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    • After reading around some more, I realise I should have mentioned I also did a Subject Access Request, however I don't think I did this correctly i.e. it was a bullet point amongst others in an email. I guess I should do this request separately and in letter form, recorded delivery? Can I also send this via email?
    • Even if the contract appears to be binding - that doesn't necessarily mean that it is all above board.   With all respect to the Which team, their advice is generally a bit luke-warm and sheltered.   Let us see the contract as well - if and when you get it.   Also even though there appears to be a contract, it doesn't mean that they will honour it and it certainly doesn't mean that they would be prepared to expose themselves in court in order to try to enforce it.    "Binding contracts" may often be useful to frighten people into pay up
    • I got the advice from the Which legal team  saying if debt collectors are chasing you for money they firstly have to prove you owe the debt or they must stop harassing you and there is a template for a "prove it" letter on the Which web site. The problem is that it might be a scam and people are saying to ignore the debt collectors, but the Photo Studio Group is a legimate company and I signed what I thought was a legally binding contract. The Which legal team want to see the contract if they send it to find out if it is legally binding. What I can't seem to find out is if these scam photo studio companies have ever actually taken anyone to court, and if so, have they been successful?
    • The issue has been resolved amicably and to the satisfaction of both parties.  Stood my ground and they agreed I was correct as I had all the paperwork to hand.
    • and who told you to enter into pointless letter tennis??  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Can I have some advice please RE: scan.co.uk warranty


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We brought a hard drive just over a year ago from scan.co.uk with a 2 year warranty.

 

It has recently failed so I sent it back.

 

They are saying that as they do not make/stock that hard drive anymore they cant/wont give a replacement and the best that they can do is give a £15 + vat refund when I paid £45ish.

 

I dont really want a refund would be happy with a replacement, is there anything I can do? Are they obliged to refund the full amount or replace the hard drive?

 

Thanks in advance

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They are not obliged to give a full refund nor can you force them to do a replacement, the amount offered however does seem lower then it should. I would argue for something like £30 inclusive of VAT (i.e assuming a HDD should last 3 years and you have had a years use of it). Though feel free to ask for a replacement, HDD prices should have come down slightly too use that for bargaining!

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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They are not obliged to give a full refund nor can you force them to do a replacement, the amount offered however does seem lower then it should. I would argue for something like £30 inclusive of VAT (i.e assuming a HDD should last 3 years and you have had a years use of it). Though feel free to ask for a replacement, HDD prices should have come down slightly too use that for bargaining!

 

I always assumed a warranty meant that if they don't have the same product in stock they will have to replace it with a similar or greater product. How wrong am I?

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warranty is bugger all to do with it

 

that is in ADDITION to your rights under SOGA

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

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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Depends on the T+C of the warranty, they dictate the terms and will usually have get out clauses. They are not worth the paper they are written on and generally should be ignored

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I'd say £15 is a bit low. If we take it as reasonable that a Hard drive should last 5 years (and a decent one most certainly should, I have drives far old than this still working fine), then at £45 that would mean £9 per year. You've only had one years usage out of it, so really should be getting around £36 or so in refund.

 

Also, Hard Drive prices have actually gone up a little in the last 1 or 2 years due to the Tsunami in the far east a little while ago. Factories that manufactured vital components of Hard Drives were destroyed or severely damaged, so shortages of parts have driven prices back up compared to what they used to be.

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  • 3 weeks later...

Hi mrsmagoo,

I recently had a 1.5Tb drive fail like you I paid £45. The drive died within 2 years of purchase. As the price of HDD's has doubled the supplier Ebuyer stated they were unable to repair the drive and they were unable to replace the drive with a similar product due to the price increase. They refunded me approx £39 the £6 loss accounted for the use I had. They also paid for collection.

 

Offering you £15 on a £45 is not correct. The drive in theory should last 6 years so offering you 33% of it's purchase price is not right. Check the drives warrant on-line too, many HDD manufactures replace the drive for you. Some drives now have 5 years (WD black) warranty apart from Seagate.

 

What make is the drive? If they try to play the cost of diagnosis card tell them to do one you only need to read the S.M.A.R.T data on the drive to see the faults that takes a minute.

 

Mr P

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