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By BankFodder · Posted
Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well. -
By players4you · Posted
Thanks for your thoughts. I guess I could go to the OC and get them to add the defaults but that might be a long process. I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report as needed to move home urgently due to personal reasons. Now I am sorted on the credit file front its a case of seeing if I can stop paying this turkeys without going backwards. -
then they can't comeback IMHO if you stop paying. you should have stopped paying there and then, but i suppose stepchance again poked their nose in and said either you cant just stop some debts through the plan, keep lining ours and their pockets.? they are correct they cant register defaults themselves only the OC can. -
Hi Bankfodder Yep, it's these guys. I paid by debit card; online purchase. I have been emailing them. Should I send a letter? Thank you for your help x -
By Rottathehutlet · Posted
Hi all. I would be grateful of some advice please if anyone is able to help. I had a new washing machine delivered by Currys on 5th Feb. It was faulty from the start so I tried to inform Currys. They told me to contact the manufacturer. I knew that they were wrong to insist on this but I did so anyway, and I now have an email trail from LG telling me that an engineer visit is needed. I refused the engineer visit and told Currys I wanted to use the 30 day rejection as per CRA2015. I know CRA2015 fairly well because I had to use it for a faulty car last year. Currys just kept telling me that I had to go back to the manufacturer. In desperation I emailed the Currys/PCworld/Dixons CEO. I realise that he won't have seen the email but one of his minions got in touch and promised to help. After a very lengthy email conversation over a few days this guy told me to contact the manufacturer! I sent Currys (by post and email) a Letter Before Action, telling them that if it wasn't sorted by 15th March I would take action. I offered mediation but they ignored it. I sent the email to head office and sent copies to all staff I had previously dealt with as well as the CEO. I received one email reply, from the CEO's minion, telling me that he was sorry that we had been unable to resolve this amicably. To date I have received no reply to the LBA, nor do I expect to receive one. I have used moneyclaim online before, so I am not too worried about doing that. The only issue I have is that I know that if I lose I will be liable for their fees, so do I let these people get away with this or is there some way I can guarantee that I won't be faced with huge fees? Thanks for reading this far!
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
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Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786-
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