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    • which company are you dealing with?   they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee. your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills. after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.          
    • You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that. However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR    
    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
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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.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • 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.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      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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Is furniture shops allowed to ask banking fees on returned goods? - South Africa


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Good Day

 

I hope you can give me some advise on my problem!

 

We bought a Lounge Suite on 25 Jan 2013 from Furn-4-U. After they offloaded the goods and we unwrapped it we realise that it was damaged. The material was damaged on each couch. It look like they have put screws in after they have put the material on. The next day we went back and asked if we can return the set and get a refund. The sales lady said it wont be a problem we just have to take the set back to the store rooms and come back on Monday because the lady doing refunds does not work on weekends. On Monday i went back then the manager told me i must pay a amount of R450-00 (which is also 10% of the amount we payed for the lounge suite) banking fees because it is not his problem the furniture is damaged. He want us to pay for his suppliers mistakes. Is he allowed to charge me any fees? We still haven't received our money back.

Thank You

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He has no right to charge you fees whatsoever.

 

If the goods were faulty you have the right to reject and receive a full refund. If he wants to talk fees that must be with his supplier not you as his customer.

 

Personally I'd ask once more and then write a lba giving him 7 days.

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Hi - a big welcome to the CAG forum.

We are really a UK site but I'm sure that for your situation is the same for you in South Africa - because there is a strong influence from UK law.

 

The goods were supplied in damaged state. This means that the supplier is completely responsible for them and for all expenses incurred as a result including the cost of returning the goods and any associated charges.

 

You have been doing it all on the phone so far. That's fine - but remember that you don't have any evidence of what is being said. It is a good idea to record calls when you can.

 

I don't know what your local court system is like in RSA but you should visit your local court and find out how easy it is to bring a claim and find out how to do it.

Maybe you can let us know on these pages so that others can learn as well.

 

You can post up the name of the supplier here. That kind of bad publicity can often persuade retailers to take their customer service more seriously.

 

Takes lot so photos of the items and the damage. Make detailed notes of everything - including all conversations - and keep all original paperwork.

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Here is some information about your courts - http://www.justice.gov.za/scc/scc.htm

 

Find your closest court in the Limpopo area and go and have a chat with them.

I am sure that they will be very helpful.

Make sure that you tell them the value of your claim and ask them if that comes within their small claims limits.

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Thank you for your advise. I have contacted the Consumer Commission and they advised me to put a complaint against the company. The lady drafted a notice

today and will be delivering it to them next week. She said they will give the company 5 days to respond. If they do not respond in 5 days they will give it over

to the court.

 

I feel so terrible doing this but R450-00 is allot of money for my family and i am not willing to pay for mistakes that i did not make.

 

I will keep you updated on the process but i am sure it will take at least 2 weeks.

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We will find a better place for this thread but there will be a link to it for you in the welcome forum where it is now.

 

Yes, please do keep us informed - and also please tell your friends about us. Although we are a UK group if enough people from RSA come here, there will be some good advice and support for them as well.

We never turn anyone away - and it is all free.

 

Consumers everywhere have very similar problems and the solutions are often very similar as well.

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I've just been looking at the small claims website in South Africa.

It looks very good.

No legal representation at all. This means that a litigant in person will not be bullied by some well-resourced bank or debt collector who has instructed a barrister.

 

Very advanced thinking. We should follow their example in the UK

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