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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
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CARCRAFT: Am I too late to do Anything? Missold Useless Warranty


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Hi All,

Not really sure if I can do anything about this, though I have tried!

 

Long story short, I stupidly bought a car from CC 12months ago. Saw it online, fell in love with it bla bla! Anyhow, rang up next day - told it wasn't for sale. Rang later on that day to check and, what a suprise, it was for sale! Told them I was interested in it and arranged to view.

 

After waiting around for around 5+ hours with 3 bored children, a fed up hubby and agreeing to part with my beloved mondeo (which had been mot'd 2 mths previous). We were all herded to a room to fill the forms in. I was told the amount was £128mth. That was the car finance, insurance, warranty etc. GREAT I thought, I can afford it fine :) Reluctantly I parted with my mondeo which was taken in exchange and we all trundled off home.

 

Imagine my first shock when I received the forms from the finance company stating it would be £188mth!! I duly rang them + said I couldn't afford it and that I was told by CC it was £128!! They removed the insurance and I'm now paying £158mth!!

 

My second shock came when I got the MOT done 6mths later. Not only did I need a new exhaust, but also needed a new clutch! I rang CC up and told them that they had knowingly sold me a vehicle with a defect. Of course, they said go to the insurers but they were not liable because of their so called 125 pt check bla bla!! I rang NAC, guess what, not covered, wear + tear!!!

 

How did I know they had knowingly sold a defective vehicle? Well, when I got the original documents at pos (MOT cert, V5) the MOT said an advice note had been issued BUT.... you guessed it, I NEVER GOT THE ADVICE NOTE!!! I checked online and, Lo + behold, the exhaust had been mentioned!!!

 

Ok, so here's my question...... Can I do anything whatsoever about this? Like I say, I rang + rang but got nowhere with CC (Merseyside) and nowhere with NAC. Surely they are in the wrong for selling a car with a defective part!! BTW it cost me a grand to get fixed!! Its a Landrover:roll:

 

Can I also claim back the money I've paid so far for the warranty?

 

Many thanks for reading (sorry it was so long!) Really appreciate any help or advice offered,

 

Jen :)

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I can't see how the agreement you signed at the sales office should be different from the copy sent to you by the finance company. Were you given a copy at the showroom to take home with you?

 

The clutch and exhaust are indeed wear and tear, but the mention on the non appearing advisory of the exhaust, although not illegal to sell as it was an MoT pass, was obviously hidden by them not giving you the advisory, and can only increases your case for reimbursement.

 

Don't do any telephoning, only correspond in writing.

 

What was the exact date of you getting the MoT and your purchase? If that was inside 6 months, and you talked to them immediately then you can write, enclosing a bill, (copies of the garage bill), and say they either pay the bill or you reject the car and have your money back plus what you paid out on the clutch, (they are not entitled to betterment).

 

I would leave it at that for the first letter and make sure you send it at least recorded or special delivery.

 

See what their response is (although we prob know what it will be), and then we can take it from there with the next letter being a letter before action.

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Hi Connif

 

Thanks for reply :)

I bought the car on 1st January 2008 I rang them prior to getting the MOT done + the work as I had gone online to check about the advice note. I had the car checked in May/June as the MOT was coming up - I will update the exact date later today :)

I was given forms when I left showroom, no-where did the final balance mention £188 per month

 

Thanks for helping, I will get the letter written asap and post up before sending,

 

Best regards,

 

Jen :)

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Hi again,

 

Ok just went thru my paperwork and this is what I found regarding the MOT + my complaint about the exhaust:-

 

* MOT was carried out August 19th 2008

 

* I rang (CC) them on 8th July 2008 informing them of my findings regarding the exhaust + was told to ring NAC as they could/would not do anything

 

* Rang NAC on 9th July 2008 + told not covered + to take things up with CC

 

* Rang CC again on 9th July 2008 + again told nothing they would or could do. Told them I was seeking advice and lady said she would note this down upon my file

 

 

Right, looking at the main paperwork relating to the agreement this is what I found:-

 

* PROVISIONAL ORDER FORM - This shows in BOLD the amount per mth as being £128 / 129

 

Thers a confusing bit which I dont get how they got the figures, simply put in cash loan (price of car I assume!) It states £4589.00 yet further down it states in cash price inc VAT for new Goods £4689.00!!! The car was secondhand!!!!! And those figures are BEFORE interest AND insurance ANd the warranty!!!! Well + truly stiched me up by the looks of things!

