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    • Sweatband.com like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remain that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really want to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
    • Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 
    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Abbey and other questions ** WON **


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So how does this sound for the relevant text in the prelim letter?

 

I require full repayment of these charges, which I calculate at £xxx plus interest of £xxx I have calculated the interest by using your authorized overdraft rate of 16.9% in the understanding that there is an implied principle of “mutuality” and “reciprocity” in the contract. I believe that I would be entitled to claim interest at your unauthorized overdraft rate but as a gesture of goodwill I will not be pursuing this avenue. The total is £xxxx

 

 

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Sounds OK to me, comes across as being reasonable.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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  • 2 weeks later...

Hello again,

 

So, prelim letter sent, 10 days elapse and yesterday the stock letter from Marc Winder arrives that goes "sorry that you 've been so unhappy that you felt you must complain......we will write to you in four weeks to let you know what is happening"

Standard fob-off part 2, as it's probably called somewhere.

My initial two week period from the prelim expires on Friday so I'm going to wait until then to see if anything else turns up then send my LBA. Sticking to my timetable and not theirs...

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Exactly right!

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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On my way to post my LBA this morning, I found a letter from Abbey offering me a GOGW payment of £170 (against a claim of £1800) couched in the standard language familiar to a lot on this forum. This GOGW has yet to be credited to my account.

Just to check, my next move is to amend my LBA stating that I acept the GOGW as partial refund only (once it's actually been credited to my account) and if they haven't refunded the balance within 14 days of the LBA i'll proceed with action without further notice. I'll obviously amend my schedule of charges too, but as I'm claiming the contractual rate of interest can i just deduct the GOGW from the total at the bottom of the schedule?

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Can anyone confirm that my next move is the right one please? While I think about it, the letter from Abbey also states that "we are unable to remove or alter the information that is held (on my credit reference). However, when the outstanding balance is pais in full, although the default will remain, it will then be marked as satisfied". Is this correct or should I also include a paragraph to the effect that if the charges are found to be unlawful then any default notice relating specifically to them is also unlawful by implication and repeat my request for their removal?

Thanks

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  • 2 weeks later...

Yesterday I received a response to my LBA. It states that their offer (which I accepted as partial only) is final and that all charges incurred were correct and in line with the accounts' t&c's.

It also re-states that they are unable to remove or alter any information entered on my credit record, but points out that defaults are marked as satisfied once paid in full.

 

Or, to put it another way; Blah blah blah

 

The deadline I gave them expires on Wednesday, so my next step is to fill in the N1 form and deliver it to Brighton small claims court next week. Plenty of reading up to be done before then, methinks

 

Any thoughts?

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Thanks Karnevil. Am I right in thinking that if I want a cheque instead of credit to my account I should say this now? (If I'm too late, it's not a problem at all). Also, there is nothing mentiond on the N1 template regarding default notices and the removal thereof - if the bank settles before the court case, how do I pursue compliance of removal?

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CAN ANYONE HELP!!!

 

Ive received, over the last three months, varying forms of bank statements from abbey. before writing and asking them to remove whatever info they have from microfiche and send it to me they sent me two years worth of charges and dates incurred instead of just sending me statements.these charges came to around £2000. after my final request for the remaining microfiche statements I promptly received transactions from the year 2000 onwards. They included transactions from the two years they had already sent me and according to the new transaction records they sent I hadn't received any charges in these two years!! what is going on!! I even checked the dates from the first charges list saying i got charged on the 14th may 2005 but then in these recent microfiche statements there is nothing at all reflecting these charges on this date or any time during that month or the next!!! so basically the final microfiche statements look as if they dont have all the charges that should be there. why is this and what should i ask for?? Maybe a list of charges and interest like the first lot of paperwork they sent me?

 

Sorry to sound confused but I did not expect this!

would appreciate help very much.

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I've been looking at the N1 form and I have a few questions. Since I'm claiming at the contractual rate of interest, how do I show that in the value section? Is it ok to just say £xxx inc interest at 16.9%? I've included in the particulars the sentence used by alanfromderby at the end. Given that has the get-out clause about s.69 interest, do I have to show what 8% interest would be on my schedule of charges as well as 16.9%? Would "claimant claims repayment of bank charges believed to be unlawful" be a suitable brief description for p1 of the N1?

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Hi, I haven't yet submitted my N1 as I wanty to get it right and it seems that by claiming contractual interest, I need to be careful with my value wordings. The bit about CI in the particulars is fine but...

I received a GOGW of £170 at the LBA stage. I've put this down on my schedule as a miscellaneous credit to the total as no specifics were given as to which charges they were refunding. How do I reflect this onm the the N1? And do i also need to include a column showing 8% s69 interest for the eventuality that mty contractual interest claim is denied by the court?

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Hi, Can anyone tell me if I include the contractual interest amount in the Value section of the N1 or just the amount of the charges. Contractual interest has been a part of my prelim and LBA. Submitting tomorrow so please help

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Hi, Can anyone tell me if I include the contractual interest amount in the Value section of the N1 or just the amount of the charges. Contractual interest has been a part of my prelim and LBA. Submitting tomorrow so please help

 

hi rob, I have replied to your question in the other thread here http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest-28.html#post361009

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  • 2 weeks later...

Hi, Just to keep you all updated, I received my Notice of Issue from the court this week. Abbey have until Dec 1st to file a defence.

 

Time to play the waiting game... or Hungry Hungry Hippos which may be more fun

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Hi,

Ive just signed up to this forum today.

I must say you are one of the lucky ones!!!!

I sent my dpa letter to the Abbey on the 20th october.

I recieved my 14 months statements within a week but have been waiting ever since to recieve the archived ones.

Yesterday and today i have been given 6 different numbers to call only to be sent back to the complaints department.

Ok they have another 5 days to send these statements out but when you lodge a complaint they just explain that it will come in due course.

Have been promised a reply from complaints within 48 hrs!!!!!!!!!!!!

GET MORE STAFF ABBEY BECAUSE THIS IS NOT GOING TO STOP!!!

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  • 2 weeks later...

And true to form on the last day they have, Abbey have filed an acknowledgement of claim. They now have till 15th Dec to file a defence, minimising my chances of getting this cleared up before Christmas. Still, Pringles do a decent Turkey and Stuffing flavour don't they?

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Yesterday I received a response to my LBA. It states that their offer (which I accepted as partial only) is final and that all charges incurred were correct and in line with the accounts' t&c's.

It also re-states that they are unable to remove or alter any information entered on my credit record, but points out that defaults are marked as satisfied once paid in full.

 

Or, to put it another way; Blah blah blah

 

that absolutely cracked me up!

How big is your claim? they might just settle before the 15th December, and that will be their defence (but er guv, yer honour, we've already paid up). I think from all the threass I've read that happens quite often with crabbey shabbey abbey.

good luck

 

(ps ... I hear you can get christmas pudding flavour kit kats, you can have that after your pringles? ;):D ?

Apple x

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hey rob, my claim was for approx £1,200 and they've only just settled (two days before court case and one day before the judge's deadline was up for them to provide a full breakdown of the charges). really sorry to be the bearer of bad news but i think you can expect them to drag it out - on the positive side it means you're accruing more interest each day for them to give you!

missphant :razz::D

 

claim commenced 05.06.06

court hearing on 08.12.06

abbey settled in full before the hearing...yippee :cool:

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thanks misphant. I'm expecting them to drag it out as long as they can to be honest. optimism occasionally shines through but realism then turns up and gives it a kicking each time. But yes, you're right on the interest thing and i know i've followed the steps correctly so it'll turn up eventually

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