I emailed Creation to confirm they have the LBA yesterday. "I sent you a Letter Before Action over 14 days ago. I can see no reply by post or by email. The next step is for me to issue court proceedings. Unless you confirm that a response to the LBA has been sent by 16:50 tomorrow I will be issuing court proceedings at that time. A copy of this email will be provided to the court in respect of costs." Today I received this. "Thank you for your email, please accept my apologies for the delay in replying. We have received your Letter Before Action and we have no further comment to make at this stage. Kind regards" As such I have issued a claim against them for damages for breach of contract and misrepresentation. I cannot quite understand why they would accept getting and LBA and be so blase about ignoring it!
Quite clearly he doesn't want the car back otherwise he would have picked it up by now, and with all due respect you clearly haven't read the link I posted earlier. I notified him within the 14 day period, in fact some 3 days after the car had been delivered and 2 days after me actually seeing the car/invoice etc so within plenty of time. I have been fully aware of my rights since the start and I am not about to just send him the car back, just because. In any event, he has been less than accommodating to his responsibilities to provide me with a suitable resolution, of which I have said since the 3rd day after delivery of the vehicle, and no I didn't have to give a reason, however, there are many which I told him on the 3rd day after delivery. He has thus far not complied, which takes me to where I am now.
I think Bankfodder is right but, to make things easier for yourself... have you made it clear to Dell from the outset that you are dealing with them as a consumer, and are you sure that they are aware of that? I ask because it's like buying stuff from "Trade only" outlets. You get a better deal if you are a trade purchaser rather than a bog-standard consumer. You seem to have got what you consider to be a very good price deal from Dell, and I'm wondering whether that's because they are under the mistaken impression that you qualify for a package that is only available to business purchasers. If you start trying to assert any consumer rights, you might find that they say they were mistaken in making the offer to you in the first place and withdraw it. You then find yourself arguing over that too.
@curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
@skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
Jennyripper1974 posted a post in a topic,I’m in desperate need of help
I bought some clothes online in may through Evans and paid through PayPal
returned them all seven days later
I waited the 14days for my refund and no refund came
I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it.
evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
I contacted PayPal
they said the dispute had been closed but Evans at no point had attempted a refund.
fast forward to today
I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
I’ve also contacted their customer service too
all I get is PayPal have cancelled refund because dispute is still open.
I have proved that the dispute is closed
I have got an email saying that if Evans sent the refund they would accept it
but up until the date I got the email they have not once attempted a refund .
I have sent them a letter before court email
I have even offered to have the full refund as a gift card just to get this sorted !
I’m literally at the end of my tether and don’t know where to turn next !
i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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