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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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manufacturer's warranty and faulty invoice from seller


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Hi everybody,

 

The first I apologize for my bad English if wrote some stupidity. The second: I'm from Bulgaria and need help in my trade relations with UK on-line seller.

Now to the my problem: The 6 months ago I purchased Sony-Ericsson bluetooth handsfree from Amazon's seller PrepayMania. They offer sale only to UK, but I wish to use in Bulgaria and verify carefully SE Limited Warranty circumstances. There write: "If you have purchased your Product in a country member of the European Economic Area (EEA) or in Switzerland or the Republicof Turkey, and such Product was intended for sale in the EEA or in Switzerland or in Turkey, you can have your Product serviced in any EEA country or in Switzerland or in Turkey, under the warranty conditions prevailing in the country in which you require servicing of the Product, provided that an identical Product is sold in such country by an authorised Sony Ericsson distributor. To find out if your Product is sold in the country you are in, please call the local Sony Ericsson Call Center.". In a jiff I contacted the local SE Center and they said that all right and I only need document of purchase with SN (serial number ) of an item. "That's all I need"- I said.:D Then I purchase the item and gave my sister's address who lived in LLandudno on that moment. She check the item and send me handsfree to Bulgaria. Before a month the situation was unendurable: the handsfree went to do very many problems. Of corse I get him and the invoice and went to local SE service. To my great surprise the Item ID (is this SN ? - I don't know) on the invoice isn't coresspond to any numbers on the item and of corse from service deny my request.:-x After that I send inquiry to the seller and reply was " Apologies but we do not have a list of any serial numbers for these item.". The question is : Is the seller oblige to inscribe the SN in an invoice ?

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Is the seller oblige to inscribe the SN in an invoice ?

 

 

 

No I don't believe there is any law requiring that.

 

However why don't you send the item back to your sister and have her return it for you as a gift you purchased for her. you are covered under sales and goods act for it.

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You may be lucky in that Sony-Ericsson may have only started making that model of handsfree in the last 12 months. In that case it will still be in warranty as it can only be under 12 months old. The actual serial number then becomes irrelevant.

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juliusceasor: My sister already doesn't live in UK and I have nobody whom send the item !

 

old_andrew2007: What is bump ?

 

 

 

"bump" just means your post had dropped down the list and might have been missed, when someone posts a reply to the question it goes back up to the top. So it was Bump'd up to the top of the list purely to raise it's visibility.

 

Well unless you purchased it by credit card whereby you could if you don't get any help claim against the credit card under section 75 you'll have to speak to Sony tech maybe you can email/ call them and see if they can help you direct any further. If you have the serial number of the item they can tell roughly when it was sold and who sold it so there shouldn't be a problem. Go back to Sony and see what they say, there is no requirement for the s/n to be on the invoice as far as I am aware. And if the s/n is not on the packaging you bought it with nor on the device i would be impossible for anyone to have entered it onto an invoice anyway.

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The invoice doesn't need to identify the handset by code - as long as you have some form of paperwork that can reasonably be used to support your claim that the handset was purchased on a particular date.

 

I'm unsure where the nearest official SE service centre is to Bulgaria, but I would post it to them after making sure they know the circumstances - also send it insured in case it goes missing.

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From SE want document with SN and date of purchase, I ask !

What I found in Business support, information and advice | Business Link : "Information that invoices must contain

 

All invoices should clearly state that this is what they are with the word 'invoice'.

They should also include the following:

 

  • a unique identification number
  • your company name, address and contact information
  • the company name and address of the customer you are invoicing
  • a clear description of what you are charging for
  • the date the goods or service were provided (supply date)
  • the date of the invoice
  • the amount(s) being charged
  • VAT amount if applicable
  • the total amount owed "

Is there some organization (agency or committee) for consumer's protection where they can help me?

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SE only want proof of purchase. I have NEVER had an invoice which stated all the things you list. No agency will assist you in this - and at this stage, your supplier will be unable to provide anything extra as it will look as though the amendments will be done to defraud.

 

You have a phone, you have a receipt for the purchase showing the date. If your SE dealer refuses to accept this, ask for his superior, as there is no requirement for any serial number to be listed - the 'unique' number referred to is the Invoice number, and you will not have an invoice, you will have a RECEIPT, showing payment made.

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From SE want document with SN and date of purchase, I ask !

I take you asked and they said they want it with the S/N.

 

you can try one of the following:

 

Type the s/n onto the invoice yourself.( don't know the illegality of this)

Speak to the UK SE center and get something from them to show to the SE in Bulgaria that the S/N isn't required.

