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    • but the other debts are part of this big picture and its eventual solution a rough idea will help.   if if if they ever get another powerless repo/dca involved, they will tell you well in advance.   help us please
    • to do what they are powerless...   you like 10'00'000 of other s jump because a dca says this or that a DCA is not a bailiff and has zero legal powers on any debt no matter what its type.   another one of your issues is following stupid freeman of the land twaddle. very dangerous.don't   moorcroft dont by debts they only act for clients.   as long as you don't run from debt and insure the debt owners or 'the client' has from you a letter which states your correct and current address or you did so to the Original creditor before any sale or your haven't moved since taking 'the credit' out you are safe from backdoor CCJ's to an old address.   sit on your hands and see if the owner of the debt want to issue a letter of claim. if they do  you return here   A CCJ - which is the only tool they have - because just like us joe public, its the only thing we can legally do if we claim someone owes us money - they have no more powers that you or me
    • That is why I (specifically) said "the lender".
    • eeeh i see ... I just really need a little help, that's why I am here. Being funny does not mean that I am a troll or something and English is not my native language. I just don`t know what to do next, that`s all
    • Just to be clear the dca doesnt decide where a debt shows the oc does that upon their backdoor sign ups with contractors.   lets await the sars    
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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/
      • 49 replies

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Hello,

 

What happens when a customer knows an item is faulty, sends it back and the retailer claims that it works perfectly?

 

I bought PC components off Aria on 25.11.2011 including a power supply. The power supply was faulty and kept making my system shutdown, so I went through the RMA procedure and they received it from me on 09.12.2011.

 

They sent me an email saying that they apparently tested it for several hours and there were no faults found, and that I would have to pay them a fee to send it back to me.

 

I replied saying that despite what they claim of its performance on their test bed, it did not work in my system. I also said that I had to buy a replacement power supply from a shop because I needed my computer operational this month, and that with the replacement power supply and no other changes made my system worked fine, confirming that it was indeed the power supply that was faulty. I quoted this from their terms and conditions:

 

"If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:

A full Refund, If this is within 28 days. After this time a replacement product or credit note (to the value of the replacement) will be offered"

 

I said that as I had returned it within 28 days I would like them to give me a full refund as I am entitled to according to their own terms and conditions and consumer law, and that if I did not get a favourable response I would report them to trading standards and take them to county court.

 

I received a response from them acknowledging their terms and conditions concerning the 28 days refund but again insisting that there was nothing wrong with the item, and that THEY had to find it to be faulty during their testing for me to be refunded. He also suggested that I must have chosen a power supply which was not compatible with my system which is absolute nonsense, as both power supplies had the same connectors that I needed and that the faulty one I bought off Aria was actually rated 50W higher than the working replacement.

 

I want to go ahead with the letter on recorded delivery and take them to the small claims court, but as I had no idea it would come to this I did not think to record evidence of it making my computer shutdown.

 

What can I do in this situation where it's my word against theirs?

 

Would be grateful for some advice.

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  • 2 weeks later...

You have threatened to take them to court so now you need to see it through. Start by writing your 7 day letter and see if that jogs them into action. If not, start proceedings using the small claims track. They may well settle up rather than waste time going to court.

 

You can get fulls details of how to start a claim from the direct gov website

 

Good luck!

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