Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Problem with Exclusive Leather Sofas of Cannock


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4327 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I ordered a leather electrically operated reclining chair from ELS' Chester Branch (now closed) on 29/06/07 and paid £475 deposit (by cheque) on the full price of £975.

 

The balance of £500 was paid (again by cheque) to the Cannock Office on 13/11/07 prior to delivery of chair to my home on 27/11/07.

 

I telephoned ELS two days after delivery to report noticing that the rear base of the metal frame was compressing the chair's electrical wiring and pressing on the motor when the chair was reclined. This resulted in a 'technician' attending a week later, but he didn't seem to have remedied the problem.

 

On 21st January 2008, I reported to ELS Cannock that the chair's mechanism had ceased to function completely - leaving the chair stuck in the fully reclined position until 30th January 2008, when another 'technician' attended. He discovered - much to my alarm - that the metal frame of the chair had cut through the wiring, exposing bare electrical wires, which would then have had direct contact with the metal frame of the chair. The 'technician' was unable to repair the chair and left saying that he would order a new motor and transformer for it. Another 'technician' attended on 18th February to fit a new motor, but thereafter the mechanism remained 'dead' - prompting him to say that a new transformer, which he didn't have, was needed.

 

The chair has now been out of commission since 21st January.

 

I wrote to Jane Bolton, Company Manager of ELS, on 18th February - notifying her that under the provisions of 'Sale of Goods' legislation I was rejecting the chair with its defective/dangerous electrics as 'not being fit for purpose' and asking for it to be collected and a full refund made. A reminder letter has been sent on 7th March 2008 but the communications have not secured any written response. When I managed to speak to Jane Bolton on the phone, she simply said it is not their policy to give refunds.

 

I now intend to pursue the matter with vigour against ELS through the Small Claims Procedure and have already received very helpful advice from biffa99 in this regard.

 

My purpose in posting this information is twofold:-

 

1. I would appreciate any further advice from Forum members.

2. There is an opportunity to warn others of Exclusive Leather Sofas' post-sale conduct and also the lesson that paying by credit card as opposed to cheque for an expensive item would have afforded an alternative remedy to commencing Small Claims procedings against the retailer.

 

Postings by others with complaints about ELS reinforces my belief that they don't care about customer satisfaction or their reputation once they have secured a sale.

Link to post
Share on other sites

When I managed to speak to Jane Bolton on the phone, she simply said it is not their policy to give refunds.

 

 

So their policy overides SOGA? think not. The problem is they will get quite some sucess from saying this and its only when peeps are better informed do they cave in, stay with it.

  • Haha 1
Link to post
Share on other sites

Thanks for your encouragement.

 

I've only just discovered and registered with the Consumer Action Group after researching ELS on the Internet; found biffa99's message which brought me to the site. Great that folk are prepared to help each other with advice etc in securing consumer rights against the might of big organisations.

Link to post
Share on other sites

I thought I was the only one with a current battle with ELS.

 

Just about to submit the forms to make a claim against them.

 

Is there any advice as to whether it is better to go through a solicitor?

 

Also grateful for any advice.

 

Thanks

Link to post
Share on other sites

  • 5 weeks later...

Update on progress....Claim issued against ELS through Northampton County Court on 14th April 2008. Acknowledgement of Service received via County Court from Office Manager, Longford Island, Watling Street, Cannock, indicating an intention to 'defend all of the claim'. I now look forward to receiving details of the defence within 28 days of acknowledgement and then to presenting the claim in full before County Court Judge. Much useful information downloaded from Consumer Action Group (Consumer Forum site) about the manner in which ELS conduct business and treat customers with total contempt. This will be of value in demonstrating to the Court that ELS have a considerable history of failing to agree resolutions before action (or even to acknowledge any correspondence) from customers with legitimate Sale of Goods Act complaints about goods supplied of 'unsatisfactory quality'.

Link to post
Share on other sites

  • 9 months later...

I am really concerned after reading all this negative feedback because this week I placed a deposit on a sofa in ELS and due to pay the balance this week. I really don't want to buy it now reading these awful reviews and certainly would not have ordered it seeing a number of negative complaints. Do you know if I can cancel my order and just loose the deposit. The paperwork says I cannot cancel the order as it is a legal contract- Do I have any legal rights? Is there anyone out there who has had satisfactory service from this company? Is this company linked to any other ELS stores other than the Birmingham and Cannock ones?

 

I would appreciate any advice

Giggs

Link to post
Share on other sites

  • 2 weeks later...

hi

 

I ordered sofa 2nd November 2008 from Cannock store, 18 weeks 2 days ago, still awaiting a delivery date, and the finance company have started taking direct debit payments as ELS have told them we have had sofa. So no sofa, and money being taken! Sofa is still in italy and they don't know when it will be shipped.

 

So I'm certainly not happy with service! Wish I'd have read the reviews before placing the order.

 

So if anyone else is considering ordering from them, please take heed.

Link to post
Share on other sites

  • 2 months later...

Having read the poor press on this company after I ordered I have been extremely vigilant with the order.

 

As expected I now have problems having reiceved my sofa!

I ordered a grade E leather and the quality of the sofa I recieved does not match of the one on display - same grade. The sofa i had selected and researched was manufactured by 'New Trend' based in Bari, Italy.

