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    • Once it is confirmed that you have the judgement, then you should get it enforced by the High Court enforcement officers. This means that you will have to go to a HCEO website, and begin the process. It will cost you £66 to have the County Court judgement converted into I High Court judgement and then an order to HCEO to enforce the judgement. You will need to double check that if they are unable to enforce it, that you won't be responsible for the fees. It is standard nowadays for the defendant to be responsible for enforcement fees and if the enforcement fails, then HCEO have to absorb the costs themselves. However you should just check that this is the case when you begin the transfer up process. (Transfer up is where the judgement is sent up to the High Court for enforcement). Enforcement this way is available for any judgement more than £600. High Court enforcement is very vigourous and is the best way forward. However, it is at the enforcement point where you will start to learn whether the defendant exists/has assets/is at the address which you used for the claim/all sorts of other ways that they escape.  
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    • as you've no doubt read in other gym threads ( i hope??)  here any adim fee is a 'penalty' and is unlawful.   dx  
    • Also I have always been under the impression once I have a refund we will return the car to the dealer, is this the case or will I still own the car after they have refunded the money?
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Postalgold.com-I Have a Problem.Advice Needed.


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Briefly..

 

Had some dental gold.

 

I also had some dental plates and bridgework which I thought were either gold or platinum.

 

About 37gms all in which I sent to ''Postalgold'' as seen on TV and sponsors of 'Dickenson's Real Deal''.

 

Used their service, goods arrived on 9th Sept.and I received emailed acknowledgement.

 

Exactly 2 minutes later another email was received...

 

Congratulations! We have analysed the items you sent us using your Gold Kit and your gold has been

converted into cash!

 

Your items have been fully evaluated in our laboratory and we have now issued your Postal Gold payout!

 

Please note that besides your precious items you also included non-precious items in the Gold Kit you sent us.

As we do not pay for non-precious items please be advised that the payout amount might be less than you expected.

 

Your Postal Gold payout has been sent; please find the details of the payment below:

 

Payment Method: CHEQUE

 

Payout Amount: £35.17

 

I waiteduntil I received the cheque just in case they had made a mistake with the emailed offer which arrived on 14 Sept.

 

The sum offered was still £35.17 so I decided to decline the offer and take advantage of their 7 day guarantee of 100% satisfaction or your gold returned when they received the cheque back.

 

Scrutinised the paperwork but return address for the cheque was not to be found. Checked their website but the address is not there either.

 

Emailed their support saying I required their address to return the payment. Received prompt reply..

 

Thank you for your email.

I am sorry to hear that you are unhappy with the payout you received. Some of the items you

sent to us did not contain gold so this will probably have caused the payout amount to be lower

than you expected. However, I'm pleased to inform you that I have discussed the matter internally

and I have been authorised to offer you a higher amount. We can offer you £53.55 - would this be

of interest to you?

 

If this is not acceptable, you can return your cheque to:

 

Postal Gold Ltd.

81 Rivington Street

London

EC2A 3AY

 

 

Hmmm! Alarm bells are ringing now--how can they suddenly increase their offer by some 52%??

 

If I was unhappy with the offer of £35.17 I was certainly less than happy with this suddenly increased offer so was still going to return the payment cheque of £35.17.

 

And now it all goes wrong!

 

Due to circumstances that I don't want to go into the cheque was destroyed.

 

I emailed postalgold that this had happened and said

Thank you for your reply but I regret to say that the increased offer is not acceptable.

Due to an incident in my house this morning, the cheque was destroyed and so cannot now be returned to you.

I hope that this will not be seen as breaking your terms and conditions and will not hinder the return of my items

 

 

Another prompt reply..

 

We do still require that the cheque be returned to us even though it has been damaged as this is the only way that we would be able to return your gold.

 

However, seeing that today is the 16th it is important to inform you that your gold can now not be returned to you as the 7 day period has lapsed. However, what we can do once you have returned the remains of the other cheque, is we can reissue another cheque for you for the higher amount.

