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    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
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    • Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct?
    • No new development, I'm afraid. The last update I received was a letter from the court, advising that the case had been transferred to Croydon County Court.
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Bought a TV from PowerHouse - it's now broken down


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Back in December '05, my mother bought us a 32" Panasonic LCD TV for christmas from PowerHouse. Cost was in excess of £1000.

 

Last week, it stopped working (turns on, but no picture on screen).

 

Normally, I'd take it back to PowerHouse, quoting SOGA, but that's obviously not an option.

 

She's not sure (but looking into) whether she paid for it with a debit or credit card.

 

So, what to do? Do I take it to my local TV repair place, and pray it's cheap to fix (it's a big bugger, so getting it there would be a real hassle), or does she have a claim against the card provider under SOGA?

 

I have emailed Panasonic asking for their advice (guess I was hoping for a "We'll repair 'coz we're nice people" type of response), but heard nothing back from they yet.

 

Any thoughts on the best way to proceed?

 

thanks

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Most electrical items are only covered by standard guarantee for 12 months unless you took out an extended warranty with Ph or panasonic your TV wouldn't be covered.

Sales of goods act would not really cover this as the TV is just over 2 years old it was fit for purpose at the time of sale ect...this is just my opinion.

I would go down the TV repairman route a few do come to you and if they can repair either do in your home or will take it to their shop for you and bring it back I do know LCD are tough to repair due to the squashed conditions in them explained to me by the man who repaired my big old CRT TV.

I hope this helps maybe someone could offer another opinion on this.

Good luck NS x. :)

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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I would think after 2 years SOGA would be of no use - it's clearly worked fine for 30 months, so you'll nor have any rights on that score, but it may simply need a few diodes replace (cheap- ish ) but unless it's a Freeview set, you may find replacing it with a flat panel a better deal - especially as the power consumption is considerably less!

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My God, people, what is the matter with you? Have you been so brainwashed that you really believe that a £1000 TV breaking down after 28 months is ok? :shock:

 

Normally, I'd take it back to PowerHouse, quoting SOGA, but that's obviously not an option.
Why not?

The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

  • Of satisfactory quality. This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information.
    Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)
Contact them in the first instance, but be prepared for the fact they'll more than likely try to fob you off with the "not under warranty" line. In order to support your claim, you will then have to get an independent engineer's report confirming that a TV of that age and price should not fail so quickly and is therefore not of satisfactory quality.

Having said that, it might be worth getting an engineer out first to examine the TV, some do free call-outs. The reason I say this is that my previous TV, which also was a very expensive thing, also lost its image, but the sound was still on, round the 2 years mark. It turned out that something needed soldering back on, so a very small job that took 2 mns (for which he still charged me £80 :mad:) and at the time, I wasn't knowledgeable enough to even try to go after the company under SOGA. The point is I don't know whether something like that would be treated as fair wear and tear or whether it would be treated as a proper fault.

 

Your engineer should be able to tell you that, hopefully, and you'll be able to decide on which way to proceed from there.

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Firstly, I'm unaware on any Panasonic CRT 32" costing anything near £1,000 - £750, perhaps - but the cost isn't the issue here. It cannot be deemed unfit for purpose as it has worked satisfactorily for 2 years, there is certainly no inherent fault, so SOGA would be void in this instance. We're talking about an item that most likely has worked without problem for over 4000 hours - so if a component 'wears out' then it requires replacing - certainly not the CRT, but the components. ALSO, you forget that the local electricity supply can also be a culprit, so Bookie's condemnation that we're somehaw 'brainwashed' is nonsense. We're just up to speed on the realities of the matter.

 

As for a CC claim - that would fail as after 2 years after purchase, no card issuer would contemplate a reversal.

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Firstly, I'm unaware on any Panasonic CRT 32" costing anything near £1,000 - £750, perhaps - but the cost isn't the issue here.

 

I know it's not relevant, but it's an LCD one, not a CRT (unsure where you got that from!).

 

Anyway, thanks for the advice, it's good to know where I stand anyway.

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I didn't say "unfit for purpose", I said "not of satisfactory quality". If you don't understand the difference, it's a worry.

 

Secondly, it's not a CRT, it's an LCD. Big difference in prices. Argos sells 32" Panasonic LCD for round about £700 now, so £1000 2 yrs ago is far from impossible.

 

As for a CC claim, we are not talking of a reversal here, but of equal liability under s.75 of the CCA.

When a trader says that he will supply a customer with goods or services at an agreed price, there is a legally binding contract between them. Many of the supplier’s obligations are set out in legislation, such as the Sale of Goods Act 1979 which says, among other things, that any goods supplied must be of ‘satisfactory quality’ and ‘as described’ to the customer. Just as a supplier can sue a customer who refuses to pay, so a customer can sue a supplier who does not fulfil his obligations for breach of contract.

As taken from the OFT's website.

 

As previously advised, Dilbert, your best best is to get an engineer's report, or at least a diagnosis as to what the fault is, and depending on whether in his opinion, it is a wear and tear thing or not, then you can decide on which way to proceed (or not). :-)

 

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I know it's not relevant, but it's an LCD one, not a CRT (unsure where you got that from!).

 

Anyway, thanks for the advice, it's good to know where I stand anyway.

 

CRT was from me I think I just explained that my TV repair man said it was difficult but not impossible to repair an LCD as the parts are a bit squished up sorry if I caused any confusion I'm the one with a big old CRT TV :oops:

I hope you get this sorted Dil if it's not one thing it's another.:rolleyes:

Good luck

NS x. :)

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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Is that the technical term? ;-) :razz:

 

I think he dumbed it down for me as he was explaining the repair of my TV to me and the confused look I had on my face :confused: , he used layman's terms from that point on.

He likened them to cars, easier to fix an older model than new as the parts are easier to get to, much more in new engines cramped together than older models with less in them and generally more space ( was still lost with this description mind lol).:oops::rolleyes:

But I could see what he was getting at mind not that bad you know.:grin:

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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