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    • Sweatband.com I like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remain that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really want to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
    • Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 
    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I have just found this forum and it makes for great reading, here my current situation:

 

I had a water leak 3 years ago and anyway my insurance L&G sent out a real dodgy company called Indpendent Inspections well anyway my flooring was changed.

 

4 months down the line the laminate flooring started to open and it is what the professionals call concave bowing.

 

I have been fighting with L&G since then and they have had 3 seperiate inspections carried out.

 

Here is my letter to L&G:

 

Dear Legal & General,

 

I write to you regarding our complaint to you which was May 2007, I informed you of the issues and also informed Independent Inspections of the issues with the fitting of our laminated flooring.

 

After informing Independent Inspections of the many issues with the laminated flooring they issued a letter to Litherland Carpets which resulted in a visit from the fitters and he informed us that there was nothing wrong with the laminated flooring. We contacted yourselves to inform you that we were not happy with what the fitter was stating. We then received a visit from what I can only assume know is some type of inspector who in our opinion should not be allowed to inspect laminated flooring because from my private inspection which I have obtain the report which has been issued from Independent Inspections is complete lies.

 

I can know confirm after a lot of trouble and digging to try to find a specialist in laminated flooring which you stated we had to find because you were not prepared to organise another inspection. You had left it up to us to arrange another inspection which has caused is great trouble trying to find a suitable inspector to carry out this inspection which we I can confirm we have finally had done.

 

You will see from the attached report the issues which I raised which both Independent Inspections and you back in May 2007 and these issues have been flagged from my private inspection.

 

We are very unhappy in how this claim has been handled by Legal & General.

 

I know require the following payments for the trouble, time and expenses you have caused me because of this whole situation and these are as below:

 

Replace laminate flooring like for like - £1,500.00

Removal of damaged laminate flooring and fibre boards - £500.00

Damage to newly decorated skirting boards, doors, frames and architraves - £800.00

Costs of Private Inspection – £150.00

Time spent on telephone calls, letters, faxes, meeting with fitter, inspector - £1,250.00

Pain and suffering to our family, we have young children who have cut themselves on the concave bowing of the laminated flooring - £2,500.00

 

I do hope you understand the problems you have caused our family and we expect you to pay the above in full and final settlement.

 

It is now 2 years since i first contacted L&G, i finally was informed that they would replace my flooring but everything else would need to be consider everything else.

 

I have informed they i am not happy as i have waited long enough.

 

What am i to know ?

 

Thanks

 

Jimmy

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Guest Old_andrew2018

Hi

 

what a load of muppets, I thnk you must have been driven made, would it be worth writing once more.

Head the letter FORMAL COMPLAINT, listing again your concerns, this I believe should prompt them to give a Final response.

In fact even if you get all you have asked for still complain requesting compensation.

Finally go to the FOS our complaints procedure and how to complain they will investigate your complaint, and can award compensation

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Thanks for your advise.

 

I have already been in contact with the FOS about 3 weeks a go but i contacted them this week and they say they are still behind with post.

 

I have contacted L&G yesterday to speak with the manager over the complaints handler who is handling my claim and i have again contacted L&G around 1pm and have been informed that the manager is in funny enough in a meeting and will contact me this afternoon - I will not hold my breath.

 

I have been informed by L&G that they are going to pay for the replacement of the flooring but my expenses will be considered, my expenses have know esculated to nearly £3,000 because of the time off work have had to take and the amount of time spent throughout the complaint.

 

I will wait to see what this manager has to say ? because i will expect answers from her because the complaints handler has een unable to give answers to other issues.

 

Thanks

 

Jimmy

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Just a little update.

 

I have contacted L&G again and there response to my claim for expences which comes in at a little over £3,000 for telephone calls, letters, days off work and they have offered me £200.00 plus my £50.00 excess back which i think a complete insult.

 

I asked to speak to a manager who also confirmed that was all they are willing to offer. I have been informed by L&G that the way forward is to continue with my complaint with FOS.

 

Dam insurance companies.

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Guest Old_andrew2018

Hi

You might consider taken action through the small claims court, I am sure many experienced forum members can advise, on the process, and chances of success.

 

Regards

 

andy

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Another update:

 

I have now recieved £2,200 for l&G for removal and laying of my new flooring. I will be refunded the cost i paid for my independent inspection.

 

I have also have a letter stating they will be issuing a cheque for £250.00 which is £200 comp plus excess which i have clearly stated that i will not be accepting.

 

I have had confirmation that the FOS has assigned my complaint to a caseworker. I guess a waiting game now.

 

I have again phoned L&G to see what is going on with our personal injury claim and also they have now informed me that my claim is no longer being handled by Claims @ Ipswich but @ Customer Management Birmingam who have no idea about the claim. I have now contacted CM Birminghamand they have informed me that the FOS has requested my file.

 

I am going to see my solicitor about the personal injury claim and see what i can do.

 

I would intrested to hearing from other who have gone through something similar.

 

Thanks

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  • 3 months later...
  • 3 months later...

UPDATE:

 

 

I have finally had the responce from Ombudsman to say my complaint has been handed over to a adjudicator (almost 8 months).

 

I am very happy that it has finally gone through to a adjudicator and hopefully this can all be resolved because it is causing me problems getting home insurance because of this ongoing complaint.

 

I will come back when I have more news - good news hopefully.

 

Anyways just thought I would update the posting.

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  • 2 months later...

