, which already got alarm bells ringing for me. It was the “control of goods letter” saying to either pay £826 straight away, or have goods removed. I haven’t contacted them yet, as I wanted to get some advice on the matter first. Can my car be clamped, or removed if it’s now in my name and on my drive? I’m self-employed too and use the car for work purposes. Also, can they enter my house forcefully? By that, I mean can they force locks open to get in and remove goods? And if they do turn up, what should I be saying and asking? My plan was to contact the person who left me the letter this morning, as they left a contact number.Also, to contact Newlyn. As far as I’m concerned, the £173 for the PCN has been paid. Anything else is just Newlyn trying to get money from me. What really concerns me is the two-week discrepancy from the date on the letter, to when they posted it through my letterbox. Like I said, I had no problem paying the PCN but £656 in “fees” is just robbery. I’ve been looking over various parts of the forum today to see if others have had similar situations. Seems I’m not alone  I hope that all made sense.
  10. My partner ordered some branded USB drives (credit card style) from a reputable printing company. She has used them before for other products, and to be honest, the quality has always been reasonable. However, the quality of these USB drives is terrible. The 'printing' bit is ok, but the base product is awful. They look really cheap and nasty. The material has a poor finish and there is a small gap where the USB section swivels around. Also the USB section doesn't fit snugly into the rest of the card when closed, which means the printed image is not lined up correctly. We would like a refund if possible. A replacement would be ok if the quality were right, but I suspect this is a standard base product that they use and that any replacement would have the same defects. I spoke with them on the phone, and they have requested photos, which I am sending now. But I didn't get the impression a refund would be a likely option. And as mentioned, I'm not sure a replacement would be adequate. I'm not sure what our rights are here. The goods were ordered online (which would normally allow a return period after inspection). But I have read that normal rights are not applicable when ordering 'customised' goods. Nevertheless, the Sale of Goods Act does state that the quality of any goods must be satisfactory. Can anybody offer some advice as to the best way to proceed?
  11. Hi We are a small block of flats managed by our own residents. One of our leaseholders ordered some post boxes from an online retailer who it was thought was reputable and could be relied upon to supply us with two banks of post boxes. The post boxes arrived on a large pallet and the lady who ordered them did not open them at the time as everything appeared to be ok from the outside,,,, A few days later she took a brief look inside the wrapping only to discover that the pallet had taken a knock somehow and the weather shields which surrounded the post boxes had been damaged,,, The lady who ordered them then contacted the supplier to tell them about the damage, and they told her that there was nothing they could do as she had not checked the delivery on arrival. She disputed this, so they then told her that she should take it up with the delivery company,,,, After considering what they had said, she then told them that she was not happy with the goods and that they should rectify the problem,,,, they eventually agreed to send new weather surrounds for both banks of letterboxes, which they said could easily be replaced as they were bolted on. But, a few days after when one of the directors decided to unpack the pallet properly to check the rest of the contents, it was discovered that there was also dents and scratches on some of the post boxes. Please can you advise what would be the next step, can we ask for a refund, as the post boxes are not in good condition and cannot be replaced individually as they are pop-riveted together,,, Any help would be gratefully received, and am I right in thinking we have 30 days in which to ask for the goods to be replaced, or a refund?
