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    • That’s brilliant thanks for all the info, enjoy your evening.   Yeah, that makes a lot of sense about the F&F, definitely something worth considering to lower the amount of communications to deal with.   It’s good to know that newer debts can also be missing the documents needed, sounds more hopeful.   Thank you    
    • You are receiving what you bargained for / accepted, for both contracts (site access & tent). Did you book the tent for 4 nights, knowing you could only use 3. if the tent had been available for 3 nights only: you could have contracted for that. if it wasn’t, and your choice was “pay for 4 nights, get 3 nights use” or “don’t book” - you made your choice, and agreed a contract.   They are now offering others more, but provided you are receiving what you contracted for and no less, you don’t have a cause of action.   If you might get the extra tent night free, but only if you pay the access fee : you are still no worse off!   if you want to get “more value” from the tent contract : consider paying the site’s early access fee. If you choose not to you’ll still get what you originally contracted for so aren’t actually worse off, even if you feel slighted.
    • Hi,    I'm not sure if this is the correct forum for the following, and am looking for a general consensus or thoughts on whether i have cause to take action or not?  It's long winded but I've tried to be as concise as possible with the facts of the matter.    We booked a festival ticket for an event running from Friday to Monday, in addition we booked via a separate 3rd party company a luxury tent in that companies camp site within the festival. This was at a considerable cost.    Sometime after the purchase of the festival ticket, the organisers announced acts for the Thursday night and an early entry ticket for that night at a reduced cost.     We are not in a position to purchase an early access ticket, as we're unable to change our plans.  On the festival forum those who had purchased an early access ticket for Thursday entry questioned whether they would be able to have an extra night in the luxury tents, otherwise what would they do? The festival organisers said they would be able to. However when we queried the 3rd party they explicitly stated their site was not available on Thursday and would only be open Friday to Monday.  A number of other people reported the same response.   It was on that understanding that we did not actively try to make arrangements that would have allowed us to purchase an early access ticket.    Then all of a sudden the 3rd party changed its position and an email was received to say anyone booked into the 3rd party site would have a free night on Thursday if they had paid the festival organisers the small amount for the early access ticket.    It doesn't seem at all fair some can benefit from this, and some cannot, and I've no problem with anyone who does benefit.    I've messaged the 3rd party and they maintain the terms and conditions haven't changed, they've just added an extra free night that anyone with an early access ticket can take advantage of. This was not the case at the point of sale, because if it was we would have made arrangements to take advantage, instead we were only made aware after they changed their minds to permit this, and we're now not in a position to benefit.    I believe the terms and conditions have changed, and as a consequence I'm paying for a 4 night luxury Tent, and only receiving 3 nights.     I believe it is reasonable to receive either a refund for one night based on the cost now covering 4 nights, or a free night, and a refund of the cost of one night based on the original total of the 3 night contract.    Am i right or being stupid?   Thank you. 
    • Scotland - I know there are some differences when compared with England around statute barred, there may be others I'm not aware of so hopefully someone else is keeping and eye and will correct anything that is said.   I've plans this evening with the fam, so this may be rushed and I might miss something. Given you have so many accounts in different stages, it will be difficult to dig into each individually but the same will apply for all and we will get there   Priority debts are essentially anything that keeps a roof over your head. Anything consumer credit (CC, loan, store cards etc) are NOT priority debts.   Yes, that's what I meant, but really I just mean you will have choices with some saved in the bank. It makes sense on smaller accounts that you offer F&F to clear them IF they aren't already defaulted as it will just lower the amount of communications you will start getting - BUT defaulted debts will show on your credit record and affect you whether you pay them off or not, 6 years from the default, then they will disappear (could be 5 in Scotland, not sure)   You're quite correct that the older the debt, the more likely the paperwork is missing, but some of mine were very new (2020/21 also) and they couldn't provide the documentation..   Lets start here:   -  lower the pro rata on all to £1 (don't provide any income & expenditure info) -  CCA Request to each company that has bought the debt from OC (the last letter from OC will state they've been sold to xxxx) -  get access to credit file -  Forget your morals, they have none   For those debts already showing in default on your credit file and have been sold, you can stop paying entirely until you receive a complete CCA from them   I'll be back later   BT
    • Just a question out of curiosity. What will happen when the 6 years pass since all this began. By this I mean my moving out of the property and all that has followed? From what I can remember I definitely moved out either May or Jun 2016, as my dob is May and I moved out soon after celebrating it. So what will happen when 6 years pass, could someone please explain? Thank you 😊   
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Item not as described, Not happy with response should i take it to Court?


