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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Homebase/Argos won't deliver items to room of choice


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I wanted to make people aware of this as it's not clear on the Homebase website.

I recently ordered three items of office furniture (between 40-50kg each). Argos delivered, on behalf of Homebase, but refused to take the items upstairs. I'm now left with them in my Living Room and am desperately looking for some able-bodied men!!

I've never experienced this before - John Lewis, Next, Dreams etc have all lifted very heavy items up two flights of stairs. I wonder what would happen to people who live in flats.

I feel that this should have been made clear at the time of placing the order. Had it been so, I would definitely have gone elsewhere.

I will NEVER order from either of these companies again.

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Whilst I sympathise, I fail to see the issue - they never said they would, you never asked, and a delivery service certainly has no obligation to take it any further than your door. Surprised(but pleasantly!) that Next and JL will take it to a certain toom, to be honest.

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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Whilst I sympathise, I fail to see the issue - they never said they would, you never asked, and a delivery service certainly has no obligation to take it any further than your door. Surprised(but pleasantly!) that Next and JL will take it to a certain toom, to be honest.

 

 

Well you're the first person I've met who hasn't been shocked by this!!!

 

I've spoken to so many people today and everyone has always had it taken to the requested room. I've been having furniture delivered for 30 years and that's always been the case.

 

Nobody I know was aware of this and I think it's worth pointing out to others don't you???

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Thats fine - point it out, not saying any other :)

 

Just saying that personally I am not surprised, and personally dont think its an issue....but this is just my personal opinion - perhaps I am being naive, and to be honest I have never ordered a lot of large items for delivery :).

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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Thats fine - point it out, not saying any other :)

 

Just saying that personally I am not surprised, and personally dont think its an issue....but this is just my personal opinion - perhaps I am being naive, and to be honest I have never ordered a lot of large items for delivery :).

 

 

Yes, I understand, but I have ... many, many times. And this has NEVER been an issue before. As I said, everyone I've spoken to can't believe the items were dumped in my Living Room. I paid quite a lot for delivery (more than John Lewis, for instance) and would have expected them to have been put in the required room.

I really wish someone had pointed it out to me, via a forum or whatever, and then I could have taken my custom elsewhere. I had an op recently and am not allowed to lift anything heavy. I read on a forum of a lady who was pregant who had the same problem with Homebase. I would much rather use a company who would take the goods to the required room, than have to rely on friends etc to help me.

My main point is that it should have been made clear. I spoke to Homebase today and the lady on the phone agreed with me. Hopefully, they will change their policy so people know what they're letting themselves in for... it really isn't the norm in my experience.

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Argos and Homebase are the same company HRG, and their policy states that they will deliver to any room as long as there are no health and safety issues taking it to your preferred room.

 

You can always ask HRG to refund the delivery charge (which they will probably do).

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Argos and Homebase are the same company HRG, and their policy states that they will deliver to any room as long as there are no health and safety issues taking it to your preferred room.

 

You can always ask HRG to refund the delivery charge (which they will probably do).

 

Interesting!! They only had to take it up two straight staircases. Nothing hazardous. I'll take this up again with Homebase.

Thank you very much.

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I really wish someone had pointed it out to me, via a forum or whatever, and then I could have taken my custom elsewhere.

 

To be fair, it's probably easier to ask the company about the delivery arrangements at the time of placing the order, rather than searching round various internet forums to find the answer.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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To be fair, it's probably easier to ask the company about the delivery arrangements at the time of placing the order, rather than searching round various internet forums to find the answer.

 

I just never expected there to be a problem so I wouldn't have thought to ask. However, if someone had told me this had happened to them, then I would have been aware. To be honest, most people I've told today have said that they're glad I mentioned it and will make sure they check. Like me, they'll also avoid Homebase/Argos.

My point is that when after 30 years you've never encountered a problem with something, you don't expect it to happen. As the norm is to have furniture delivered to room of choice, I think companies who don't do this should make it clear at time of booking. Even the delivery men said it wasn't clear and they've had lots of complaints. I think the problem is that they've recently changed their policy.

I just wanted to make people aware. People on the other forum I posted on have been grateful for the advice.

