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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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Cash4phones - creditors meeting - 13th Jan Please retweet - https://cag.tw/tf7


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Very happy to help in any way.

 

I now see that I have misunderstood. It is the police who have been referring it to TS - not Cap Books - is that right?

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I'll forweard you the emails to the admin address i have had one from the police as well for what use they are

 

I have only seen one from you

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Hi everyone, I have been keeping a close eye on what has been developing re: Cash4phones. I contacted Capital Books and sent them the form regarding being a creditor. I was planning to go to the meeting to lodge my vote against the company. How will I be able to help??

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Well I advised action fraud yesterday that it would be appropriate for them to attend the meeting and arrest the director. they haven't replied to me as yet!

 

However as I am planning to attend, how about people filling in their proxy form and nominating me? I don't want to put my personal details on here though, but if you post your willingness to do this then Bankfodder can probably get them to you (unless any of the CAG admins are also planning to attend?)

 

Apriumben, I don't know anything about you so apologies if this post seems presumptuous.

 

Presumably you are a licensed insolvency practitioner and can provide a consent to act to show the meeting?

 

If you are not an IP, presumably you are a creditor. If you are an IP and a creditor you have a conflict of interest ;@)

 

Colin has already addressed the other points I was going to raise. The best option is to form a liquidation committee at the Section 98 meeting. You need a minimum of 3 and a maximum of 5 proving creditors - there will be a section of the meeting to allow the creation of such a committee.

 

The liquidators will have 6 months from the date of their appointment to prepare and submit a report

on the directors' conduct to the Department of Business for Innovation and Skills. DBIS will review this report and make the decision whether to take the investigation any further. Please note that this report is not made public.

 

I hope this post has been of some help.

 

All the best,

CM

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From Alan Kelly at the Cash4PhonesUK [poorly named - it's a victim support page] FB page:

"I would like to ensure that the future Liquidator(s) of Yemonia Limited (formerly C4P Trading Limited, trading as Cash4Phones.co.uk) thoroughly investigate the conduct of the directors of the Company.

 

I am not satisfied with the Company's own choice of Liquidator, Mansoor Mubarik of Capital Books Limited. I would like to nominate an alternative. If you would like to support this action please contact [email protected] and request to be added to the creditors list. They should send you a copy of the notice of the creditors' meeting a form of proxy.

 

If you would like join my action to nominate an alternative Liquidator please list me (Alan Kelly) on your proxy vote and send a scanned copy of the proxy vote together with a statement of your claim to [email protected] and to this email address by 12 noon on 12 January 2014. I then plan to take an alternative Liquidator(s) to the meeting with me if I am able to gain enough support to vote in a different Liquidator(s).

 

Many thanks

Alan

 

[email protected]"

 

Despite sending important documents to a random hotmail address being a little bit dodgy, this guy appears genuine (or maybe it's just the fact he's holding a baby in his profile pic that's making me believe he's trustworthy). He hasn't given details of an alternative, but at present we do not seem to have any other options, unless Apriumben has no conflict? Considering taking a punt on him.

Jonathan

Edited by jonbancroft1988
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I am sure that Apriumben has no conflict. He is simply another victim. It is thanks to him that all of the information relating to name changes, insolvency and the creditors meeting have become available to us so early on.

 

Whatever happens, it needs to be coordinated because it would be a shame if people's efforts were frustrated because there was too much duplication.

 

Could you post a link to Alan Kelly's page, please and also maybe ask him to visit this thread.

 

Whatever - it is very important that as many people as possible contact CB and also attend the meeting.

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Alan Kelly:

https://www.facebook.com/alan.kelly.127648

 

Cash4PhonesUK victim support blog:

https://www.facebook.com/Cash4PhonesUK?fref=ts

 

Lots of very angry people (but useful votes if someone can make them understand):

https://www.facebook.com/groups/292089334246569/

Edited by jonbancroft1988
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This is now appearing on the Cash4PhonesUK Facebook page. Looks like the address could be yet another C4P [problem]:

 

I'm seeing an email address being sent to a lot of Cash4Phones victims ([email protected] hotmail.co.uk).

 

I don't know who owns this or what it's for but DO NOT send any of your information to it. Professional companies do not use Hotmail. Please use the official number given to process a claim.

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Couldn't someone leave a message on that page for people to come here and see what our advice is - even if they don't want to join us and post

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Couldn't someone leave a message on that page for people to come here and see what our advice is - even if they don't want to join us and post

 

I have emailed Capital Books and have received an email along with a attached PDF form which needs completing. I won't be able to attend the meeting so I am unsure of how to complete this form correctly and who can act on behalf of me. Can anyone help me out?

 

Thanks

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If you would like to contact apriumben, please send an email to our admin address. Put "creditor" in the subject line and I will forward the message on.

I suggest that you include your name and a landline number

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I have emailed Capital Books and have received an email along with a attached PDF form which needs completing. I won't be able to attend the meeting so I am unsure of how to complete this form correctly and who can act on behalf of me. Can anyone help me out?

 

Thanks

 

Please post the form here so that we can advise you

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If the creditors' choice of liquidator is appointed that's great, but are the creditors willing to fund his work? Like anybody, a liquidator will need to be paid for the work they need to carry out, and in this case it is going to be extensive investigation work.

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Also, I would be happy to nominate Apriumben if his details can get to me.

 

I have forwarded your message. Ta

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Email said

 

Thank you for your email.

 

Please find enclosed the Letter regarding the meeting of creditors of Yemonia Limited and the forms.

 

You will need to complete the proof of debt and enclose any supporting evidence that confirms that you have handed the mobile phone over to the Company.

 

You can attend the meeting yourself or appoint someone else to attend on your behalf. Proxy form in enclosed for that purpose.

 

Please also provide us with your complete postal address.

 

If you have any queries, please don’t hesitate to contact me.

 

Regards

 

Izbel

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Couldn't someone leave a message on that page for people to come here and see what our advice is - even if they don't want to join us and post

 

I am trying to direct people here, but they don't seem to want/be able to read. Very frustrating!

Edited by jonbancroft1988
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I am trying to direct people here, but they don't seem to want/be able to read. Very frustrating!

 

They need to understand that the deadline for any action is tomorrow - noon. The last business day before the meeting

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Thanks for that Chipmeister.

 

Bankfodder- what is the name and address of the guy on here that is willing to represent the group?

 

Also, what about the rest of the form? And does it need completing by hand as I don't have a scanner!!!!!!?????

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You'll have to let me have an email to our admin address which I will forward on to him.

 

I think that it can be completed in any way but it must be signed - by hand I expect and returned by midday tomorrow. I'm afraid that you will need a scanner - or get to first class post immediately

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Lots of very angry people with no idea how to express themselves professionally (but useful votes if someone can make them understand):

https://www.facebook.com/groups/292089334246569/

 

Someone on that group apparently has the bank account details of cash4phones. I am unable to message him.

Could someone ask him to contact us on our admin email with those details.

ta

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