 

We apologize that your cheque was not returned within the 7 day period for us to be able to return your gold on this occasion.

 

My reply to this was...

 

Thank you for your reply.

 

''Due to an incident in my house this morning, the cheque was destroyed and so cannot now be returned to you.''

 

Destroyed=no longer in existence.

No longer in existence makes it an impossibility to return unless you have access to a time machine.

 

''However, seeing that today is the 16th it is important to inform you that your gold can now not be returned to you as the 7 day period has lapsed.''

 

Cheque received Monday 14th September and email sent to you. Seven days from 14th September is 21st September.

Please return my gold etc. as the seven day window has not elapsed

My property was sent to you in good faith for you to make an offer--you offered and I declined on the first day of the time frame.

Please return my property to which you have no title or I will take the matter further.

Not withstanding the above, I refer you to your blurb...

 

With our 100% Satisfaction or Gold-Back Guarantee selling your gold to us has absolutely no risk for you.

 

When you send back your Gold Kit simply specify how you want us to pay you. As soon as we have evaluated your gold items we will send you the full payout.

 

Once we have issued the payout you have 7 days to decide whether you want to accept it or not.

 

If you decide that you are not happy with the payout, or if you want your items back for any other reason; simply return the payout and we will send your gold items to you immediately via secure mail.

 

This reads as..I have 7 days to make a decision from when I receive the payment--I can then return the payment to receive my goods back.

You also did not initially send me the full payout.

I await the return of my property. Failure to do so will mean that I will take the matter further.

 

-----

So advice please whilst I await their reply-- am I within my rights to request my goods to be returned.

 

Their guarantee is somewhat ambiguous in saying that you have 7 days in which to decide to accept or not, as it then also says that you have to return the cheque payment within 7 days to receive your items back.

 

They didn't send me the full payment as they increased their offer when I said I didn't want to accept the £35.17.

 

To be in the type of business that they are in they have to be squeaky clean and increasing an offer by 52% is not my idea of squeaky clean.

 

All details of their operation and their T & C's can be seen on their website.

 

Apologies for long post but it does include all the details.

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I'm not sure on what to suggest here maybe a call to Consumer Direct might be a good idea to start with ? If they can't advise, then you might have to seek a solicitor or send them a LETTER BEFORE ACTION.... - Consumer Direct

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Thanks for your post 42man,

 

I have just received an email from them and replied to it -copied below.

 

I'll give them the seven days to see if they change their tune and in the meantime I will contact consumer direct as you suggest.

 

-----

 

Thank you for your email.

 

Payment was issued on 09/09/2009. In order to return your items payment must be returned

within 7 days. The payment needed to be received in our offices on 16/09/2009. As the returned

payment was not received, the items were sent to refinery.

 

In the circumstances that you were genuinely unable to return the payment cheque, we would

expect you to contact us immediately by calling our office. Once we were aware of the specific

details concerning the destruction of the cheque, we would make a decision on how to proceed.

As we were not contacted in time on this occasion, we were unable help.

 

Our automated email response directs our customers to call our office directly concerning

returning payments.

 

We do require further information on the destruction of your cheque, and the reason you are

unable to return any part of the cheque before we can consider reissuing the payment.

 

Thank you for your reply.

I refer you once again to your advertising...

 

''As soon as we have evaluated your gold items we will send you the full payout.

Once we have issued the payout you have 7 days to decide whether you want to accept it or not.

If you decide that you are not happy with the payout, or if you want your items back for any other reason; simply return the payout and we will send your gold items to you immediately via secure mail.''

 

Giving me 7 days to decide is much different to requiring the cheque back within seven days.

You have also broken your own guarantee by not sending me the full payout in the first instance.

The fact that you issued the cheque on 9th September is different from me receiving the cheque which I did on 14th September.

I emailed you on the same day and you increased your offer by 52% by return of email, so if I was being pedantic I would then suggest that your seven day period started again from then.

