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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • iamgnome
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By iamgnome · Posted

      Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • BankFodder
      Potential problem with Royal Mail.

      By BankFodder · Posted

      I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • BankFodder
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By BankFodder · Posted

      Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • ProperDribbly
      Potential problem with Royal Mail.

      By ProperDribbly · Posted

      I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • lolerz
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By lolerz · Posted

      Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Asda won't refund/exchange faulty phone without charger? Is this correct?

rhysd1309

By rhysd1309
in General Retail

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rhysd1309

rhysd1309

Posted
Posted

Hi.

 

Just having a few issues trying to return a phone purchased from Asda. It has recently started turning itself off, and Asda accept that it is faulty.

 

However, they refuse to repair/exchange it as I haven't got the charger. (The charger didn't hold itself in phone from day 1 so it went in the bin)

 

Surely they cannot refuse this claim just because the charger and original sim is missing!

 

The phone is only a month old. They say that there polocy has to be in line with the law. Surely the law is on my side here!

 

Thanks for reading.

 

Rhys.

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Bazooka Boo

Bazooka Boo

Posted
Posted

Dear oh dear!

 

A store quoting the LAW, whatever next, selling mental patient outfits for halloween??

 

I would ask them to tell you exactly what Law they are referring to which states that they cannot exchange the phone, because there isn't one!

 

Speak to the manager, explain that the item was purchased at the store, and that the charger was defective and went in the bin, although I personally would have returned it to the store on that note alone.

 

I am guessing you have the receipt and proof of purchase?

If they still sell the item, then I would think common sense would say just do a one for one swap, it's the phone that's faulty not the charger or sim...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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rhysd1309

rhysd1309

Posted
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Posted

Yep. Already had the manager down, getting a laminated a3 piece of paper with their returns policy on it.

 

Got the receipt and everything! They say the manufacturer won't accept it back, so Asda will lose money. I've lost money!! Lol

 

I'm actually sat in the mcdonalds next door hoping to get a reference to some consumer law, so I can march back in on my high horse.

 

True, should have sent it back with faulty charger. My bad, I had a few spare samsung style chargers lying around, and didn't think!

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Emm without the complete package as sold i.e. charger, phone and sim, I would not expect the retailer to offer a replacement or refund.

 

A customer cannot just 'bin' components of a package and then expect a replacement, this is beyond unreasonable.

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rhysd1309

rhysd1309

Posted
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Posted

Surely it should at least be repaired? I'm not claiming the charger or sim to be faulty, just the phone they have sold me. So, not really expecting a full refund, just a handset replacement or forint to be repaired.

 

Thanks again.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

You bought a package 'binned' part of it IMO you have no claim, your story changes, you have stated that 'the charger was binned now you say it was not faulty.????????

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I've taken a look at the paperwork for a new mobile package that I have and it clearly states that if there are problems the packaging, phone and ALL accessories supplied with MUST be returned otherwise the warranty is invalid.

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dx100uk

dx100uk

Posted
Posted

don't sit too happy with this

its only 10days old

 

its nowt to do with any warranty.

 

they can and could take the charges from the new one they give you

put it with your faulty phone and send it off

 

as for the sim, the same thing can happen

 

I think its immaterial to it being exchanged.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

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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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rhysd1309

rhysd1309

Posted
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Posted (edited)
You bought a package 'binned' part of it IMO you have no claim, your story changes, you have stated that 'the charger was binned now you say it was not faulty.????????

 

Brigadier, I think you are confused. My charger is well and truly in the bin. I said that in my case, I am only claiming the phone is faulty. This just doesn't seem right. I don't want the charger repaired, there is nothing wrong with the sim. Why do they need the lot back to exchange/repair it!

 

Also "A customer cannot just 'bin' components of a package and then expect a replacement, this is beyond unreasonable.' I think it's pretty unreasonable a phone has broken within weeks of ownership! I don't want a full replacement, they can keep the charger and sim, they can even get the phone repaired if they want.

 

If I brought a new car, and the engine blew up a week later, would my warranty be void if I threw away the mats that came with the car? This seems stupid!

 

Thanks for input.

Edited by rhysd1309
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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Have you kept paperwork that came with the package?

 

So you haven't binned the charger an ever changing story.

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MaxxPower

MaxxPower

Posted
Posted

The problem here is that the faulty charger may have contributed to the fault with the phone, but without that part for testing it's now impossible to tell.

I agree with Brigadier that Asda are in the right here. If you want to return a product for a repair/replacement then you need to provide the whole package, not just part of it.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Who is the manufacturer of the phone. Have you tried to contact their customer services.

 

I believe that the clause saying everything must be returned is if a swap or refund is required not for a faulty piece of equipment

See post 17#

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fletch70

fletch70

Posted
Posted

We still do not know the manufacturer of the phone. In the past I have found Samsung for example to have given excellent customer service , they repaired a camera free of charge without the need to see the charger or battery etc.

I agree it was foolish to throw away the charger and the phone should have been returned at that point which is why I suggested the manufacturer.

 

Brig, it is also unreasonable to expect someone to return all the original packaging if something is faulty whatever the T&C's say . In this case the SOGA would over ride that wouldn't you say?

Any opinion I give is from personal experience .

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rhysd1309

rhysd1309

Posted
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Posted
I agree Asda are being fair. If it were the other way around I'm sue you would want the whole package back. You could try buying a genuine charger on ebay and returning it with that.

 

Could try that I suppose. Only problem then is I have thrown away the pay as you go SIM and the box that came with it aswell.

 

Might aswell make it a hatrick by the looks of things then and bin the phone aswell!

 

Brig, I don't mean to be rude, but I'm struggling to make it any more clear that this is not an ever changing story. I haven't implied once that I still have the charger. If I have, it's clearly hypothetically.

 

I'll just accept the fact that it can't be repaired.

 

Apple have great customer service (apart from having to make an appointment). When my iPhone broke, I just took the phone (not the charger, box, earphones) and they replaced it there and then. They didn't ask for proof of purchase or anything.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
We still do not know the manufacturer of the phone. In the past I have found Samsung for example to have given excellent customer service , they repaired a camera free of charge without the need to see the charger or battery etc.

I agree it was foolish to throw away the charger and the phone should have been returned at that point which is why I suggested the manufacturer.

 

Brig, it is also unreasonable to expect someone to return all the original packaging if something is faulty whatever the T&C's say . In this case the SOGA would over ride that wouldn't you say?

 

It is most certainly not unreasonable to require the packaging of a phone there is always information on the box in regard to the phone.

 

Every phone I've had from the very first big black brick type required this.

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fletch70

fletch70

Posted
Posted

I would give samsung customer services a call , you never know your luck. As I said I found them very good

 

Brig Any info on the box can also be found on or in the phone. I have to defend the OP and say I can not see anywhere where the story changed and with respect if feel you are being disingenuous with both your comments on his posts and my posts

Any opinion I give is from personal experience .

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steveod

steveod

Posted
Posted
It is most certainly not unreasonable to require the packaging of a phone there is always information on the box in regard to the phone.

 

Every phone I've had from the very first big black brick type required this.

 

 

so if you bought a 66" TV with a 5 year warranty and at 4 years it went faulty and you tried to send it back to supplier without the original box, and they refused, that would be reasonable?

so everyone has to keep all packaging for everything they buy in case it goes faulty - Tvs, dishwashers, fridges, ovens? SoGA does not state that anywhere as far i have read.

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