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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.  

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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.
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      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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Ripped off by American bondage site!!


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Hi I bought a chainmail bra from a bondage site in the USA.

www.kittenstoyroom.com

It arrived a week later but it wasnt suitable so I sent it back for a refund. The site states that items must be returned within 14 days for a refund. Anyway I sent it back by airmail that should of taken 3 - 5 working days but after a week they claimed not to have received it but that they would put a note on my account to say that I would definatly receive a refund. So about 3 weeks later I receive an email to say that they have received it and credited me. But they have only credited me with half the amount I paid for the bra. I paid $109.95 but was only refunded $54.95. I have sent emails querying this but am still awaiting a reply. Im pretty sure this must be illegal to short change ppl who have returned items. Does anyone have any advice? In the UK I would go to Trading Standerds but im not too sure what to do as its an american online company. Thanks

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Iv actually just been looking round the site and found out that in the terms and conditions it says that due to hygeine reasons these canot be resold so they will take a 50% deduction from the refund but I wasnt told this when ordering and it doesnt actually state this in the refund area so can this be seen as misleading?

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Well, no, if it says so in the T&Cs, it doesn't have to say so anywhere else. They could have told you so when they refunded you, that would probably save them and you some aggro, but they don't actually have to.

 

It was up to you to read the T&cs before ordering, I'm afraid.

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Well, no, if it says so in the T&Cs, it doesn't have to say so anywhere else. They could have told you so when they refunded you, that would probably save them and you some aggro, but they don't actually have to.

 

It was up to you to read the T&cs before ordering, I'm afraid.

 

Agreed.

 

By the way - what an interesting purchase!! :D

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I wouldn't have thought there was a hygiene issue with chainmail...They could just boil it if they were that worried...;)

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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Under Visa regulations you would possibly be protected, in the case of Barclays Connect debit card,as an example, for goods not received, faulty goods or promised refunds not received. This would all be covered under the Chargeback Rights.

 

Debit cards are not the disaster that seems to be suggested with purchases and safeguards, especially on things like the increase of internet sales, of course this would all depend on your bank, building society.

 

I would still strongly suggest that you continue to make purchases via credit cards or special financial agreements, that have full cover of Section 75 of the Consumer Credit Act, as it stands at present.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks for your replys :)

 

I know its absolutely stupid,I literally tryed it on it didnt fit well so I sent ti back the next day. I paid via barclays debit card, how would I go about getting a charge back on that? That site still hasnt replied to me either, it is literally robbery

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No it isnt - they have followed their terms and conditions!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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You can argue it is as much as you like, but if their return policy does say so in their T&Cs, and you didn't read what you were agreeing to before purchasing and now you got caught out, you can call it robbery, literal or not, but there's not a judge in this land or theirs that would agree... The fact you don't like the answers given to you doesn't make it any less so. :rolleyes:

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