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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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CC with a £500 limit, £600 in charges, plus interest of £81.33.

 

I already had all my statements, filed N1 on 27/6, they were deemed served on 8/7, notice to defend on 18/7, defence posted to me on 21/7. AQ to be taken in on 7/8. They claim it is not a money claim but a damages claim, and they dispute how I have worked out the interest, I am sending them a table of how the interest was worked out.

 

In the defence they posted they admitted to selling my debt to Cabot for £177, and that they lost £650 in doing so, I could hardly read through the tears.

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  • 1 month later...

Any news on this?

Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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  • 1 month later...

My case against CitiCard has a court date, I've been speaking to David Travis and he has told me (over the phone then in writing) that Citi will prove that each breach only cost them £12.88. The gist of the conversation being that now they observe the OFTs new price of £12 they are losing 88p per charge on their actual overheads.

 

However if they state this in court are they not opening the door to claims by every Citi customer who has ever been charged to claim back the difference between their pre-£12 charges? Most were set at £25 so this would be admitting to overcharging every customer by £12.12, would it not. Have any other cases ever got to the point where a bank has stated a price in court?

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Please have a search for Lickthewallfatboy's thread in Citi, where they did this for the first - and only - time.

 

There is no such thing as an OFT "new price", there is a threshold at which the OFT will take legal action against the banks themselves. The OFT state that £12 is NOT to be seen as an acceptable amount, and that only a court can decide what is or isnt a penalty charge.

 

Beware talking to them on the phone, they will poison your mind and convince you that day is night and that they're losing money whenever they charge you unlawful charges!!! :rolleyes:

 

DO you not have an existing thread?

 

 

[edit: found it. Merged 2 threads, pls keep your updates and queries to one thread per claim in future, thanks.]

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Big news.

 

They put in AQ, court date 2pm 14th November 2006.

 

David Travis has quoted me Kissik vs Citi, and says they will prove £12.88 per charge.

 

I recommended he stay at the Novotel, within walking distance of the Courts.

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I do. But I thought this was a general point. David Travis has promised me he'll be in court. I have looked through the quoted threads. I got David to put £12.88 in writing. I wasn't sure if this was a significant thing.

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I do. But I thought this was a general point. David Travis has promised me he'll be in court. I have looked through the quoted threads. I got David to put £12.88 in writing. I wasn't sure if this was a significant thing.

 

Which court?

Consumer Health Forums - where you can discuss any health or relationship matters.

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hi, a pal of mine who has a citi credit card tells me he had a letter from citi, 30 days notice, that their standard monthly interest rate has gone up to 27.9%pa a rise of 60%, citi must need this money to pay brian smith bill.

Has anybody else had a letter.

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Know that the Kissick case got dismissed as a case history in Keren29`s case as N.Ireland law is different to that here. Still Citi continue to use it.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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how does it cost £12.88 to add an automatic charge to my statement. does that extra line of ink contain gold?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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It does not cost £12.88 Citi know and we all know it!

adamski

Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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now there's an unusual first post.........

 

New Citi reclaimers are very shy LTWB - there was one only last week his first and only post concerned your case, and hasn't been back since.

Consumer Health Forums - where you can discuss any health or relationship matters.

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