  12. 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
  13. Hello, Thank you for taking the time to read my post. I placed an order with Amazon 23/03/18 for canon 6d camera, "delivered" and signed for 26/03/18 On opening the parcel I find a desk lamp, yes a £13 desk lamp which Amazon sell instead of a £1700 camera! call is made to Amazon who state, will email an affidavit. This is filled, signed and emailed back to uk-deliveryinvestigation at amazon Cs reply back and state they will be in contact within 72hrs. It has now been over 72hrs. So an email is sent out stating: I have been very patient in waiting for your investigation. If you can shed some light on the matter before I look into speaking with my bank and starting a Section 75 and bringing in Trading Standards. They get back with , 'We have fully investigated this matter with the carrier. And if you want us to take another look provide a police report'. I feel this has nothing to do with the carrier, their carrier Amazon Logistics. I email again this time for the serial number of camera, they state this would be on the box. They are really funny I have asked Virgin credit card to step in. In the meantime has anybody experience this from Amazon? And has anybody any advise? Kind regards and thank you for reading this post, very much appreciated. Dan. p.s. I order a lot of camera related material from Amazon and have placed 370 orders since 2016. And below is just a bit of Columbo. The box size the lamp came in was an E6. Amazon normally send cameras in a E3 box size with 'corrosive materials' sticker. If I would have noticed the box didn't have the 'corrosives sticker' I wouldn't have signed for the order.
  14. Hello all, An acquaintance of mine got a parking ticket some time ago. The ticket and all correspondence went to her Grandmother’s address as she had previously lived there before being rehoused by the Council. The ticket remained unpaid and was escalated and the amounts increased. She lodged an appeal and a rejection dated 1st March was send to her stating that her appeal had been received out of time. The letter further stated that she would have 14 days to further appeal if she was not satisfied with the outcome. The letter arrived either Saturday 3rd or Monday 5th and waited in the house unopened by the Grandmother until today 6th March. I happened to be working with a family member (the girls Auntie and the householder’s daughter) when we got the message that Marstons HCE had knocked on the door and been let in! I at once went with the Auntie to the house which is a well-to-do four bedroom property to find a single and very unpleasant HCE from Marstons. The hall had some items in it that the guy had taken out of the dining room and living room, notably a TV, a nice small draw set and some pictures (prints I think rather than originals and not of significant value). I pointed out to the guy that these items were not the property of the Grand daughter who no longer lived there. He said we would need to prove that. I know for a fact the daughter lives elsewhere as I have known the family for over three years. I asked to see the paperwork related to the search and he said he did not have any as it was all on a tablet computer. He refused to let me see it as he said (probably correctly) that under data protection rules he could not show it to third parties. I do not know if he showed it to the grandmother (presumably under DPR he should not have!!) or if she comprehended what it was. By this time a Community Police support Officer had arrived (we had called the police) and she stated she was there to stop a breach of the peace and not to take sides which I expected and accepted and is I think the proper police stance. I pointed out to the officer that no printed paperwork had been produced or was in evidence, that the guy was not apparently making a list of items for removal and that he had been told by three different people that the granddaughter did not live there and as he had already stomped all over the house it was self-evident she did not live there. It was further evident that the items being taken were the property of the householder, they were not taken from any of the bedrooms that might conceivably be occupied by a granddaughter but from the living room and dining room. At that point the support officer called for backup and in short order two uniformed constables arrived. The police I think found themselves in a quandary as the HCE was adamant that it was up to the householder to prove the items did not belong to the granddaughter not the other way around but I thought this was an abuse of the situation as, to repeat my phrase from above, it was self-evident that the items were that of the householder. One o the police officers was shown the tablet computer and confirmed that a warrant (or writ or whatever the document is) was there for the collection of the fine or removal of goods) though I never saw it myself. The situation came to an end when the Granddaughter was got on the phone and asked her grandmother to pay the fine of which about half could be raised. The HE was unrelentingly hostile and rude. He did not like the situation reversing as one moment he was in a large house by himself towering over a small woman in her seventies and then next he was confronted by myself, a daughter and three uniformed officers. When we told him we would peacefully obstruct him from removing any goods (by standing in front of the doors) he threatened to "remove us" to use his terminology. The woman was left (temporarily) out of pocket some hundreds of pounds and left shaking and her house was in some disorder. My questions here are as follows 1. If this is at appeal should HCE action be suspended? 2. Once the letter is issued rejecting the appeal should HCE action be allowed to continue during the 14 days the Rejection letter allows for a further appeal. 3. Is it reasonable for HCE to arrive six days after the DATE of the Rejection letter, it can hardly have had time to be opened and read, never mind acted upon? 4. Should the HCE not have paper copies of any authority he has to gain entry and seize goods? 5. If he has been told by two other parties as well as the householder that the Grand Daughter did not live there and the items he was attempting to seize were not those of the granddaughter should that not be enough proof? 6. The lady was elderly and had a blood pressure condition. No attempt was made to determine if she was vulnerable and as such refer the Warrant back to the creditor/issuer to see if they wished to continue enforcement, is there a case against HCE for this omission? I hope fellow CAGers will understand that we are all very angry. I beleive that whatevere the merits of the fine and it's collection that the grandmother and her house have been violated. Any ideas who we need to go after? Do we have a case of any sort against Marstons? Do we have a case of any sort against the Council? Can we develop a case against the individual HCE for his behaviour or his firm? As of now the case is over as the outstanding amount has been collected by aggression and dirty tricks and despite the appeal process not being exhausted. Any responses gratefully received.
