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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
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    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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comet fridge freezer/problems


dickybird
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]we purchased a hotpoint fridge freezer from comet in southend-on-sea on 2/12/2011,

 

after it was delivered we let it stand for a couple of days to settle before switching it on, all seemed ok,

lights came on freezer was working away - we did a major shop to fill it ready for xmas.

 

We had to shop early as we get paid at the end of the month,

it was not until 11/01/12 that we realised the fridge was not working,

the food was going off,

we tried over the next few days to change the settings, but nothing,

the fridge was not working,

 

we called for repair on 11/01/12, and was booked in for 19/01/12,

my partner took a day off, and they did not show,

they cancelled the call due to not having the parts,

even though they have not yet seen the fridge they new apparently what was wrong.

 

After more contact, i was then told the parts would be in on 25/01,

and they would be in touch for fitting,

 

we phoned on 26/01 only to be told the parts were not in and would be arriving on 03/02,

 

Then we had a phone call to say the engineer would call on 9/02,

another day off,

at 15.20 that day we got a text apologising for the fact that they were not coming...

 

we contacted citizens advice, and have been to the store for a refund,

but the manager refused to see us and told his member of staff to tell us we had to wait for a repair,

we now have another repair date for 17/02,

 

comet have cost us more in lost wages and food than what we paid for the item,

well we are going to go all the way to court if we have to,

 

i thought i would tell comet head office first but you have to pay extortionate phone charges for the privalage

and we were informed of a ten minute wait in a queue,

 

i will post them a copy of my complaint,

i have given them fourteen days to respond,

 

comet are abismal at customer service in my opinion

 

Wish i had gone to waitrose/john lewis as i normally do,

never get problems there

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it went wrong within 28days

 

it should, under their own rules and SOGA

 

been replaced immediately.

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened, how they let you down and what you want them to do.

Send it to :-

 

Bob Darke, Managing Director

[email protected]

Some tips:- http://www.dailymail.co.uk/femail/ar...complaint.html

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is shocking Customer Service dickybird and totally unacceptable .

I certainly hope "COMET Response" reads your post .

 

Once again another example of the "Crystal Ball fault diagnosis" by COMET and as yet your Fridge Freezer has still not been examined by their engineer.

 

Failed appointments and no parts after nearly 5 weeks since you first reported the fault with your new appliance.

 

Follow dx`s advice and hope for the best you get sorted out ASAP and keep us informed .

Regards

GorgieBoy

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Well, at this moment, comet have refused to do anything,

it would appear that the service team have given a different account of what has transpired,

they said that they tried to contact us to cancel the first appointment,

but then later stated that the parts were not in????

then they said on the second attempt to repair, that the engineer could not make contact and gain entry to the house to effect a repair,

but we have a text from them saying, sorry, we are working on your repair will be in touch shortly,

 

so another day of no pay......,

depending on who you speak to...,

we are supposed to be waiting first for a thermostat...,

then a fan and sponge(yes that,s right)

and now a motor,

part of the problem is that the repair side of comet do not put down on their conversation the real truth and customer services believe their own staff,

 

i have had the reply i expected within the fourteen days i gave them, and it is not to my satisfaction, so i will get court papers tomorrow,

 

i also contacted head office and told them of these events and have not had a reply as yet from them,

although they did say it could take three days to investigate, so things could change,

 

i have, it would appear, the green light from trading standards so lets see what happens,,,,

 

thanks to you out there for your support

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filling in a pre-action protocol form today, apparently you have to give them this form filled in and a minimum of 14 days to respond, found details on"which"

 

Forget this

 

You have correspondence, you have the let downs, you have not received satisfactory resolution, you have copies of everything and notes

 

Send them a 7 day lba

 

ims

 

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well......, i have been typing up all the notes and looking at the way to go forward,.. and it seems that when i send them notification of intent to sue.., that i should also, try, and agree an out of court settlement first, as this would look good to the judge on the day.., i initially told them that i reject the item, and was not accepting any more time wasting, and wanted a refund..., well as you have read already, this was refused, as was an exchange, as was compensation..so..., where could i find middle ground..., i had had a missed call from the directors office, so, i returned the call, and they said that they wanted to come out again and repair the unit, and it was not reasonable for me not to allow this.., i said, i understand that if we want to resolve this issue, then we both need to find a settlement that would suit us both and seem fair, as a result i said" ok"..., if i allow you a third booked call , and you are unable to repair the unit, or if you dont turn up to repair it, then i want you to agree to a full refund, in writing..., she said she could not authorise that, so she had to disagree at that point..., the call was ended...and i emailed them an outline of the conversation for my records...a short time ago i recieved another call from the lady, who said that she was not able to get any agreement on this offer, but stated.. that as the engineer had not actually seen the fridge then he could not be sure of whether or not he would be carrying the right parts, and if he could not repair it he would phone his office while still on my premises and ask if the fridge could be written off based on his findings... and it would be up to the service manager to decide on a yes or no...,i said this was totally unreasonable.....( you might remember that they had stated that they did not need to see the item because they new what was wrong and the delay was in finding a part)... well, i am now satisfied i have given them opportunity in abundance, so i will bring my paperwork up to date and post it off, it might take a week but it,s being sorted

Edited by dickybird
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put some blank lines in please.........

 

dx

use the edit button

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry if my post is a little confusing......

 

i have now collected papers and booklets from the court office, and will fill those in......

.i have kept trading standards up to speed..

.it would seem as i understand it....

that it is correct procedure to outline the case to comet as to why i believe i have a fair claim for a refund,

 

to that end i have kept copies of everything that they have sent me and copies of everything i sent them,

 

if i put this all this together in order as a statement of facts then i am hopefull that comet may settle out of court..

.if not....

then these papers would also be given to the judge as the reason i am bringing this case,

it will also show that i have given comet opportunity on several occassions to resolve the issue...

which can only strengthen my case....

 

or am i wrong

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If you have not yet sent them the 7 day lba I would suggest you do so.

 

It does not need to be lengthy.

 

Along the lines of

 

"I refer to previous protracted correspondence and your failures to....blah blah. Under SOGA I now require [ENTER WHAT YOU WANT]. Should you not comply then I will issue in court without further reference to yourselves."

 

In that letter also tell them that you want to know what parts of SOGA they feel do not apply to them and why.

 

ims

 

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ok thanx, i will try that first...the only slightly grey area might be that they will say i have not let them see the freezer yet....of course my answer is....well, you stated that you did not need to see it as you knew what the problem was, and you were ordering the part

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It broke down within 28 days according to the above....you are within your rights to demand a refund or replacement.

 

They are giving you the runaround and thus are taking control of you.

 

Take the control back

 

ims

 

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  • 3 weeks later...

they wont

 

will be an 11th hour backpeddle

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dicky

 

How did you pay? If you payed by Credit Card or Visa Debt, you could have contacted your Card Provider to ask to do a Chargeback. It might still be worth contacting them, explaining fully whats happened including the 'legal action'.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

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I recieved an offer to replace the unit today, But no mention of the costs i have now incurred as a direct result of their diabolical customer service, Who in their right mind would want another item from comet? when i have been treated with such contempt, I am going to continue my court action unless they refund and compensate me for at least part of my losses

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The letter we recieved from comet with an apology attatched, And offer to exchange the unit was, it appears, sent from a different department within comet, it was nice to get a long awaited apology, However, The directors office knew nothing of this offer to us, and from their tone on the phone were more than embarrassed as i think they were going to take this case all the way, Any way i am still rejecting the offer as it has not included compensation. but i believe this letter from them proves my case anyway...i just wish they would treat me as a customer and not the enemy..watch this spot

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