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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  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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Preston motor parks, cancelled deal with them. won't refund deposit i paid


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On 27 February this year I booked a test drive of a VW Beetle Cab at Preston Motor Parks.

 

My health was very bad which I thought was as a result of a cold.

 

I was unhappy with the deal they were offering.

 

Unfortunately, I paid £100 deposit.

 

The next day my health deteriorated and it was pneumonia.

 

I e-mailed Preston Motor Parks and told them I wanted to cancel the car.

 

I asked for my£100 deposit to be returned to me.

 

They refused to reply to any of my e-mails even after threats of the small court.

 

The paperwork given to me does not even have my personal details such as address, etc.

 

I thought this would be a simple matter but I now know the world of cars is a minefield.

 

Can I get my money back?

 

Any help would be much appreciated

Regards

ladycoke

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Did you contact them verbally and explain the situ? Have you got copies of letters that you have written to them asking for your deposit back? If so, do they out-line your predicament?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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how did you pay it?

 

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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Why did you pay the deposit, did they ask for it? did they say it would refundable or not?

were you reserving the car for subsequent option to purchase.!

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Hi Sailor sam

I originally phoned them to arrange the test drive. However, because I was so ill I sent e-mails (3). Not one has been replied to. I am much better now and will write to them but I think this will be a waste of my time?

Regards

ladycoke

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Why did you pay the deposit, did they ask for it? did they say it would refundable or not?

were you reserving the car for subsequent option to purchase.!

 

They pressured me into paying the deposit with a view to purchasing the vehicle. I couldn't stop coughing and I was feverish. I explained I wasn't feeling very well. I never asked and was never told that the deposit would be refundable. From my experience with the car I bought recently, the same principle was applied, namely 'give us a deposit'. I thought this was the new way of buying a car?

Regards

ladycoke

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Hi Sailor sam

I originally phoned them to arrange the test drive. However, because I was so ill I sent e-mails (3). Not one has been replied to. I am much better now and will write to them but I think this will be a waste of my time?

Regards

ladycoke

 

Have you actually rang them and asked for your deposit back? If yes and they said no, then you must write to them asking the same question which would then needed to be followed up by an LBA (letter before action). You will need to follow this process before making a claim via court.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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normally a deposit is taken to reserve the car ( take it off sale ), so you have it when you sort finance and come back, also to cover preparation /service costs; which you forfeit if you don't proceed with the purchase.

unless they said or written on the receipt that it was refundable, I doubt you will get it back.

Otherwise what is the purpose of paying the deposit in the first place! ( you have bought an option to purchase, which comes of the sale price ).

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  • 4 months later...

I started work at PMP during July 2013. All orders for cars must be secured by a deposit (usually £100). This takes the car off sale. The car has then to be checked and valeted prior to hand-over.

 

 

How long did you wait to cancel the deal? What did PMP have to do? Deposits are refundable. Sometimes the credit agreement is not approved. The deposit is always returned in these circumstances.

 

 

The first question is 'did PMP suffer any loss?' Probably not. The deposit is not paid to a salesman. They have sold the car. Get to Court ASAP. They will pay up. The deposit is never expressed as not refundable.

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It would be nice to get an update from the OP but she hasn't been back since 13th July!

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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