  15. Hi good afternoon In December 2016 i paid a £1k deposit for some goods, i did so before January as the supplier said they're increasing their prices by 10% in Jan 2017, so its a kind of worked as a holding deposit. There was a 10k balance to be paid before goods could start to be ordered and delivered to me at the start of 2017 things financially took a turn for the worst, i couldn't continue with the business venture and over the coming months tried to pick up again but it was not possible. I then proceeded to ask the supplier if i could get the £1k deposit back, replied with the straight answer of "With regards to the deposit payment they are non-refundable due to our terms & conditions." I've not argued this yet and wanted to come here first to see the best practice, I've never seen any terms and conditions, no paperwork has ever been sent to me via post or email and this deposit was paid via card over the phone. Nothing about this being non-refundable was mentioned. The supplier wouldn't be at a loss because nothing was actually ordered, held back specifically for me etc. Have I got rights to get my deposit back in this case? Thanks
  16. Hi I am not sure I am posting in the right section so apologies in advance. I bought a humanoid robot, ordered in May (2017), received June. It developed a fault in July after general setup. Contacted the reseller I bought it from and he advised me to send the robot back to the manufacturer in Paris. I logged a support call with the manufacturer they went through the process of checking, asking me to do various things including sending them videos of the fault which they eventually confirmed that it needed to be returned for repair. I thought nothing of it (I now realise, I should have requested a refund or replacement -as it was within 30 days). I paid the courier service to return the robot to Paris after nearly a month the robot was returned, with nothing to indicate what had been done to it or what the problem was with it. I sent an email asking this question had no response from the support department. Please note that the robot is an essential part of my work as I teach robotics and run workshops during that time I had to cancel my bookings and shift things around a bit until I got it back. Since the robot's return in September, I have had a number of deaths in my family so had not spent much time using the robot. I used it to create a programme which I could not finish because of the family issues. Everything seemed ok when I did use it although a couple of occasions displayed the same issue it had gone for repair for. As it wasn't significant I had ignored it. A couple of weeks ago I was at a meeting with a large company who offered me some consultancy work where they were interested in running a project with my robot, I decided to create a programme to use as a demonstration for them. In doing so the robot started demonstrating the original fault this time worse than before (problem with the motors which caused it to constantly crash). I videoed this as best as I could whilst holding it so as not to damage it. I contacted the reseller and demanded from him to sort out the issue between him and the manufacturer as my contract was with him and not the manufacturer. He agreed to sort things out on my behalf. He did this ensuring that I was copied into all emails. I had explained the problem and requested a replacement, sent the videos I had recorded. The manufacturer wanted details of the previous return, which I supplied, only for them to respond saying that when the robot went for repair, I had not supplied them with detailed information of the problem (which I had) they had only checked the robot and it was fine so sent it back. They also refused my request of a replacement robot however, offered to collect and repair at their expense. I responded to their email explaining as above and the fact that I was not happy about not being offered a replacement and gave them details as to when they can collect the robot for repair. my anger, I decided to search online for my legal position and realised that the reseller is the one who should be offering me a replacement or full or partial refund. The reseller has simply said to me in an email that I should deal with the manufacturer direct and he will help me where he can. I realise that I should have had this info when the first fault occurred, then I would have been able to demand the refund or replacement. We are now approaching 6 months since I received the goods following my order. Please can someone help me deal with the reseller as I believe that he is responsible as he was paid for the robot and not the manufacturer. I stated in my last email both of them that I was not happy with them refusing to replace the robot and that I did not feel confident that the matter would be properly resolved since they didn't repair it despite me clearly indicating what the fault was. Are there any strongly worded letter templates I could use, or is this a matter for the small claims court against the reseller? I have also asked who is going to pay for my loss of earnings since the robot has not been fit for me to use as I should? Any help would be greatly received! Thanks JS Sorry for such a long post.