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Can't say I am surprised, when I ordered large garden room from my catalogue a few months back, the guy would only drop all the stuff in my front garden even though all he had to do was drive a few feet further then drop it in my back garden, which would have made no difference whatsoever to him, but no, wouldn't do it "cos of health and safety". Yeah right. :rolleyes:

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I have this issue whenever I contact a customer to arrange delivery. Many times they expect our drivers to take a pallet/large item out of their trailer and take to x y z. People do not understand that (normally) insurance is payed out on the goods on delivery, the driver is risking it to take it further than the area around the transport vehicle. If they are damaged (or they damage something) after leaving the vehicle Insurance will not cover it. The customer can also claim it was delivered damaged, something which we have to becareful about.

 

I do not work for Argos or Homebase but I can see how their operations work. I find it highly unlikely they would encourage their drivers to take goods any further than front garden (in the case of garden items) or the front hallway. You may not think of it as hazardous but it's the same with all kinds of insurance: don't take the risk don't lose out.

 

Personally if you are seeking an upgraded service to your desired room/location I would recommend taking it up when you order the delivery, not during.

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My father ordered a new bed from Argos a few years ago, he had a similar problem, except when he phoned to order it, he asked if the company would deliver to the room of his choice, explaining to the lady that he is a senior gent and had recently come out of hospital, and was unable to lift anything. Admitting this was difficult for my father as he is a proud man and until then had been fit and healthy, he hates asking for help. The lady on the telephone said that they always deliver to a room of the customer's choosing.

 

When the order arrived the delivery men refused to even take it inside the house. They couldn't possibly argue health and safety as they hadn't seen past the front door. They simply said it wasn't their policy. One of them had the cheek to say he would do it if my father "put his hand in his pocket". My dad told them just to take it away again and he would complain to the company which he did.

 

I myself have had similar difficulties with a company promising delivery "evenings and weekends" when I enquire as I work full time and wouldn't trust an item to be left with any of my neighbours, I wouldn't trust them with a bag of salt let alone an expensive item of furniture, but the delivery men won't do it. They'll attempt delivery mon-fri office hours and stick a card in the door, telling me I can collect the item from their depot! 1. I don't drive, 2. I don't know anyone with a large enough van to collect the item for me, and 3. I paid for a weekend delivery, which was extra!!

 

It's a breakdown of communication between the companies and the couriers. The company claim the couriers state they will deliver to room of choice, or will deliver evenings/weekends, but the couriers insist it's not their policy and the company is aware of that. No win situation really! It's just a pain in the neck to have to ring the company to get a refund and complain yet again.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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Regardless of any contractual details, you would think the deliverymen would simply do it as a matter of common courtesy, especially if, e.g, the customer is disabled or elderly. What happened to people taking a pride in their work?

 

And as for health and safety, I can bet my dear granny's bloomers that they will find some excuse if they want. Common sense seems to go out of the window where H&S becomes involved.

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Page 1793 of the current cat, under Delivery, Larger Items: "...Any Items Marked Home Delivery Only will be delivered to any room of your choice provided drivers do not feel there are any health and safety issues such as a staircase which is too narrow or there is danger of damage to the customer property..." (Excludes 48 hour delivery)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hmmm. There are a few threads on theretail store forums where people are complaining of deliverymen damaging furniture / staircases because of such issues. Possible case if damned either way.

 

Can the items be taken apart and re-assembled? Or maybe any help from friends / relatives / neighbours in moving the furniture?

 

I think this is one of those cases where it is best to achieve the result yourself and not bother with the seller except to write a stinking letter of complaint to them (and posting your displeasure on the internet wherever possible).

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I certainly hope those people havn't signed for goods that were damaged? If they did they must write it on the delivery note. Even though they ask for your name and signature more often than not you can usually state the condition if it is damaged. If you don't and you claim it was damaged during delivery, they can very simply turn around and say; delivery note has your signature- you accepted it in good condition. Get lost.

 

Do not ever sign until you've inspected the goods. If they are damaged, refuse the delivery stating damaged goods. Contact the supplier and get a new product or a refund. They should not charge you for this.

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I've always said this but I get confused too... if it is one item and large - like a bed...easy to inspect for damage

But what about multiple things? for instance, I order lots from a computer supplier (parts) and I could have anything from a few to 30 items in a single box

I dont sit there in front of the driver opening the box, stripping it down and checking it as i know it would take 30 mins or so by the time I got to the last item.

 

Having said that, I have had damaged items (rarely) in a box of 30 items and the supplier honours it and gets it replaced if reported within 48 hours which i think is fair

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Isn't there a clause in the sales of goods act or comments from TS that states that a signature accepting goods does not mean you have accepted that the goods are not inherently damaged? Will have a look tomorrow when I get some time (Got work in a minute)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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