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    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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gym found me through posts on another forum?


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Recently I posted on a totally different website regarding problems with my gym membership contract.

 

I was very vague with my personal details (as I always am when posting on the Internet) and am going to be forced to be even more vague here.

 

The only details I gave were my first name (which was part of my username) and the month which I signed up for the gym membership,

which was involved to give a timescale so other users could help me with my problems in cancelling the membership.

 

The contract itself was taken out with a certain company,

which I named in my original post as I noticed many others had posted with their own problems with the same company on that particular forum.

 

Assuming that this would be OK, I described my situation (not insulting or otherwise slandering the company in any way

and not giving ANY other personal information e.g location, gym name, etc),

 

simply asking what the best way to proceed would be to help solve the problem as fast as possible since I wasn't getting any luck from customer service.

 

A day after I'd posted I received a call from this company, telling me that they had discovered that I'd posted something on the internet

regarding my gym membership (they stated my specific location/details so I was fairly sure it wasn't a [problem] call

and was the actual company my contract was with)

and that they were investigating the matter since I'd been given incorrect information.

 

When I demanded to know how they had found out that it was me who posted,

they simply said that by taking my first name and the general month that I'd joined with them gave them all the information they needed to call me up.

 

Is this lawful?

Was I just being incredibly stupid to put my first name and the general month on the post?

 

Is it possible that they would be able to find this out from some random forum on the internet with no proof that it was me?

 

I am really creeped out by this, I might just be being totally naive but it seems pretty suspicious :/

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wouldn't be too difficult

as I expect you'd also made a complaint to the gym?

 

moved to the gym forum.

 

tell us the story

sont pull punches either

 

name names!

 

that's what we are here for to embarrass them into fair play.

 

have a read of a few of the gym forumposts too

you'll be amazed!!

 

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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Thanks for the reply and for the help with sorting my own post out, I am a newbie to posting on forums generally as you may be able to tell :/ I'm checking the other forum posts out now, some of them are shocking! I would really like to name and shame but I'd also like to make sure it's not going to come back to bite me further down the line!

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pers i'd put that out of your head

 

what is the actual problem with the gym

 

are they trying to fleece you of fees?

 

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 Echo and welcome to CAG

 

We know that banks, DCA's, Gym Admin Co's, Telecoms Co's, Legal Firms and many others monitor our forums.

 

Some do it to improve the service they provide to their customers. When a company is named, they may be more keen to be seen to resolve an issue satisfactorily.

 

Others keep track of particular cases, possibly hoping to gather info that could be useful in their handling of cases.

 

In the vast majority of cases, I don't think it matters a hoot if you name the gym, their admin co, start and finish dates, etc, etc. Indeed, if we know what gym or admin co. is involved, we can offer better advice based on experience in dealing with that company.

 

Also we DO often need specific details to be able to offer good, useful advice.

 

I really wouldn't worry about this for a moment more.

 

However, the real issue is, have you got your case resolved to your full satisfaction.

 

If not, bite the bullet and give us as much info as we need, eg :-

 

The gym or admin co. involved.

 

Minimum m/ship agreement period.

 

How far into the agreement you cancelled or tried to cancel, and for what reason.

 

Of course, you may still prefer to keep some or all info to yourself and that's entirely your prerogative.

 

:-D

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