  17. ‪Hi Guys. ‬ I received a letter from county Court which say “notice of warrant of control”. Creditor : Lowell portfolio Ltd Re: Lowell financial limited To the debtor : “ You have not made payments under the judgement as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize your goods. Unless you pay the amount due in county Court by 24th November. Total to pay (including fees) on this warrant £ 170.25 Balance outstanding (after payment on this warrant) £ 572.57” The problem is I haven’t received any letters from court or Lowell. I have no idea what this debt was for? I am not always on this address as well. How can I stop this warrant,obtain further details about this debt and defend this claim ? Any advice will be welcomed. Thanks ����
  18. I purchased an Xbox One S last December from an shop that has now gone bust. I have had this game console replaced (Direct from Microsoft and not the shop I got it from) with brand new units 3 times, due to a faulty fan, since (the last replacement was in February) The exact same problem has happened last week. So I got on to Microsoft who said they would repair the console. I do not want this repair and want my money back. Microsoft refused to do this and said they would only repair the console. Can I get a refund or do I have to accept the repair? TIA
  19. The following is a copy of a very recent decision from the Local Government Ombudsman. This particular decision is a vitally important one as it refers to the correct procedure that should be followed if an individual has had his goods taken to settle another person's debt. In almost all cases, the goods in question would be a motor vehicle. PS: As the decision is very lengthly, I have split it into two separate posts. London Borough of Ealing (15 016 609) Summary: The Council’s enforcement agents were not at fault when they seized Mr X’s car to recover an outstanding penalty charge. But they failed to advise Mr X of his right to make a claim under the Civil Procedure Rules. The Council has agreed to take the steps recommended to remedy the injustice caused. The complaint The complainant, whom I shall call Mr X, complains that enforcement agents acting for the Council removed and eventually sold his car to pay for a debt which related to the previous owner. Mr X says he provided the Council and enforcement agents with proof he had bought the car in good faith but they did not accept it. Mr X would like the cost of the car refunded. He would also like the Council to reimburse him for the cost of possessions he lost when the enforcement agents seized the car and the hire car costs he has since incurred. The History The car referred to in this complaint was formerly owned by Mr Z – who previously lived at the same address as Mr X. The Council issued a Penalty Charge Notice (PCN) to Mr Z. When Mr Z did not respond to the PCN, the Council obtained a court order which allowed its enforcement agents to recover the money owed. On 10 September 2016 the enforcement agents issued Mr Z with a Notice of Enforcement (NOE). This told him that enforcement action had started and gave him 14 days to settle the balance or agree a payment plan. Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (“the Act”) says that once enforcement agents issues an NOE, the goods of a debtor are “bound”. This means the debtor cannot sell them or give them away. But Schedule 12 of the Act says that if a person buys goods from a debtor which were bound, they can keep them if they can show they obtained the goods: in good faith;for valuable consideration (normally money but can be something else of value); andwithout knowing the belongings were bound. Mr Z did not respond to the NOE and on 28 September 2016 enforcement agents visited his home address. The car was parked outside his home address and the enforcement agents took control of the car. When enforcement agents take control of goods they are deciding which goods they can sell to meet the person’s debt. Once an enforcement agent takes control of goods they are known as “controlled goods”. Enforcement agents will not always remove controlled goods straight away. The enforcement agents posted an inventory to Mr Z’s home which said the car was now controlled goods. They also affixed a notice to the car. To stop the enforcement agents removing the car Mr Z needed to pay the outstanding debt. Mr Z did not respond and the enforcement agents returned to his home on 03 November 2015. They clamped the car and posted a letter to Mr Z asking