Again being pedantic, your email timed at 15.58 on 9th September contained the original offer which if you followed your seven day ''rule'' would make your email timed at 10.47 on 16th September--

 

''However, seeing that today is the 16th it is important to inform you that your gold can now not be returned to you as the 7 day period has lapsed.''

 

--very erroneous as the seven day period still had some 6 hours to run.

As stated previously the cheque was destroyed and no part of it is available to send back to you. Referring to your bank will show that it has not been presented for payment.

I advise you to refer this letter to your legal department as you should consider this to be a letter before action unless you remedy within 7 days to my satisfaction.

 

Have I missed anything?

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Just spoke to Consumer Direct and got straight through to a helpful advisor who listened to my woes,agreed that there might be issues and has passed my concerns onto Trading Standards who should contact me within 5 working days.

 

I'll update as and when.

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Good, keep us posted, i'm sure there may be others who will go through a similar situation. TS may not be able to do much, but you have made an official complaint, if they do not answer it to your satisfaction, then the only way to go may be court....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Must be one of my better days today!

 

After getting straight through to an advisor at Consumer Direct I then received a phone call from Trading Standards at 5pm same day!

 

Perhaps I should enter the Euro millions tomorrow:)

 

Trading Standards wer interested in my complaint as they had only recently been talking about this and similar companies -- I've sent them copies of all the email correspondence for them to peruse.

 

Hopefully I'll hear back sometime next week.

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  • 3 weeks later...

hi, i am a jeweller who buys gold all the time. the gold teeth are usually constructed out of 14ct gold ,the metal bridge clips you describe would i think be surgical steel, i have not known it to be platinum. i was paying on the 5th oct 2009 .9ct £5.35 a gram so 14ct would be a minimum £8.33 a gram. the wires would off course be first removed to obtain a accurate weight of the gold.

 

during the course of my business i am offered gold teeth and everything that i have been offered has always been 14ct gold.

 

regards

christopher

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Don't mean to be goofy or anything...but the "Time Machine" part made me wet myself. Hands down...BEST email EVER.

:!: Any advice given is from my own personal experience and should always be backed up by a professional :!:

:lol:If my post was helpful to you, please click my scales :lol:

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Had a phone call today from my local Trading Standards who told me that they have referred it to the TS nearest to Postalgold's head office for their consideration.

 

They feel [unofficially] that Postalgold's T & C's are a little ambiguous with the 7 days to decide/7 days to return conditions so I am waiting on a decision on that before starting to shout at postalgold.

 

#postgoldonline.

 

The dental fittings which I thought might have been platinum were complete,shaped palate plates dating from c.the 1920's-30's.

 

#ocelot

 

My apologies for making a change of underwear necessary:grin:

 

#postggj

 

It's the increase in offer which really got my goat as they specifically state that what they offer is the best price,higher than a local jeweller or pawnbroker.

We all need a degree of trust in business but by making a second offer they destroyed mine with them in an instant.

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  • 3 weeks later...

Hi

 

I was just wondering if their were any updates on this middenmess, their are a few people also having a battle with Money4Gold, although different as in firstly if you are unhappy with the payout, they promptly offer double. The main concern though is we can't seem to get our gold returned at all, their terms and conditions say your Gold will be returned in 15 days, 40 days later the gold still has not be returned, Consumer Direct and trading standards have been informed.

 

So it would be interesting to hear how things are going?

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My local Trading Standards have been in touch twice,once to tell me that they have referred it to the Trading Standard's office nearest to the address that Postalgold gave as their registered address.

 

Second phonecall was to say that their officers had visited but it turned out to be the address of their accountants so it now gets referred to the TS office nearest to the new address supplied by their accountants.

 

Another week or so to wait!!

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  • 4 weeks later...

Hi everyone,

 

Just a quick note, to you or anyone else considering sending in gold for cash..GET IT VALUED first...I did and glad I did so...I sent some gold to M4G as the Ads and hype seemed to suggest that they pay the highest amount for gold, gauranteed or they will double the value?????????..