 

Absolutely nowhere does it mention a price of £188 per month, which is what a letter I received from GE Money stated the amount per month was.

 

Like I say, I cancelled the insurance but I still have the warranty attached. I'm confused because the document has 2 different boxes which has Insurance/Warranty/Loan above it!! One says including IPT - what on earth is IPT??? Strangely, this one is for £995.00 but other one is for £748.03!!!

 

I will try scan this up tomorrow so if anyone can help that would be really really appreciated, I'm sooooooooo confused, not a clue now as to how much I will actually end up paying out.....

 

Grateful thanks to all as ever,

 

Jen :)

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ipt

 

thats insurance premium tax

that is payable on all insurance policies paid

if the insurance is cancelled that should have been refunded

 

the figures for this tax is beyond me

HOW MUCH DID THESE INSURANCIES COST

 

its normally 10% of the premium payable by the insurance company, not you

 

who is the finance company

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Hi there,

 

Thanks for reply :)

 

The finance was done through GE Money

 

Heres the figures, pls bare with me :)

 

KEY FINANCIAL INFO BOX

 

(Cash Loan: £4589.00) (Insurance/Warranty/Loan: £995.00) Total= £5584.00)

 

Mthly Pmts of Cash Loan = £129.89

Mthly Pmts of Ins/W/Loan = £28.16

Final Pmt(consist of option

fee + Admin Fee =£299.00 (total, i not told about this!)

APR = 26.8% on all except Final Pmt.

 

Below that there is another box, here's those figures:

 

Cash Price For Goods inc VAT for new Goods = £4689.00

Cash Price For Insurance/Warranty/Loan = £995.00 inc IPT

 

Below is yet another box!! The figures are as follows:

 

Total Charge For Credit on Cash Loan = £3449.97, Interest = £3204.25

Total Charge For Credit on Ins/Warr/Loan = £748.03, Interest = £694.75

Thereby giving a....

Total Charge Credit = Grand Tot of £4198.00

Total Charge Interest = Grand Tot of £3899.00

Many many thanks for your help and advice regarding this,

 

Jen :)

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can you post your agreement please

deleate personel details but leave in the figures

google photo bucket

 

interested in the total charge for credit on insurance fee/warr/poss acceptance fee

 

realy need to see agreement

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Oh also, what it is I not sure about is whether or not the figures for total charge for credit, interest are on top of the cash loan!!! by my reckoning that is ummmm omg it is beyond me to eeek!!

 

Jen :)

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Hi,

 

Have made bigger on the site heres the link, hope this is clearer than before :)

 

http://i443.photobucket.com/albums/qq157/LoopyLou22/CARCRAFTDOC001.jpg

 

Sorry for sounding thick, but whats the default notice? I have no arrears on my payments, well, not yet anyhoo!

 

Many thanks

 

Jen :)

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Just looked and it is a bit clearer on the 2nd link, I had to right click to make it bigger... wasnt sure how to upload as a bigger file :(

 

Thanks for your input, all help + advice is greatly appreciated :)

 

Jen :)

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Oh also, just checked the initial letter from GE Money in relation to paying back on the car finance, they state....

 

As specified on your agreement, your first payment of £186.50 includes a £0 Acceptance Fee - a contribution towards the arrangement costs of setting up your account - and is due on 2nd February 2008.

 

Nowhere that I can see upon the paperwork in the link is there any ref to this payment!! Needless to say, I rang up as soon as I received that and got it to £158 per mth.

 

Jen :)

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hi loopylou

 

ive spotted a few things that i am having checked out so its not gospel , but looking good

 

the big con with these agreements is acceptance fee included in the total ammount of credit. that is you are paying interest on some thing not conected to the vehicle.

yours is addmin fee

 

the other insurancies also cannot be included in the total ammount of credit also

double checking that on but sure its correct

 

last thing

 

the insurancies must be on a seperate part of the agreement.

in other words

 

you sign and date for the car finance,

then in another section, sign and date again for the insurancies, which must be kept seperate

 

ill look up to confirm as well as getting more comments from our more experienced caggers

 

looking good

 

glad you have sussed photo bucket

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Hi,

 

No initially I was lead to believe that the total amount was £128/£129 per mth

When I received letter from GE Money, that was when they said first payment was £186.50

I rang GE money and the amount per mth was reduced to £158 per mth

No mention anywhere about it being £186.50 on any other paperwork I signed at all!!!

 

Jen :)

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