him to make contact and settle the debt or they would remove the car. On 03 November 2015 Mr X emailed the enforcement agent. Mr X said he bought the car on 20 September 2015. Mr X provided a copy of a handwritten receipt for £3000 and a copy of the “New keeper’s details” section from the car’s V5C (its registration document). When someone buys a car they keep this section and the seller sends the rest of the V5C to the Driver and Vehicle Licensing Agency (DVLA). The DVLA then issues a new V5C. Mr X also supplied an email confirmation from the DVLA which showed they had been notified using its online service that he was the registered keeper of the vehicle. The DVLA’s online service is relatively new. On 05 November 2015 the enforcement agents visited Mr Z’s home address and removed the car. The enforcement agents had not heard from Mr Z and they did not consider Mr X to have provided sufficient evidence he had bought the car. Mr X emailed the enforcement agents on the same day. He explained he had paid £3000 for the car on 20 September and had already spent £1100 on maintenance. Mr X gave them two days notice and said he would then be seeking legal advice. On 09 November 2016 the enforcement agents emailed Mr X. They set out the events to date and said that “The evidence you have provided to date is a handwritten receipt on a page out of a diary and the new keeper supplement for the logbook. Neither of these documents prove ownership of the vehicle.” The enforcement agents did not make reference to the email from the DVLA Mr X supplied. The enforcement agents also said “We notice the vehicle has remaining [sic] untaxed since 20/09/05, it is illegal to keep an untaxed car on a public highway.” The enforcement agents concluded by saying “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle...As you live at the same address as Mr Z we strongly suggest you decide between you who will be setting the balance as the vehicle will be released to auction on 19 November 2015.” Mr X replied on the same day and said he had “instructed [his] solicitors to take this matter further.” On 19 November 2015 the enforcement agents emailed Mr X and explained they would sell the car at auction unless they received payment. They did not receive payment and the car was sold. In January 2016 Mr X complained to the Ombudsman. Because the Council had not considered Mr X’s concerns through its formal complaints process the Ombudsman asked it to do this. The Council provided formal responses to Mr X as follows: The Council was therefore satisfied the car was transferred while a warrant was held against it. If the car had been transferred at the beginning of September then the DVLA would have issued a V5C earlier than the beginning of December. If Mr X remained unhappy he could complain to the Ombudsman. Was there fault causing injustice? The Ombudsman is not an appeal body and does not retake decisions which were properly made by a Council (or parties acting on its behalf). The Ombudsman’s role is limited to checking if there was any fault in the way a council made a decision. If there was no fault or flaw, the Ombudsman may not, by law, intervene in the judgment reached by a Council. This is the case even where the Ombudsman may have given different weight to a piece of evidence or reached a different decision on the same facts. I do not consider the Council’s enforcement agents were at fault when they seized the car Mr X says he bought from Mr Z. This is because of the following: Mr X says he bought the car on 20 September 2015. This was after the enforcement agents issued the NOE and when the car became “bound”. The enforcement agents took control of the car on 28 September 2015 but Mr X did not contact them until 03 November 2015 when they clamped the car. Mr X showed the enforcement agents an undated handwritten receipt and an undated “change of keeper” section from the V5C. Mr X says he bought the car in good faith, for valuable consideration, and without knowing it was bound goods. Mr X also sent the enforcement agents an email from the DVLA showing he had told them he was now the registered keeper. I note the enforcement agents did not directly refer to this in their email dated 09 November 2015 – they simply mentioned the undated documents. But they did also say “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle.” They also noted the vehicle was not taxed from 20 September 2015. A vehicle’s tax is automatically cancelled when the DVLA’s online system is used to