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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi any advice would be welcome. We bought a fridge freezer august 2007 and paid £320 for it. Last month it stopped working. contacted appliance deals and they said as it was out of guarantee there was nothing they could do. Pointed out that the sale of goods act came into force for this kind of thing and was told no it didn't. We have now contacted an engineer to come and have a look at it. when the fault is found what is the next step? or is the sale of goods act no help at all?:(

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The legislation provides that goods should be of satisfactory quality and last a reasonable length of time.

 

What is a reasonable length of time? No definition of it. However, factors such as price, manufacture, how advertised may come into play. I would say that it is reasonable t expect a fridge freezer to last more than 2 years.

 

If there is a breach of contract, then the seller is liable for the cost of repair, replacement or partial refund. They cannot fob you off with the manufacturer, as your contract is with the seller.

 

See what the engineer says and come back to us. If it's found to be that the seller is liable then fire off a letter (we can do one for you) for breach of s. 14 of Sale of Goods Act, including a copy of the report, and request a remedy within 14 days.

 

PS. Some people think that goods should last for 6 years. That is not true, it is merely that you have 6 years to take action.

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Hi there, thanks for your reply. We are waiting to hear back from the engineer as to when he can come. We phoned the number given to us by Appliance Deals on friday evening so would expect somebody to phone on Monday hopefully. Will let you know what happens.

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Engineer coming out wed £85 charge plus extra for whatever parts are needed. Do we pay for the parts or do we just have a report done as to the fault? I know we have to pay for the call out service charge but if parts are needed what do we do then? let them repair it and try and claim from appliance deals? I do apologize if this is confusing but i have never had to do this before have always been very lucky with all appliances till now.......

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You may be better off with just the report. The seller may argue that he was not given the chance to rectify himself (untrue as it may be).

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You would be better off writing to the retailer first advising them that you intend to get an independent report done and who you intend to use, and the cost. this avoid dispute later.

 

Once agreed or you get no reply within 7 days, go ahead with the report and mail it to them asking for reimbursement, providing that a defect or fault is found. they should agree and refund repair or replace.

 

Simple really. from experience.

 

Make sure you send all letters recorded.

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Right, thank you both for your replies. I will let him have a look at it and give me a report but won't let him repair it .... yet. Appliance deals know that I am having an engineer out as they gave me the number so that is okay.

I will let you know how I get on Wednesday.

Thanks again

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Hi again,

Well the engineer has just left. He has raised the two front feet of the appliance as he says maybe the water isn't running to the back as it should? Apart from that it could be a blockage but we have to wait and see. If it is a blockage then it will start to thaw again and i have to get back in touch with him. He will then issue me with a report to the effect that the appliance is unrepairable. I won't have to pay the £85 again so that's ok. The appliance has never been moved from its original position when we bought it 21 months ago so I don't see how this problem can be solved by raising the front of it however we shall see over the next week or so what happens.... watch this space.

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Dunno about appliances, but did the engineer say if there was a cause or whether it should happen?

 

What you need is a statement saying the item does not conform to the contract. And remember if that is the case, you can claim all your costs back from the seller.

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Hi,

The engineer said it was one of two things. Either there were too many jars etc in the door, and the appliance was tilting forward causing the water to come through the vent between the freezer and fridge instead of back into the pipes? OR there is a blockage somewhere caused by something to do with gas and oil? I didn't really understand to be honest. However, he did say that if it started playing up again for us to contact him and he would send a report to say that it was not repairable . At the moment it is ok but we will wait and see. I can't believe that adjusting the front legs is the remedy as the appliance has been in the same position since we bought it and is perfectly level.

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:confused: Like I said, no engineer but wtf is that engineer on about? He doesn't sound a good one - one that would explain things in plain English.

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:) I agree . at the moment the fridge has been raised at the front so that it is tilting backwards in order for the water to drain to the back. It seems to be working ok at the moment. Mind you when you open the door it swings shut of it's own accord instantly because of the raised height! So we will wait and see what happens
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Good morning,

Well the report has arrived and the engineer has stated that everything was checked and the front feet raised. Also has stated the symptoms .. defrosting every few days and so he has said that it is still faulty and that he is advising a system blockage. Also enclosed is my receipt for the £85 call out charge so what is the next step please? it absolutely boiling here today 32degrees! fridge defrosting and this is going to take a while to sort out with appliance deals so can anybody advise me on the next step ?

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Update.

 

Appliance deals have offered to reimburse me with half the cost of the fridge freezer which is £160 but not the cost of having the engineer report. also they are willing to supply a new appliance and give £160 off. Any advice? should I accept or try for a replacement?

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If anyone is following this thread and can advise me i would be most grateful.

I have been in touch with AD and asked for my £85 engineers bill to be refunded as well as the £160, I also explained that the appliance was obviously faulty as it had failed in so short a time and that I would have thought that either they or whirlpool should replace it. However since then we have really been given the runaround. Firstly they say that whirlpool are looking into it and that they may send someone out to repair it , even though their own recommended engineer says on the report that is not repairable. Then they say that they are "on the case" but you can't get to speak to anybody and their manager is too busy to speak to us. So... this has been ongoing since at least six weeks ago, between the initial fault being reported, to the engineer coming out raising the legs etc to now. They received the report last Saturday and we are still no better off. Should I just accept the £160 and buy a new one or hold out for what i believe to be fair?

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Well the sale of goods act states they have a reasonable period of time to rectify the situation, and that any remedy should not cause significant inconvenience. And I'd say being without something as essential as a fridge freezer is pretty damn inconvenient.

 

What qualifies as "significant inconvenience" is down to you to decide, but you should send them a letter laying down how long your prepared to wait before taking further action. Naturally don't threaten them with any legal action unless your prepared to follow it through.

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  • 2 weeks later...

Update.

They have agreed to reimburse half the cost of the fridge freezer and also the £85 that was paid to the engineer. It hasn't arrived yet but it shouldn't be long now. This has taken since June 9th till last Friday to resolve.

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