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    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
    • i've known 10yrs of DD's to be refunded. the company must prove a valid contract for the period. no proof the DD's all get refunded   dx  
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Turnaround

Professional diligence

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Its nice to be able to contribute again.

 

Just a thought, like many others offering help on this forum I have advised serving a CCA request to determine a bench mark for their liability to the alleged debt. The replies received from the DCA’s vary considerably but in the main circumnavigate their responsibilities to the customer.

 

Recently, I have found that if you question their "Professional Diligence" under the Consumer Protection from Unfair Trading Regulations 2007, then they back off very quickly.

 

 

 

Key terms used in the act

  • "Professional diligence" means the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader's field of activity.
  • "To materially distort the economic behaviour of consumers" means using a commercial practice to appreciably impair the consumer's ability to make an informed decision, thereby causing the consumer to take a transactional decision that he would not have taken.

I hope readers find this approach useful. ;)

 

Regards……Turnaround

Edited by Turnaround
typo

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A furher tool for the stance against DCA's

 

 

:)

 

 

dk


:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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All DCA’s chance their luck, in the belief that either you do not know your rights or how the DCA should behave. This site has always been a light at the end of the tunnel.

 

It has been common place for DCA’s to confuse and manipulate people with their interpretation of the various codes and acts that determine how the industry operates. And invariably, some people submit to the unfair pressure or confusion presented by their underhanded methods. They assume, wrongly, that the DCA is acting within the law, when in fact they are coercing you into making payments, on a debt that might not be yours, and refusing to provide the supporting evidence they legally require to pursue the debt.

 

Just let them dig a hole, as they all do, and then hit them.

They then can’t defend their actions…….Result.

 

Regards.....Turnaround

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Hi All!

 

Turnaround,

 

Very interesting angle to use in tackling these DCAs.

 

Currently I have one DCA who bought a debt from a creditor(which I successfully sued for missold PPI) which was included in the balance the DCA purchased.

 

The DCA has no paperwork and brought around a field rep unnannounced to my home very recently.

 

Prior to this,I was receiving calls and told them that I could not speak to them and I just switched off the mobile ignoring them.

 

They would also leave voice messages every couple of days.

I have got to the point where I think I should "kick some a**!" and will certainly consider using the "Professional Deligence" that you have mentioned.

 

On a seperate note,I am also considering to sue them for harrassment too.

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If you have kept a diary of events, go visit your local Police station and file a complaint of harassment, don't let them fob you off with 'it's a civil matter' it's not it's most certainly a criminal offence


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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