Jump to content
  • Tweets

  • Posts

    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
loopinlouie

Advice on signing delivery note

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3692 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi:) I have a fish tank comming next week and apparantly have to unpack it as best can and check for damage at the doorstep. I have one of these cold water and find then very relaxing and decided to bide time and get a tropical one on condition got a good deal.

 

Well I did thing is I have one of these and know they are well packed with poylysterene at corners etc. I have been told to check for damage and contents all there and that the driver will be prepared to wait whilst I do it.

 

Thing is I said unless totally out of packaging which you dont do untill in desired location as in upstairs, you cant see small cracks in a huge box sat in the hall way. Rang them for reassurance and they say they are looking for obvious signs of delivery damage as in dropped or hit by forklift etc, so would understand any smaller cracks might not be seen till put on stand.

 

You all know I am the queen of worry so forgive me, but would you advise on the form to cover myself checked to best of ability as in packaging and further check when unrapped properly. Does that seem over the top, they firm seem okay I just dont want to get it upstairs find a crack and then have them say it must have been done after delivery.

 

This firm sell thousands of them and I am sure as there delivery people only deliver these then should be okay, but due to checking at doorstep and its a dark hallway I have to cover myself.

 

What would you do? Its also once you loosen the packaging it makes it more difficult to safely carry to desired location, so impossible to get totally out of the huge box.

 

I think I made myself a fool as was going to cancel due to my concerns and how much I will worry, but they reassured me just to check no huge cracks. Thing is on website it clearly says check on delivery, so have to be careful I will still get help if fault is found xxx

 

And I said I was going to behave worry wise today:lol:

Share this post


Link to post
Share on other sites

It is a great deal, better one than before, pre drilled holes in tank for hoses and given free gravel, backing and even a fish net, saved over 100.00 on the cost of the prevous one. However this was delivered to my room.

 

Oh and to laugh I should maybe start to worry about the weight on the ceiling again, ha ha ha;) Made sure have home insurance in case any tank goes pop and floods the garage, been reassured this is unlikely to happen and have pump on standby in case need to get water out quickly. Should have been a scout or guide, 'be prepared' Make it sound as if a fireengine is sat outside dont I?

:) Well son would I would probably sit there panicking, shouting quickly do something knowing me xxxx

 

What I do for my fishy friends xxxx

Edited by loopinlouie

Share this post


Link to post
Share on other sites

When I've been concerned about issues like this, I have signed the delivery note and written 'not checked' next to my signature. I don't know if this accomplishes anything, but at the very least no one can claim you checked it then signed for it.


The adverts that this forum puts around my username and message are not endorsed by me.

Share this post


Link to post
Share on other sites

delivery note declarations have little effect, unless damage was or should have been obvious.

 

SOGA states you have a reasonable time to examine the goods. Of course, what is a reasonable time does depend on the nature of the product and any damage.

Share this post


Link to post
Share on other sites

Section 34 of the Sale of Goods Act applies to any contract of Sale, i.e.

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.....
"otherwise agreed" and "on request" could be tricky, while the implication is that this relates to the immediate rejection of goods.

 

However, with a consumer contract there is also this from Article 5 of the EU Directive 1999/44

 

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Section 48A of the SOGA implements that.

 

The Directive clarifies the burden of proof.

 

:cool:

 

Was it perhaps a distance contract?

 

:confused:

Share this post


Link to post
Share on other sites

Hi there, i work for city link sometimes, and there is no way that a driver would allow you to open packaging without signing for parcel first.

Also drivers are under timescales and would not wait whilst you opened and checked for damage, and if you have checked and found damage, once signed for the driver would not take parcel back.

What i find is that most customers write unchecked on the sheet, and if the package is damaged, you can either refuse or write packaging damaged and unchecked.

Hope this helps.LFB

Share this post


Link to post
Share on other sites

Thanks for all the comments xx

 

Thats what concerned me the firm says you will be given time to check the contents all there etc and for damage whilst the courier waits and Ive yet to come accross a courier with the time to do that.

