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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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knock knock....hello:oops: errrm could we have more time before logging on again? just 10mins or so.....sorry....exits door!:-|

 

And also, well.....what about a gallery so that we can share our ugly mugs???:)

 

Wxx

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I'm not sure what you mean.

 

Are you saying the forum logs you out after 10 mins?

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Hi Dave,

 

I haven't actually timed how long you stay logged on whilst not active before it automatically logs you off, but I suppose it's about 10 minutes or so. It just seems a little too short, I know it's a security measure but an extra 10 mins would save a bit a bother but if it's not possible then never mind!:oops:

 

The other point was a gallery, somewhere where we could display personal piccies.......errrrrm not too personal though lol. we have one on the Kate Bush forum and it's just a good way to get to know people a bit better, put a face to the name so to speak...if you wish anyway. But not just that, people could use it as a reference board, 'see the scanned copy of....' in the gallery under my user name. I dunno, just a thought!

 

Wxx

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You could always start a thread in the Bear Garden and upload pics there.

 

;-)

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I don't know then:confused: is it just me that it happens to? Like I said, I just assumed it was for security reasons and it happened to all members. maybe it's different for mods, admin and site helpers?

 

Wxx

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I only ever get logged out when I turn my PC off. How bizarre for you!

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Hi Dave,

 

I haven't actually timed how long you stay logged on whilst not active before it automatically logs you off, but I suppose it's about 10 minutes or so. It just seems a little too short, I know it's a security measure but an extra 10 mins would save a bit a bother but if it's not possible then never mind!:oops:

 

The other point was a gallery, somewhere where we could display personal piccies.......errrrrm not too personal though lol. we have one on the Kate Bush forum and it's just a good way to get to know people a bit better, put a face to the name so to speak...if you wish anyway. But not just that, people could use it as a reference board, 'see the scanned copy of....' in the gallery under my user name. I dunno, just a thought!

Wxx

 

No it's not just you, so don't let them make you feel paranoid it happens to me as well!!

Not sure about the gallery thing...from the anonymity perspective. Anyway what makes you think we're not using our actual photos?

;) Boobaby

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Please note that advice given is purely my opinion and should be treated as such.

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HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

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LMAO!!!!:lol: well, Boobaby you're sooo cute! and well, come to think of it....mine does bear some resemblance to me.....at times anyway:rolleyes:

 

Wxx

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This is the only pc I use so i definately registered on it. Oh hum, I dunno! maybe there's something we can do in our CP? Why does it do it to some and not others?

 

Wxx

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Hi does anyone know how to not get logged on automatically cos I used to sign in whenever I went into the site but my daughter has joined from the same computer & she ticked the "remember me" box & now it goes straight into her name & I can't log on ??????

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Hi does anyone know how to not get logged on automatically cos I used to sign in whenever I went into the site but my daughter has joined from the same computer & she ticked the "remember me" box & now it goes straight into her name & I can't log on ??????

 

Top right of the blue bar says Log Out :D

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  • 3 weeks later...

sorry to digress BUT needed to clarify.....theres a Kate Bush Forum??!

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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i promise i wasnt taking the mickey. For the record I think shes fab (i love to shout along to wuthering heights song :D )

 

I was just suprised there could be a forum dedicated to a singer is all. Will have to look in to see what goes on in a KB forum. Thanks for the invite :)

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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