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    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
    • civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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What applies here is the Sale of Goods Act. This entitles you to repair/replacement or refund (at the retailers choice) for faulty goods. Up to 6 months from the date of purchase, SoGA (ie the law) maintains that the fault was there at the time of purchase - unless the retailer can prove otherwise. Afetr 6 months, this burden of proof reverses

 

just a question really, after reading through SoGA i cannot find the word refund mentioned at any point, and to make sure i did an ALT+f search and no results.

 

am i just being stupid and not reading refund but in a differnt phrasing or does SoGA not at any point entitle you to a refund?

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Guest Old_andrew2018
just a question really, after reading through SoGA i cannot find the word refund mentioned at any point, and to make sure i did an ALT+f search and no results.

 

am i just being stupid and not reading refund but in a differnt phrasing or does SoGA not at any point entitle you to a refund?

 

Hi

Why not try this link Sale of Goods Act Quick Facts - BERR

 

Here it talks about money back, although the word refund is used later on

I expect money back or refund mean the same thing, but who knows there may be a technical difference.

 

I recall returning an item which was faulty, and accepted as such by the manager however it was purchased from another store and she was insistant that I could

i) not have a refund and would need to take it to the original store many miles away, despite my contacting that branch first to confirm that I could

 

Sorry I have gone off on a tangent here to return to the point refunds are available under the legistration, however it is not unreasonable for a company refund to your credit or debit card if that is how you paid for the item.

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It does but not in plain simple English - an understanding of contract law is required to be able to understand the Act properly.

 

Where it states that there is a breach of condition, then that means recission of the contract (which effectively means a refund). A breach of warranty traditionally allows for damages only (such as cost of replacement or cost of repair) but this has been changed so that the remedy is usually the repair itself.

 

Hope that clarifies the matter. There is a sticky somewhere on the sale of goods which is quite informative. It's a bit long (unavoidable) so I would grab a cuppa before reading.

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thought that was the case

 

would really help both consumers and retailers if when writting these acts they actually used phrases and language that normal people use instead of legal jargon.

 

so correct me if i have this wrong

 

the only time that you are able to get a full refund under SoGA is if they break the contract itself ie.

 

a. the product is not fit for purpose ie, it says it makes toast on the box but it is actually a VCR

b. i am mis sold the item, same as above but i spicifiacally ask for a toaster and the saleperson sells me a VCR telling me it makes toast

c. the item is faulty at the point of purchase.

d. the things that i have forgot to add to this list.

 

 

please let me know

 

thanks

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Guest Old_andrew2018
thought that was the case

 

would really help both consumers and retailers if when writting these acts they actually used phrases and language that normal people use instead of legal jargon.

 

so correct me if i have this wrong

 

the only time that you are able to get a full refund under SoGA is if they break the contract itself ie.

 

a. the product is not fit for purpose ie, it says it makes toast on the box but it is actually a VCR

b. i am mis sold the item, same as above but i spicifiacally ask for a toaster and the saleperson sells me a VCR telling me it makes toast

c. the item is faulty at the point of purchase.

d. the things that i have forgot to add to this list.

 

 

please let me know

 

thanks

 

Here is another usful link Consumer Direct - Electrical and gas appliances

 

The advice here is a bit less muddy, still vague.

However its still worth pushing the retailer what have you got to lose, I am sure many would rather bluff their customers.

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