 

The courier apparantly wont help to carry it over the threshold into the hallway, so I think it would be unreasonable to unbox etc and check goods on the driveway especially as glass. Once packaging undone the packaging is weekend for carrying it anywhere else, these things weigh a tonne;) Will open top just in case for a quick shufty

 

So will calm down and unless it arrives in peices:D Check it more thoroughly once in placement knowing soga protects me, thanks again xx

Edited by loopinlouie

Share this post


Link to post
Share on other sites

If the glass tank arrives flatpack, I will know to be suspcious:razz::D

Share this post


Link to post
Share on other sites

I am worrying too much and after what happned recently with the scare, I have decided to cancel it and asked them under the distance selling regulations to refund me.

 

The thing is the other tank I have was delivered to the room by two men and boy did they suffer for the weight of it. Now I could get help to lift if from hallway to upstairs at later date, but the idea of one man only delivery has made me think, they must expect us to collect it from the van and carry it in also. I know they say to kerbside but the woman said doorstep and unless he is superman I dont think it will arrive in one peice.

 

Dont know whats wrong with me lately, too many rash descisions. Just think cant cope with it at the moment, so best to cancel.

 

Anyhow back on track on distance selling they have to refund me whithin reasonable time I would think, I did say I wished to cancel on friday and the woman did her best to reassure me not to and all would be okay, lovely woman but one man to lift a huge tank.;)

 

Emailed them of request to cancel their site says they have to authorise requests, so hope no trouble in doing so, sorry shop xx I am okay asking for refund prior to delivery I would think.

Edited by loopinlouie

Share this post


Link to post
Share on other sites

Emailed them of request to cancel their site says they have to authorise requests, so hope no trouble in doing so, sorry shop xx I am okay asking for refund prior to delivery I would think.

 

:eek:

 

Really?

 

The consumer does not request a cancellation. "The consumer gives a notice of cancellation to the supplier" that the contract is cancelled, as per section 10 of the Regulations.

 

The Statute authorises the cancellation of a distance contract, not the supplier.

 

The word they need is "acknowledge".

 

:!:

Share this post


Link to post
Share on other sites

Hi, company kindly called me back though havnt confirmed by email as requested, but I dont think that matters. They tried to reassure me one man could carefully deliver it to the door, via tail lift and another devise which carries it to the door, trolley I think. I said I still had concerns due to glass that it could get damaged unless carried off lorry by two men to door. They said they would ring my local deppo to confirm, but I kindly asked for a refund adn thanked them for their time and said it was a good deal, but I would be too upset if arrived damamged and would prefer to use firm with two men delivery.

 

This tank is huge remember:eek: and of course glass. I am sure they deliver thousands safely and they were lovely and I suppose for such a saving compared to other firms it has to be made somewhere to be fair on them. I just think I will have to wait till can get local firm to deliver another one when saved for it, so never mind.

 

Should get money back in a few days apparantly xx

 

I think when next time asked for my profession, I should say executive worrier, because thats all I seem to to, think need to go back on anxiety pills:D

Share this post


Link to post
Share on other sites

ps. They did say once I had signed the delivery notice the liability passes to me and as a poster said he would not let a person open the box till signed for I think I did the right thing.

Share this post


Link to post
Share on other sites
They did say once I had signed the delivery notice the liability passes to me

 

Not true.

Share this post


Link to post
Share on other sites

Thats what I thought kracken, so incase of anyproblems and having to argue it wasnt my fault, I thought best to cancel. Its a little contradictory to say we are looking for obvious transport damage and smaller cracks we will understand cant be found till fill with water, but that the liability is mine according to them. I would have worried there was a potential battle if any problems, so not worth the potential hastle.

Share this post


Link to post
Share on other sites

Refund already received back in account, couldnt be more prompt if they tried:D Shame about the tank but have found it elsewhere ten pounds cheaper till friday and two men delivery, so alls well that ends well:D

 

If ever replace my birdies cage though, would use them xx

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...