Ask the UK SE centre to handle your faulty product for you.

If you bought it by credit card complain to them.

 

You could check to see if a new unit bought in Bulgaria has details of S/N on it if not buy one and return the faulty one in its place... (fraud)

 

sorry best I can come up with

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buzby: Are you sure ?! I didn't ask dealer but directly SE Bulgaria (there isn't any superior) and they send me SE European Limited warranty:

"CONDITIONS

1.This Limited Warranty is valid only if the original proof of purchase

for this Product issued by a Sony Ericsson authorized dealer

specifying the date of purchase and serial number**, is presented

with the Product to be repaired or replaced. Sony Ericsson reserves

the right to refuse warranty service if this information has been

removed or changed after the original purchase of the Product from

the dealer.

**In some countries/regions additional information (such as a valid

warranty card) may be requested."

Everybody can download this from SE web site.

In Bulgaria if I buy this, the seller will give invoice and warranty card

obligatory. We have state agency for consumer's protection and ombudsman ( I don't sure is word correct ) which consumers may address a petition for strife with dealer or manufacturer.

 

juliusceasor: May be the only chance is to contact UK SE. Let's wish help me !

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SE's conditions are in ADDITION to your statutory roights, they cannot remove any. It is complicated by your change in territory, but nevertheless, SE will still have to resolve your issue. Do NOT under any circumstances alter or modify your original receipt as previously advised, this will result in your receipt being classed as invalid or fraudulently altered.

 

Since your phone was supplied in the UK, you may have to fit in with SE's UK service centre - but this will be a needless cost, as the Bulgarian centre could easily check that the handset was sold legitimately and you have the correct proof of prchase.

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Do NOT under any circumstances alter or modify your original receipt as previously advised, this will result in your receipt being classed as invalid or fraudulently altered.

 

Not advised suggested but with a caveat. But you are right they wouldn't accept it.

 

Since your phone was supplied in the UK, you may have to fit in with SE's UK service centre - but this will be a needless cost, as the Bulgarian centre could easily check that the handset was sold legitimately and you have the correct proof of prchase.

Actually having spoken to SE I can easily understand the difficulties Rado is experiencing. Hopefully he will be able to resolve it now but I do think that insisting on a S/N on the receipt over which the consumer has no say in is unlawful restriction on consumer rights. However Rado is not easily in a position to help himself being abroad.

 

read it yourself Sony Ericsson - Support - Bluetooth? Car Handsfree HCB-105 - Warranty Information

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I would assume that in Bulgaria, their paperwork WOULD include this, and as such would be no bg deal as this receipt and the warranty card would be provided automatically. Motorola, which was first off the bat with a truly worldwide service arrangement for faulty handsets accepted the documentaton provided base on the country of purchase, which is why I believe that SE locally are in error with their interpretation.

 

However, it remains a valuable lesson - if you do but something abroad, expect problems if a warranty repair is required. (Expecially in view of the high number of hijacked handsets circulating, which dont have their IMEI's blocked. (Bulgarian networks are not signed up to the EU/GSMA database.

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I would assume that in Bulgaria, their paperwork WOULD include this, and as such would be no bg deal as this receipt and the warranty card would be provided automatically.

 

 

You didn't read the link. The warranty restriction is the same for UK, it requires a S/N and the company told me so.

 

Plus he bought an accessory a hands free speaker or headset, not a phone, no IMEI required for that. And whilst one should beware purchasing abroad, if the item has a worldwide warranty one should expect support. And as I said if you buy something you have very little say on what is entered on the invoice, especially when not in the presence of the supplier.

Edited by juliusceasor
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Folks, now I'm sure the seller sold me fake:( Haven't other reason to string-along me:

After a lot of e-mails in which I many times clear said that I haven't somebody who lives in UK and to be mediator, the stupid bitch said me "That will be fine, can you include a note inside the parcel with the UK address that you want us to send the item back to please.". No, he doesn't stupid- he's insolent because he knows I'm so far and so helpless!:mad:

 

I said my sister "when the handsfree received to you check him and the documents" but I didn't think to collate the SN, chiefly that SN is under hardly opened top. Look at the photo of invoice: http://kachi-snimka.info/images/bwy1250151099h.JPG There is field "ITEM ID" what I thought is SN. He's another number- not invoice number that is on top right corner. That's why I look for legal requirement seller to write SN.

 

Is there any law against dealers in fakes to threaten the seller?

