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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Cardif Pinnacle refused my public sector PPI reclaim reason


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I am a serving police officer and have been for 6 years. I took out car finance in 2007 and PPI was sold to me by Cardif Pinnacle following this. I was not aware at the time of my PPI that as a public sector worker, it would not cover me and should I have tried to make a claim against it, it would have been unsuccessful. I have written to the company detailing this and claiming that as a business offering a service that they should have known who would be suitable customers and who isnt. Cardif Pinnacle have refused to acknowledge this and have basically said "we've have your money over four and a half years but we wont refund it...TOUGH!"

I am disgusted by this and feel they are totally in the wrong and I have now logged a formal complaint with the FOS to try and get my money back.

 

Has anyone else had issues with Cardif Pinnacle in similar circumstances?

Is there anything I can do about this company? as I am seriously considering going to the press about them

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I am a serving police officer and have been for 6 years. I took out car finance in 2007 and PPI was sold to me by Cardif Pinnacle following this. I was not aware at the time of my PPI that as a public sector worker, it would not cover me and should I have tried to make a claim against it, it would have been unsuccessful. I have written to the company detailing this and claiming that as a business offering a service that they should have known who would be suitable customers and who isnt. Cardif Pinnacle have refused to acknowledge this and have basically said "we've have your money over four and a half years but we wont refund it...TOUGH!"

I am disgusted by this and feel they are totally in the wrong and I have now logged a formal complaint with the FOS to try and get my money back.

 

Has anyone else had issues with Cardif Pinnacle in similar circumstances?

Is there anything I can do about this company? as I am seriously considering going to the press about them

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own thread created.

 

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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if you look on the FOS website there is even a case example of this.

successful claim.

 

how did you reclaim?

 

just a letter or the FOS CQ?

 

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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These banks always try and deny your claim. Unfortunately, our banks are public owned on the stock market and seen as a cash cow that must provide a minimum profit each year otherwise cutbacks must be made. If you follow the cross-ownerships, you'll invariably end up with large multinationals like Goldman-Sachs, Credit-Suisse, HSBC and Lloyds.

 

I was in the same position with my bank, just like thousands others with their banks. You can only win if you get the courts or the Financial Ombudsman Service to issue an order.

 

You have to do the following things; get a copy of the original agreement, send a Data Protection Act Subject Access Request to get your past statements, use a spreadsheet to calculate the total payments made, along with the accumulated interest. At least you have a final response letter, which is the reply the bank sent you. Once you have all these, you can put a claim into the Financial Ombudsman, and wait for their decision.

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