 

The value of gold as scrap varied between £360 and £380, so me , being a greedy begger, decide to send the gold to M4G, I received a cheque for £140, which was smartly sent back by regestered mail, well with the ten days, 14 days later no gold, no acknowledgement, no e-mail. so onto the phone I went and asked for my gold, they replied that it was being cleaned ready for return, Huh??? who asked them to do that??? Anyway, I mentioned how disappointed and insulted I was to receive such low price for the items, I mentioned that I'd had it valued as scrap and what the amounts were, they promtly offered me over £400, so I snapped their hands off, cheque received this morning.....

 

Don't take their valuation as gospel, they're ripping unsuspecting folk off

 

Regards

 

Ken

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Hi Boilerman

 

 

It would appear that some of these companies fail to pay the top dollar that their advertising says that they will pay.

 

Complaints need to be made.

 

I have to chase up Trading Standards/Consumer Direct to see what progress they have made with my complaint.

 

Will update as soon as I hear.

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Hi Ken Sorry had to laugh @ money4gold saying your gold was being cleaned, that is definitely a new excuse! Really pleased though you have received a cheque your happy with!

 

I had to fight tooth and nail to have my gold returned from m4g, Daily phone calls, I contacted trading standards, threatened legal action and finally sent off a complaint to BBB which seemed to do the trick.

 

I'll post a couple of links just in case anyone else is having problems with M4G and these may be of some use.

Better Business Bureau serving Los Angeles, Orange, Riverside, and San Bernardino Counties of Southern California

Have Money4Gold Stolen Your Gold? / Money Watch

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Increasing the price is common practice. These cash4gold companys all offer you a rock bottom price and up it if you decline. You gold is proberly worth twice that first offer.

I know this because I listen to a consumer clinic radio show everyday and they have had many people with the same story.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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My first offer from money4gold was £66.01, they then offered to double it, which I still refused, finally having it returned, I sent the same gold off to another reputable company and received over £220 even though the daily price had dropped since sending it to Money4Gold originally.

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  • 2 months later...

also a couple of points that might be useful, if this is not resolved. Warning - i think this is accurate for the situation presented, but further research might be a good idea.

 

A cheque is a contract in its own right which is accepted when it is presented. It is therefore, in this case an offer that has not been accepted (bills of exchange act, 18xx). Silence cannot be taken as an agreement to a contract - felthouse v bindley (18xx). I therefore think that it might be arguable that their contract fails.

 

Could deliberately low valuations be a cprs matter? Misleading omission? Tough sell, but maybe.

 

A counter offer voids a previous offer. this means that their initial offer was off the table and was not available for acceptance when they upped their offer. It would therefore seem odd that they need the cheque back. I might accept that they would want to charge you the amount it might cost them to have this cancelled though.

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I was wondering about Felthouse as well. It's not exactly the same scenario but it is largely a case of their saying "if we do not hear from you then we will take that as acceptance of our offer" which is not allowed.

 

Their terms and conditions are horrific and attempt to cover them by stating that once you send the gold it becomes their property, but it's hard to see that until they make a fixed offer that there is a contract at all, as just promising some unsepcified amount of money is too vague.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Between the longs gaps between my posts I have chased trading standards on a couple of occasions but whilst sympathetic to my situation they were very guarded in what they were prepared to tell me.

 

I pushed and asked for written confirmation from them that they had indeed advised Postalgold as to their ambiguous T & C's so that I would have some confirmation and back up as and when I issued a court claim.

 

My last call to them was a couple of weeks ago and from the 'round the houses' responses to my questions about progress I was steered towards writing directly to postalgold and asking for a settlement figure rather than letting me issue proceedings against them.

 

I decided to wait a little longer before proceeding and am pleased that I did and on reading the report today feel that this investigation will now strengthen my chance of a sensible response and settlement from them.

 

Perhaps!!!

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