register a change of keeper. I am therefore satisfied the enforcement agents did take into account all of the information provided by Mr X. But they did not consider Mr X to have provided enough supporting evidence that his purchase of the car was genuine. This was a decision they were entitled to take and meant they were entitled to seize the car. I also note that: Mr X did not provide the enforcement agents with any proof of insurance from 20 September 2015. Arranging insurance is normally the first thing a person does when they buy a new car. I asked Mr X about this and he said his insurance company needed a copy of the V5C before they could insure it. This is not normal practice. Mr X did not provide the enforcement agents with any evidence he had withdrawn money from the bank to pay for the car. As part of my investigation I asked Mr X about this. He said he borrowed the money from his brother and repaid it instalments. In response to my enquiries Mr X told me he sent the Council a revised V5C in late October / early November. The Council did not return it and so Mr X had to apply for a duplicate – this is why the V5C he has was issued in December. Mr X cannot provide proof he sent the V5C in late October / early November and the Council says it has no record of receiving the document. It is not possible for the Ombudsman to establish exactly what happened. Mr Z did not provide any evidence in support of Mr X’s case. Mr X sent me bank statements for October, November and December 2015. These show payments to the DVLA each month with a reference number which matches the car’s registration number. Mr X says these payments were for the car’s vehicle tax. But there is no evidence Mr X showed this evidence to the enforcement agents. For the reasons set out above I cannot uphold this part of Mr X’s complaint. This decision should not be seen as setting any precedent about what constitutes evidence of ownership. Each case should be considered based on the evidence provided and the particular circumstances of the case.
  20. Hi All, I bought an item from an online store 18 months ago - it has now gone faulty. The company are willing to replace it, however, they do not have any of my colour in stock for replacement (refurbished models). They have a newer device in similar colours, which I asked if they could replace with, to no avail. Aside from the colour, the replacement device is the same specifications as mine. Can I insist on getting the same colour device as my current one? Or does that lead to only a partial refund being available?
  21. Can anyone advise me please . I have had a 3 seater and 2 seater sofas off a rent to buy company called Local Appliance Rentals , payments £15 a week , now due to a change in financial circumstances have fallen behind by 5 weeks , have had no letters of arrears , just an undated card put through my door which i seen last Friday morning giving me 5 days to pay , tried to borrow money ,but no success. Today a letter been put through my letterbox by hand headed REPOSSESSIONS OF YOUR RENTAL GOODS , stating after repeated attempts to contact me it appears i have no intention of paying or honouring my rental agreement and are now required by law to give me 30 days notice of collection of my sofas ,will be at my house in 30 days time . Can they enter without a warrant ? can they refuse a reduced amount monthly ? also i suffer severe depression, anxiety, which I have lots of evidence of , any advise please. I have only had them for about 4 months over a 2 year term Thank you
  22. Hi All I am looking for some help/advice on behalf of my mother-in law. She had a new kitchen fitted last year. Earlier this year she had a new boiler fitted need a new cupboard. She contacted the installer directly and asked if he could source one. He said he would have to order from abroad so stupidly she paid him in full. (over £900 pounds) That was February and she still hasn't received the cupboard. He does not keep in contact and she leaves messages which he never replies to. He has a shop a few miles away but it never seems to be open. The last time she spoke to him he promised delivery a few weeks ago but it never arrived. He has his own company and I checked on companies house yesterday and it was dissolved in July. I think she paid him directly and not his company. She has reported it to the police but they seem reluctant to do anything. Could she make a claim against him to recover the money she has paid and if so what would her chances be?