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You will not have a fake. SE will know the phone's history by looking at the IMEI (*#06#). This is a UK firm selling only to UK customers, the fact you are based abroad is a complication YOU added). This is also a very cheap handset.

 

The Item Number is the COMPANY's own reference for the handset (for their own stock control) and the receipt you show is perfectly adequate for SE to process a request for a warranty repair. If your local SE repairer refuses, then take it to someone more senior.

 

Your attitude is totally wrong here - you want to 'threaten' the seller? Sorry - I don;t agree with that. You are no longer in the UK, and the dealer will only send it to SE anyway. They will know UK dealers do not log the IMEI on receipts (for security purposes), so the secret it to buy locally if you're worried about international warranties.

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You will not have a fake. SE will know the phone's history by looking at the IMEI (*#06#).

....They will know UK dealers do not log the IMEI on receipts (for security purposes)...

Headsets hasn't IMEI and doesn't loked to definite operator - it's accessory!!!

This is a UK firm selling only to UK customers, the fact you are based abroad is a complication YOU added).

He sold to UK customer how is clear from the invoice.

This is also a very cheap handset.

57,98 pounds are cheap !? This is one of the best stereo bluetooth handsfree which I prefer after many weeks reading reviews.

..and the dealer will only send it to SE anyway.

Will send if the item is original and supplied from manufacturer ! If the supply is illegal ... ?!

... so the secret it to buy locally if you're worried about international warranties.

That's the best,but SE offer this headset in bg SE site AND nobody dealer sell him in that moment!?! I few times asked SE bg to direct me to some seller and answer was " NOBODY " and I very much want him. Also I didn't worry about warranty because I expect correct trade relations from seller, as well as from manufacturer. I don't see any wrong in this if the supplier implement the manufacturer's circumstances!? In the long run who is superior: manufacturer or supplier ?

Edited by rado_
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(1) We've now established you have a faulty bluetooth headset, not a faulty phone.

(2) You misunderstand. To seek a repair/echange under UK rules, you need to return the headset to your supplier, who may NOT be prepared to return it to you to an address abroad dure to cost. If you do not have a UK address for them to return it to (and they refuse to send it abroad) they may be prepared to send it back at YOUR expense - as it will have to be insured against loss.

(3) My first SE headset was mono and cost £130. Yes, I'd say it was cheap!

(4) You are introducing problems that are yet to be proved. Why imagine it is a fake - unless a SE repair centre has told you?

 

Who is superior, supplier or manufacturer? The manufacturer, because they have access to spares and replacements that a dealer or supplier may not.

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(1) We've now established you have a faulty bluetooth headset, not a faulty phone.

The only person who hadn't established this is you!!:confused:

 

 

(4) You are introducing problems that are yet to be proved. Why imagine it is a fake - unless a SE repair centre has told you?
Agreed , worry about that if it arises.

 

However your invoice doesn't list VAT or a VAT number that surprises me.

 

Rado you should be prepared to pay for postage back to Bulgaria if the UK SE centre will repair it. Under UK consumer law you have the right to return it to where you purchased it you don't have to send it to the manufacturer. But given your situation itwould seem if th eSE will help you to send it there, as clearly you knew the Uk supplier wouldn't sell it to overseas customers. Low price (as why else would you buy it from them) doesn't always mean good service sometimes for peace of mind you are better paying a premium for service.

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However your invoice doesn't list VAT or a VAT number that surprises me..

 

The only person that is surprised about this appears to be you. :???:

 

There in NO requirement for any Invoice or receipt to bear a VAT breakdown or VAT number. Only if the paperwork is deemed to be a 'Tax Invoice' are any of these details required - indeed, many suppliers have "This is not a Tax Invoice" printed on them.

 

Et tu?

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Expecially in view of the high number of hijacked handsets circulating

OK. May be I didn't voice right- it's not a fake, it's illegally imported and that way seller don't wants to give document with SN to inconvenience himself.

 

You didn't read the link. The warranty restriction is the same for UK, it requires a S/N and the company told me so.

If the restrictions are the same, how UK service centre will repair him ? No problem for me to shipp, but I'm worried that they reject my request due to missing SN !

 

What be the your reaction if you have traveled to Taiwan but forgot you digital camera and bought some for about 500 pounds ( my wages is about 350, I think yours are 10 times more). You bought from glossy shop, has document for purchase and know that .... has the world warranty. And few monts ago the camera stoped work and from service centre rejected you due to missing document that seller doesn't print you. Are you be happy? Are you swallow so easy? I think so !

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