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    • I'm not sure what the import export rules are, but as you have already bought it – and presumably you've got the purchase receipt – and it has simply been sent abroad for repair, then it shouldn't cost you any more money in duties. Of course this is assuming that you get your one back. On the other hand, if it's a question of having to buy a new one with your court winnings – which is maybe what you have in mind, then yes it would be more expensive. Maybe we will have to look at the possibility of claiming extra to take that into account. However you would have to come up with a definite figure and it could be considered as unretreivable consequential loss. But we can have a look. Have a look around this website for information on how to bring a small claim in the County Court. It's pretty easy but you need to know the steps if you want to be confident about what you are doing.
    • Thanks again for outlining the process, my mind has been racing back and forth between all the possibilities and to see it all written down in plain detail is rather helpful.   I will definitely be forthright and won't be pushed around, and have the funds to go the whole way, have checked my local court for the costs and they are well within reason + I do expect to win.   Time frame seems about what I was considering as the likely length it'd take, so thanks for that.   Because we'll be outside the trading EU trading bloc, my guitar might become quite a bit more expensive after Jan 1st, so will have to take that into consideration.   As you've said, will wait for their response and act accordingly, hey it may even show up... right?        
    • Well ParcelHero will try to pass the buck and they will try to say that in fact that Hermes terms are implied into their arrangement with you. However, the most important thing is that you are completely above board. You declared what it was. You didn't try to reduce the value – and even bought their so-called insurance for the full value. Everything is in your favour. Don't expect ParcelHero to be very pleased about it and maybe I'm doing them a disservice – but I suspect that they will drag their feet and I would suggest that you don't stand for it. You make your complaint. You want short deadlines. You assert your own timescale and you keep control of it. Don't allow them to pass the buck or to lead you around by the nose. If you are going to begin the complaints process on Monday then frankly you want to reply by Monday week. Assuming that reply is a negative – then you protest about it and give them another seven days – and then you issue a letter of claim giving them 14 days and then you send them the good news. That's roughly how it goes. I'm afraid that in terms of timescales, they will have 28 days from the time that you click off the claim – assuming that they file an acknowledgement of service – and then there will probably be another month or two before a hearing is listed so don't really expect to get this sorted out until January/February. I think that your chances of winning are excellent. Assuming you win then you will get back your claim fee and your hearing fee. You had better check the County Court website to see what these fees are. I expect that ParcelHero will want to test you by pushing you at each stage to see whether or not you are prepared to outlay on the next stage of the litigation procedure. I also suspect that they may choose to go to mediation – read what we have to say about mediation. This is where they will try to get you to compromise on your rights in order to save a few quid and to avoid the risk of a judgement against them. Of course you will have to do consider your position and you will have to consider whether you are prepared to accept a smaller amount but give up the risk of losing in court. If it actually goes to the hearing then there is a possibility that they will put their hands up just before the hearing – especially as you did buy the insurance – but if not then they will go to court. I'm not sure what issue they would focus on by way of a defence – but you would see that once they had responded to your initial claim form with the defence. And of course I might have it all wrong – and they may simply roll over next week – but don't hold your breath.
    • Hi BankFodder!   Thanks for getting back to me so quickly and with so much information.   Yeah, massive fail. Never had to use a courier for anything, and Hermes seem to deliver things around here without any trouble, as I said friendly with my driver... but lesson learned for sure.   Yes the insurance, or whatever they call it "cover" is with Parcelhero, I noted that Hermes didn't cover guitars and only had £300 worth of cover available so that was a no go.   Never been to court etc.   I will keep you updated on how the complaints procedure is progressing, and honestly having the support for the further eventualities has really helped me not feel quite so alone and frustrated, so thank you for that.   If my contract is with Parcelhero then it shouldn't really matter what Hermes terms are, as Parcelhero would be liable?   Nothing will happen over the weekend I'm sure, but fingers crossed for some response come Monday.   Thanks again BankFodder.
    • Hi all..   My lad has a Flip Slide toy from Smyth's that stopped working.  It's a bit like a Rubics style puzzle toy with flashing lights and a voice to explain various things.  It was bought last year in December and a couple of months ago the audio no longer works.  I can't choose the game type because I can't remember the options that would normally be spoken at the beginning.  Anyway, I took it back because I was returning his birthday present, which they promptly replaced but said as this Flip Slide was bought over 6 months old they wouldn't replace it.   It's not unreasonable to expect that device to have lasted at least a year is it?  Couldn't I suggest it wasn't fit for purpose or of unsatisfactory quality if it didn't last?  I'm not sure where I stand on it.  To be fair it's not terribly important as he'd stopped using it and it was only me that used it, but it'd be interesting to understand what's what.   Thanks in advance.   Link for anyone curious what the Flip Slide toy is, it's at https://www.smythstoys.com/uk/en-gb/toys/games-puzzles-and-books/board-games/children-s-board-games/flipslide-game/p/159748
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      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.
       
      • 3 replies
    • 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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