 

I decided to check the packaging for any info on the grades and found a label from a company called Forest Sofas. www.forestsofa.co.uk

I rang these and confirmed that the Sofa was supplied by them and 100% MADE IN THE UK.

I paid a premium price @ELS of £2,500 for a sofa that the sales person assured me was made and shipped from Italy from New Trend - hence why i waited 18 weeks!

 

I have since spoken to the rather unfriendly Jane Bolton @ELS and explained there is damage to the Sofa and doubts on the grade supplied. I then probed and she admitted it was UK made. I explained i wanted Italian product hence the order. I was advised the sales person must have been refering to another sofa nad effectively it was my word against theres.

 

THESE PEOPLE ARE AT IT! THEY SELL BASED ON ITALIAN BRANDS (ON DISPLAY) BUILD AND LEAD TIMES WHEN THEY ARE MADE IN MANCHESTER.

 

I wonder how many other poeple believe there goods are in Italy awaiting shipment when they are in fact simply holding onto there money.

 

If anyone has any advise or simular experiences please let me know as I formulate my response.

 

***Advised after speaking to Gary Lord, rejectied Sofa to be collected this Wednesday and full refund made onto credit card & finance cancelled**

Edited by Motor Man
Link to post
Share on other sites

  • 6 months later...

I am an ex employee of ELS. I worked there for 7 months and left due to my disagreement to the way the company was run. Customers finance applications were always activated early, containers were unable to be paid for which left customers waiting way over the 16 week delivery estimate, Jayne Bolton tells lies after lies to complaining customers in an attempt to keep the business purely because if they ask for a refund the company simply do not have the money to refund promptly. Refunds are only returned to customers after 14-21 days of receiving a complaint in writing and if the customer does not chase this every day it will never get returned. Its not just customers getting a raw deal sales staff do not even get paid on time! I'd be happy to 'translate' any lies Jayne Bolton has told you recently, she has a 'big book of excuses'

Link to post
Share on other sites

  • 4 months later...
  • 2 months later...

Today we left a deposit with ELS Cannock for a suite that is in the store, we did not feel happy paying all upfront. I only found this site later when I was trying to find the website of ELS. I now feel a bit sick with worry hoping that everything will be ok. We said we would pay the rest when they phone with a delivery date, which should be soon as the suite is there. We did consider paying the rest by credit card but it doesn't look like they accept them. I am hoping that this order does not have the problems I have been reading about. Anyone got any advice please.

Link to post
Share on other sites

  • 3 weeks later...

I am not going into too much detail about the problems I experienced, suffice it to say I have had exactly the same problems as most on here. I believe this operation deliberately give people the sixteen week deadline for delivery as a breathing space to assist their cash flow. We have had to wait over 32 weeks for a resolution and have finally managed to get our money back in full. One thing to be aware of for any new customer thinking of dealing with ELS. When you sign their order there are no terms and conditions on the invoice. What they craftily do is then place your invoice into a really flashy folder but cover up the T&Cs with the invoice. This is totally against Trading Standards code of practice in that they actively seek to conceal T&Cs.

 

So how did I get my money back: I wrote and kept copies of all correspondence and sent them by recorded delivery. You can track and trace that they have received it by using the royal mail website. They never reply and quite often say they have not received it but using Track & Trace you can see they have. Having given them several realistic deadlines I then went immediately to Stafford Trading Standards and made a formal complaint against the company based on their "Modus Operandi" and supplyied them with all my copy correspondence together with a copy of all the complaints on this website

 

Surprise surprise they are well known to them and were also dealing with other complaints at the same time. Trading Standards got my money refunded within 21 days and should be congratulated for their tenacity.

 

All the things said by others in here about excuses and delaying tactics, bullying and raising their voice at you on the phone to try and intimidate you are all true. So if you feel you are being fobbed off write to them and record your letters.

 

Even at the eleventh hour this company did not try and resolve by simply saying we have your suite and can we deliver it....why? because they probably hadn't even ordered it. A thoroughly unpleasant, unprofessional and unethical company to deal with...take care

 

My advice - If you are caught in this trap, don't lose your temper - they love that - put all you complaints in writing and use recorded delivery, give realistic deadlines and then if they don't resolve your problem, go straight to Staffordshire Trading Standards in writing with copies of everything

Edited by portugal1
Grammar & spellos
Link to post
Share on other sites

I did receive the suite on the day promised, but I was shocked when they quoted £70.00 delivery, this was not mentioned when I bought the suite. When I refused to pay that amount, they dropped it to £30.00 as they didn't mention it at the time. I said to the delivery men that I was glad to see the suite as I heard there have been a lot complaints, they looked sheepish and didn't answer. I just hope I don't have any problems with it later on

Link to post
Share on other sites

So OSCARDOBIE you are one of the lucky ones.....I hope! You mentioned about the delivery charge - well they didn't tell us either. Everything they do is about "smoke and mirrors". This is why they present your invoice in the flashy folder - they staple over the T&Cs which talk about the delivery charges. I hope that your suite lasts and is ok because no doubt you will have a problem getting a refund or exchange if things go wrong...just read some of the earlier posts to find out.

 

Or maybe they have changed their ways.....no, hold on I think I just spotted a flying pig.

Edited by portugal1
too personal
Link to post
Share on other sites

  • 2 months later...
  • 1 year later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...