  23. Hi, Apologies if this is a silly question but my wife and I are thinking about buying a sofa and like the idea of buying online because of the distance selling rights of being able to send it back if it turns out to be unsuitable. Please can I ask if buying in store and then having the goods delivered is classed as distance selling or am I really embarrassing myself here?
  24. Hello This is my first post here so I've tried not to witter on, but it's complicated. The situation is that I was evicted from my home last year when I couldn’t remortgage it after the interest-only mortgage expired. The circumstances don’t matter, I have no quarrel with that. My query relates to what came after. I had managed to dispose of a lot of stuff I didn’t want, but there was still a lot of stuff I did want, left in the property. I’m past retirement age, live alone, and am severely disabled: I cannot legally walk, I have severe spinal problems and a max award of DLA. Acenden have known this since the beginning of the proceedings. They refused me entry back into the house to deal with my property, despite my undertaking to comply with whatever conditions they imposed. They arranged for all my stuff to be packed up and moved into storage, and I’ve paid all the moving fees and a year’s storage costs. Because of my disabilities I was completely unable to inspect my property while it was in storage; even getting to the chosen storage facility was beyond me unless I had substantial help which wasn’t available. When I eventually unpacked everything in my new home, which has taken me the four months since I moved in, I’ve seen that the packaging was very poor, no attempt was made to protect any of my property, a box that had contained glassware and china was full of smashed and dangerous pieces of glass and porcelain; glazed pictures were simply stuffed into inadequate cardboard boxes, the frames mangled beyond recognition and the glass fronts all smashed. Other of my stuff had been so badly damaged as to be made useless and needed replacing (e.g. tumble drier), a long list of other stuff, including a valuable listed edition print and expensive camera kit, has been stolen. I’ve photographed everything that’s been damaged clearly showing the damage, and recording the very poor quality packaging and careless packing. Acenden also suggested to me that they could arrange disposal of stuff I didn’t want before the rest of my stuff was packed up, to which I agreed, provided a list, and their initiative and my agreement and identification of that property are evidenced by email exchanges. They didn’t follow through on the agreement, and I’ve spent removal and a year’s storage costs for their broken promise. Acenden took four months before they even put the house on the market. I have other complaints but my question here, is what is Acenden’s legal liability for the theft of and damage to my property that’s happened while it’s been in their custody. To say that the removers were negligent is an understatement, but I didn’t have a contract with them, Acenden did. I know I need to see a lawyer, but I’m just hoping to get a view here as the first appointment I can get is two weeks away. To say I’m very angry is putting it mildly. I’ve spoken to my insurers – fortunately I have contents insurance that will cover a claim provided I exhaust Acenden’s complaints procedures before I start that claim. Do Acenden have any liability to me for my loss, which amounts to over £10,000 on current replacement values? Thank you for any feedback. Gleneagle
  25. Hello, just to give some basics. The past couple of years has been seriously bad healthwise and has caused the obvious roll on effect of being skint because i am stupid enough to be self employed. Money being tight and getting even tighter i have allowed myself to get in trouble with my council tax. On my 2016 account i owe £116 + £75 compliance stage fees, this is now with Collect Services. I have agreed to pay £20 per month on this which should get me out of trouble. Unfortunately, and please don't judge me as i have suffered and still am with severe depression along with many "real" ailments ,i have now got into trouble with my 2017 council tax. I received the bill in April with imstallments,but i have not paid any. So far the council for whatever reason have not contacted me, i am going to start paying the minimum amount plus additional to catch up, however i do not see the council accepting this and fully expect it to take the same route as the 2016 account and end up in the hands of the bailiffs ... ANY ADVICE ON HOW TO DEAL WITH THIS WOULD BE GREAT. Thanks Dan
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