Hi Everyone,

 

 

I am desperate for some advise, I have recieved the response from FOS which is upholding £400 compensation but I am very unhappy with this and think it is an insulting offer.

 

Does anyone know were I can go from here ?

 

Do I need to take them to court and if so how ?

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What did the FOS say in their letter? I'd be interested in hearing their views on this complaint.

 

Towards the end of the FOS decision letter, it probably says that if you have any further evidence which may support your complaint, you can submit it to them and they will review your complaint again.

 

I think that if you are unhappy with the £400 compensation offer, you would have to justify the reasons for this, for example by sending evidence of the costs you incurred as a result of the claim - if you had to take unpaid time off work, you could ask your employer to write a letter confirming this (that is just one example).

 

If you are still unhappy, then the final option is to go to court. However, I have to admit I have no idea what your chances of winning would be. How often does the FOS get things wrong, I wonder? Does anyone here have any statistics about the number of FOS decisions which are overturned by a court?

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Hi I thought you may like to know of my experience with Legal and General Insurance, after part of my wall was blown down during the storms in November 2010, I still have had no satisfaction and the efforts taken by Legal and General to deny liability have been most impressive, the tardiness of their service was a wonder to behold and one just wonders how anything gets done. I have produced a website detailing the circumstances the address is legalandgeneral-warning.co.uk the purpose is to allow consumers to assess Legal and General's methods for themselves and am adding to the details regularly. The very least it can do is highlight how vulnerable consumers are when parts of their property are damaged and how wise it would be to confirm specifics prior to effecting insurance.

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  • 5 months later...

Hi, many thanks for your postings.

brasenose_road: What happened re your court case?

NinasWall: Could not find your website - did they threaten you?

 

I had a problem with a leak which they initially admitted liability for but then sent someone round who said that anything I do will be at my risk.

 

The property was rented so I cant afford to lose income. So they took advantage of this fact.

 

Their promise to not make a crisis out of a drama was not fulfilled (They say that they would manage all aspects of the repair and rectify any damage - this management cost, stress etc was placed on me) and they played the delay as much as possible and for whatever reason as possible game: we must write postal letters to the over worked loss adjusters who in turn write back so it is a brilliant way of doing what could be done in hours or days by email into a best of 4 or 5 weeks per communication - Apparently the brainchild of director's gang - But the lossadjuster had an email so I could respond quickly to them.

 

They also played youve lied to us and the we suspect your being fradulent with us game cards so we need to investigate and you must explain your answers. Of course their investigations and insinuations take their time toll and stress toll and as they knew from the outset came to nothing. But it did maximise my costs and distress and after the complaints which were largely ignored - although when it was clear that they were obvioulsy persistently being obstructive they relented.

 

The most interesting thing was that the loss adjuster had no interest in sorting the matter out, wasnt interested in the actual damage was very interested in other matters such as precise nature of previous claims, precise dates etc and wanted answers to irrelevent matters - this was to have an excuse for multiple delaying letters to improve its understanding of the problem.

 

The cost of repairs was around £30,000 but they only want to pay £8,000 claiming that had they done the work that is what it would of cost them.

 

Its a brilliant strategy of stressing out their clients and by not having to pay their staff to do the work it means they can make more people redundant and so reduce their head count and of course their Chairman and directors get another substantial bonus and shareoptions for achieving their objectives.

 

What should I do? Court or Ombudsman?

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Hi, many thanks for your postings.

brasenose_road: What happened re your court case?

NinasWall: Could not find your website - did they threaten you?

 

I had a problem with a leak which they initially admitted liability for but then sent someone round who said that anything I do will be at my risk.

 

The property was rented so I cant afford to lose income. So they took advantage of this fact.

 

Their promise to not make a crisis out of a drama was not fulfilled (They say that they would manage all aspects of the repair and rectify any damage - this management cost, stress etc was placed on me) and they played the delay as much as possible and for whatever reason as possible game: we must write postal letters to the over worked loss adjusters who in turn write back so it is a brilliant way of doing what could be done in hours or days by email into a best of 4 or 5 weeks per communication - Apparently the brainchild of director's gang - But the lossadjuster had an email so I could respond quickly to them.

 

They also played youve lied to us and the we suspect your being fradulent with us game cards so we need to investigate and you must explain your answers. Of course their investigations and insinuations take their time toll and stress toll and as they knew from the outset came to nothing. But it did maximise my costs and distress and after the complaints which were largely ignored - although when it was clear that they were obvioulsy persistently being obstructive they relented.

 

The most interesting thing was that the loss adjuster had no interest in sorting the matter out, wasnt interested in the actual damage was very interested in other matters such as precise nature of previous claims, precise dates etc and wanted answers to irrelevent matters - this was to have an excuse for multiple delaying letters to improve its understanding of the problem.

 

The cost of repairs was around £30,000 but they only want to pay £8,000 claiming that had they done the work that is what it would of cost them.

 

Its a brilliant strategy of stressing out their clients and by not having to pay their staff to do the work it means they can make more people redundant and so reduce their head count and of course their Chairman and directors get another substantial bonus and shareoptions for achieving their objectives.

 

What should I do? Court or Ombudsman?

 

I would always suggest the ombudsman first as they work on a fairness basis rather than a strict legal basis - in addition if you're not happy with the FOS decision you can go to court but once it's been to court, you can't go to the ombudsman - and finally, the ombudsman is free.

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