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I bought a mobile phone from CEX (Complete Entertainment Xchange) 2 and a half weeks ago, It was a Vodafone A Grade which is described as being in as new/mint condition.

 

I had a quick look at the phone instore but it was covered in fingerprints, I bought it but when i got home on wiped the fingerprints off i noticed loads of marks on the screen that look like they are under the screen, It was nowhere near in mint condition.

 

I emailed them the next day and sent several other emails, Most of them were not answered and the ones that were wasn't satisfactory.

 

I decided to send them a letter via recorded delivery and i have only just received a response today via email saying:-

 

"I would like to thank you for your recent letter, and I would like to apologise for the delay in response.

 

We contacted the store in regards to the course of action we will take, and they have stated that if you can return to the store with the item and receipt, they will test the item. Should they be able to confirm what you have stated, they will be able to offer a refund.

 

I apologise again for this issue, and the delay in response,

 

Kindest regards".

 

I'm not happy with that response, Where should i go from here.

 

Thanks.

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Why did you not just take it back the next day and demand a refund?

 

Because i've been told what they are like in there and didn't want loads of hassle and to be fobbed off so i wanted assurances from Head Office first before taking it back into the shop which i think is fair enough, I emailed them within 24 hours of purchasing it.

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What exactly arent you happy with in their response? They are offering a refund (after checking the item) - I dont see what else you could want?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What exactly arent you happy with in their response? They are offering a refund (after checking the item) - I dont see what else you could want?

 

But why would they need to "TEST" the item, It isn't as described condition wise, It's nothing to do with the working of the phone, I know about this company, I'll take it back to the shop and they will either refuse a refund or try and make me do an exchange or offer a credit note, I've seen their policies.

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You cant just reject what they state based upon previous preconceptions.

 

Test was probably the wrong word, but clearly they are entitled to ascertain that the item is in the condition you have described.

 

You need to take this into store, see what happens, and if you do not get the resolution you are after, THEN worry about the next stage.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It is perfectly reasonable for the store to examine the item in order to ascertain its condition.

 

As MrShed said, take it back and allow them to take a look. Take it from there.

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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Ok, so you are unhappy because it has finger prints on the inside. Take it back, show them and ask for your refund.

 

It's much worse than fingerprints, It's like bubble marks underneath the screen.

 

Their policies state:-

 

If you bring back an item within 48 hours you can exchange the item.

 

I know they don't give refunds.

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They cannot say 'we don't do refunds'. Goods which do not match the description will be contrary to S.13 of the Sale of Goods Act 1979. They cannot restrict or exclude this requirement as it would contravene S.6 of the Unfair Contract Terms Act 1977. Check these statutes out on the OPSI website. I also believe (though check with citizens advice) that S.48A of SOGA also applies to used goods. This places the burden of proof on the seller for the first 6 months from purchase and they must show it was fine when they sold it to you and you need do nothing. They have to prove it but please check that this applies to used goods before wading into battle. They must repair, replace or refund the item and according to the consumer direct website, if you notify them quickly (which it sounds like you have) you can insist on a refund or replacement. Hope this helps.

LL.B (Hons) - University of Derby

 

'real world' legal and retail experience too

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