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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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oak furniture turns out to be oak veneer!


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Hi Dolly,

 

Try that if you want and tell the expert you simply need him to confirm what the product is made of. Firstly though, I would speak to the Furniture Ombudsman and ask who they can recommend locally to inspect and report.

 

You also ask the Furniture Ombudsman if the company you bought from is a member of their association. If so, the FO may investigate on your behalf at no cost to you.

 

I would also send the furniture Co the letter giving them 14 days to refund and collect the goods, failing which you will dispose of the goods and file a court claim to get your money back.

 

If I recall correctly, BC will not refund until you have rejected, and tried to return, the goods.

 

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Hi, I've tried with the furniture shop, they're not interested and told me to go to the fo as they're full members. I've sent all details & info to BC and on one hand they said I should have checked the furniture before signing for it, now they're saying they want a report. I assume that BC will have to refund if I can get expert clarity but I will speak to the fo today as well and see if they can recommend someone locally. Thanks

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Hi Dolly,

 

I can see why you may feel you're going round in circles and getting nowhere fast.

 

However, before this matter is resolved, you will have to keep on at the various parties if you want your money back and the goods gone.

 

Did you send the letter of rejection as suggested in post #46 above. Was the letter signed for on the RM tracking system. Has the store replied at all.

 

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No I didn't send another letter as I thought would be a waste of time - they pretty much told me they weren't prepared to do anything and that I should go to the fo as they were full members etc. I phoned trading standards who couldn't recommend anyone other than FIRA but they told me to go through the fo. I have an expert whom I've just used for something else and so I'm hoping he'll confirm in writing that its chipboard - knowing the way my luck runs however, I think he'll tell me its oak! Anyway I will hear from him on Monday, failing that I think I will just have to go through the fo.

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Hi Dolly,

 

I suggest you send the letter in post #46 to the store by RM Signed For delivery. It's not a waste of time and you have to go through the motions to get the result you want.

 

The "expert" you refer to - in what way is he an expert, or what does he do.

 

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  • 2 weeks later...

Hi, the man I am asking to help with an opinion is an expert in restoring antique & modern furniture. I just had a table restored by him and I'm waiting to see if he'll give me something in writing.

 

 

However, meantime I thought I would contact the actual manufacturer - Bentley designs - I didn't think they would help but they have been very helpful. They explained, in an email, what the furniture is constructed of and referring to the actual desk top they have said: The man with the exact details is on holiday until the 7th April, however the desk top has an American Oak outer with the inner being made of various woods. I have sent him an email and put a note in my diary for when he returns and I will let you know.

I think I will send this to Barclaycard and see what their response is. If this doesn't tell them that the oak desk isn't oak, then I don't know what will! Any opinions?

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Any opinions

 

Yes, Brilliant on your part. I would never have thought about contacting the manufacturer.

I know this is dragging on but in my humble opinion, you are in the right.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Dolly,

 

....... however the desk top has an American Oak outer with the inner being made of various woods.

 

Not from what I saw, unless the "various woods" he refers to is chipboard !!

 

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  • 3 weeks later...

Ok, i'm still waiting to hear from BC,

 

meantime I received this from the manufacturer:

 

The Studio corner desk top is surfaced with a real wood veneer 0.6mm thick (oak)

The substrate used will be a manufactured board material i.e. particle board

which is virtually an inert material and is necessary for technical/construction reasons.

The top covers a large area - if it was made from solid wood (which is naturally hygroscopic)

it would expand and contract (approx. 8-10mm) and cause constructional damage.

Solid wood is used on smaller component parts such as the frames because the movement is very fractional

and does not cause constructional problems.

I'm going to send this off to BC as well but again wanted your thoughts?!

Thanks

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Hi Dolly,

 

Send this onto BC and tell them you feel this should be adequate proof that the product supplied was not oak, as described.

 

Tell them you feel they have had enough time to investigate fully and you expect a prompt response, bearing in mind the items are still stored in your property.

 

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I'm becoming increasingly infuriated with this saga! BC have sent another letter asking for a detailed report (see post 47). I cannot understand why the manufacturers word is not proof enough that the furniture is not oak. Anyone have any idea as to what I should do next. I'm going to start with completing the FO form - but can I complain about BC to the financial ombudsman? I feel like every way I turn I get hammered but I don't want to let BC off the hook so easily. and can I pursue it via the fo even though I'm still chasing BC?

