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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  
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My son has been trying to establish a small business which has been 'up and down'

 

He has a business bank account that has no overdraft facilities and thats because he has a poor credit history.

 

He has just told me that he has been charged over £2k in bank charges for unpaid cheques over a 3 month period . Each cheque was presented twice and he was charged £35 each time.

 

Now I know he was stupid for continuing to write cheques if he couldnt cover them but hes a bit of a Mr. Micawber and always lives in hope of something turning up !

 

He is really struggling and has a new baby daughter.

 

Is there any chance of trying to get any of this huge amount of money back?

 

I have no experience of reclaiming charges but have experience of fighting DCAs so wish to help him if I can.

 

I have told him that if he manages to get the charges back the bank may close his account [ is that true ? ] and he is prepared for that.

 

The way the business is going he may not need the account anyway .

 

Any advice gratefully received

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Hi SB.

First of all,it would be great to have some more info.

1.Which bank is it ?

 

2.When was the account opened ?

 

3.Is there an agreed overdraft on the account ?

 

Please let us know so we can advise further.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin

 

Thank you for replying

 

Its Nat West.

 

It was opened this year .

 

There is no agreed O/D . he has asked for an O/D a few times but because his credit history is poor they refused.

 

Please ask if you need more info

 

Thanks

SB

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Thank you sorry yes you did say no overdraft in opening post.

So theres 2k charges over 3 months for unpaid cheques-what about unpaid direct debits and standing orders has there been any of those too ?

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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SB - do warn him that they may decide to close the account. Lloyds have just done that to me for having 8 unpaid items since April :(

 

Of course, at £35 a time, us lesser mortals think it would make sense for them to keep our a/c's open but since when have we ever seen evidence of a bank acting sensibly :lol:

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They cannot close his account for seeking charges to be refunded.

The FSA and OFT have issued stern warnings for this.

In fact some CAG members have been awarded compensation for it.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you sorry yes you did say no overdraft in opening post.

So theres 2k charges over 3 months for unpaid cheques-what about unpaid direct debits and standing orders has there been any of those too ?

 

 

Hi Martin

 

They are all unpaid chqs.

 

Did you get my message ?

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Yes will be back to you soon-I am checking something out first.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

Ok has there been any further action by the bank on this ?

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for moving my thread Steven.

 

I am in battle with Student Loan Co. at the mo and trying to get 2 x kids off to uni this week with no funds in place ...total nightmare

 

Hope to be around and post a bit more soon.

 

I definitely need some help with my older sons Nat West business account mess .

 

Thanks again

 

SB

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  • 2 months later...

I am getting ready to try to address my sons business account problems now.

 

His business has failed and closed down . He has minimal income , a partner and a 6 month baby.

 

He had no overdraft facility on the account so the unauthorised OD is totally made up of charges on charges and default interest.

 

The deficit stands at somewhere around £3500 and rising.

 

The bounced cheques that he wrote were all allowed to be presented twice at a charge of £ 35 each time so £ 70 per cheque in charges and then unauthorised OD charges on top.

 

I know he was a fool for issuing cheques when he had no funds but he was always hoping things would improve. Alas they haven't.

 

So where do I start? and does the recent OFT loss have any bearing?

 

Thanks for any help

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The OFT case could not be more irrelevant :)

 

The first thing to do is to get all the papaerwork together and to produce a schedule of charges as for any other bank charge claim.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I don't think you can do a SAR for a business account as the DPA only applies to individuals. Write and ask the bank for any statements you can't find but you may have to pay for them

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Yes you can do a SAR Steven if the statements were addressed to individuals.I have done 2 SARs to Barclays.

Even if it was a partnership.

Barclays would send bank comms to home address of both partners.

Banks do this to cover themselves to recover liability.

Only very big concerns are treated as companies.

SB ask son to check comms and anything he got from bank to verify this point.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Subbing to your thread SB cos I won't be far behind you, claiming on my old T/A account before going Ltd then having LTSB closing Ltd account & putting us out of business :(

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Yes you can do a SAR Steven if the statements were addressed to individuals.I have done 2 SARs to Barclays.

Even if it was a partnership.

Barclays would send bank comms to home address of both partners.

Banks do this to cover themselves to recover liability.

Only very big concerns are treated as companies.

SB ask son to check comms and anything he got from bank to verify this point.

 

Hi Martin

 

I have seen some of the statements and they are just in my sons name and then the business name

as in

 

Mr A ...

So and so business

 

I think he also has some communication like this

 

Mr A ...

T/as So and so business

 

What do you think ?

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Yes is the same as mine I would say that its personal data since its addressed to him.I have only heard of a refusal for a SAR from a limited company request.

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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THanks - you learn something new every day :)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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