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Hi Dolly,

 

If you want BC to resolve this, you will have to be patient and very determined.

 

Reply to BC saying the evidence provided from the manufacturer already states that the product is not as described and you cannot understand why BC continue to provaricate.

 

I'm not sure if the Financial Ombdsmn Svce can help with s.75 claims but suggest you call the FOS to ask.

 

Proceed with the complaint to the Furniture Ombsmn as well.

 

The best way to have dealt with this would have been to take prompt court action against the supplier. By not doing this, you must reply on the other processes.

 

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to be honest court scared me but also I don't have any proof other than what is stated on my invoice and what the manufacturer have now told me. Its my word against the shop staff. Is it too late to go down that road now then? I will continue to pursue BC though. It is frustrating that they take so long to reply but I am determined. I'm grateful for the advice, thanks.

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Hi Dolly,

 

No, it's not too late to take the supplier to court.

 

You must be prepared to take the claim before a judge and argue your case. But I think the evidence will speak for itself.

 

It's a very informal business in the Small Claims Court. No wigs and gowns and it's often held in a normal room, not a courtroom.

 

If you haven't yet replied to BC, add on a para to say :-

 

If you have not resolved this simple matter within 14 days, I will take court action citing Barclaycard as the Co-Defendant.

 

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  • 2 weeks later...

the latest response from BC is that they would like to reiterate that there are no documents to substantiate that the goods received were not as described. Therefore a breach of contract or misrepresentation is not established on the merchants part. I will be writing yet again asking them to clarify exactly how I'm supposed to prove this, other than give them my invoice, which clearly states Oak and the manufacturers description which clearly states some sort of chipboard!

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Hi Dolly,

 

This is just going round in circles and BC are not helping your case.

 

Are you willing to threaten the store with court action for the return of funds, and then take that action with our help.

 

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  • 3 weeks later...

Hello

 

I've been in the furniture business for approx 20 years. We have always emphasised the presence of any veneers to avoid this situation (they perform better than the real thing in some scenarios!)

You'll see that all the big retailers, especially online, are quite meticulous at detailing "oak effect" or "oak veneer". I don't think they do this out of the kindness of their hearts!

More like they've learnt the hard way that it's a requirement.

 

Send someone back to the shop with a camera phone to photograph the label that is on the furniture.

Make sure there is a close up showing the text (both sides) and a contextual shot, I.e one that shows the label on the furniture.

 

They don't need to be James Bond. I photograph labels all the time to remember prices & sizes - never had any trouble.

 

If it doesn't state the presence of veneers, or if a person is likely to reasonably infer that it is solid, then you certainly have a case.

 

Even evidencing the absence of a label / literature would help your cause.

 

If either of the above are still true, after the shop are aware of your grievance, then that counts as goog evidence that they are being wilfully 'economical' with the truth.

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Thanks TGP for your input.

 

Dolly, anything to report on this please.

 

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  • 4 weeks later...

Sorry been in hospital. I have to say once I threatened BC with court action they phoned me! amazing really, every letter they responded to seemed to take weeks rather than days. They offered me the price of the desk as a one off gesture of goodwill. Because of the hospital thing, I decided to accept that. However, I did ask if it was possible to still complain about the store to the furniture ombudsman and BC seemed to think I still could. But with everything that's gone on, i'm going to use the furniture (still haven't had time to unpack it!) I don't think I have any evidence to go to court, otherwise I would. The shop no longer stock that range of furniture so It would be hard to get any evidence now, even though I know they weren't displaying proper leaflets/price tags. It was handwritten pricing on plain white paper in Perspex holders! I really appreciate everyones input and advice, and a free desk goes someway to help soften the experience. I do have my ombudsman forms completed ready for posting though - but if I proceed with that, I can't use the furniture can I? and I am becoming a bit sick of seeing those boxes in my lounge!

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Hi Dollydo,

 

You can still make a formal complaint to the Furniture Ombudsman if you wish.

 

You can keep the furniture and, if the FO feel you've been badly treated, they may decide that the store should offer some compensation.

 

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Misposted... did not read the end of the thread :p

 

 

Congrats on the outcome (even if it was a long sage) and let your wallet do the talking in the future!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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