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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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Perhaps "in on it" is the wrong vernacular, but there are things CB should have done that they have not done...like let you all know about the meeting before the meeting took place! Furthermore, it didn't take admin (who is doing this for free, MM is getting paid) long to work out that AOE are dodgy, so why didn't MM perform the same cursory search before the meeting?

So yeah, not saying they're crooked, but something is smelling fishy.

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I never had an email from capital books or the liquidator saying that there is a meeting on 13th of Jan. how can they set the meeting without letting the creditors know


I only found out about the meeting by chance by googling. You can contact capital

Books it's not too late. More people do it the better.

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I only found out about the meeting because a member here e-mailed me about it. I have also since received the e-mail containing the liquidators report and am glad to see my name as a creditor but what is strange and as is for most of the creditors on the list there are no contact details. That might explain why so few were informed about the meeting but how can that be ? Surely before holding the meeting the liquidators would have took stock and collated contact details of creditors and not just a persons name. Looking at the list I consider myself quite fortunate some were owed several hundred and a couple 4 figures. We can all say what we like, we all know this was a con and not just a business falling on hard times. There is far too much circumstantial evidence floating about. We all got caught out by this business and why ? because they over inflated the phones values in comparison to the competition knowing we would be tempted by it. Even at the meeting some guy pretending he cant speak English yet has a facebook page littered with comments in English and how can an interpreter answer questions without even interpreting anything.

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I just got an email from capital books replying to my question .




We advertised the notice of the meeting in London Gazette and also a national newspaper 'The Independent' a week before the meeting to invite all the creditors and many creditors did contact us. We also gave an interview with the Guardian Newspaper on 9 January 2014 which was published on the internet.




Capital Books (UK) Limited



did they know we ganna read that specific newspaper on that day ?

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Hi all,


If anybody still wishes to form part of a creditor committee (so we can investigate Yemonia's directors and force CB to do a proper job), can you please contact Alan Kelly at: [redacted] as a matter of urgency. We need between 3 and 5 members and time is running out. Between me and him we have 2, but I can't get hold of Apriumben so we just need one more person to respond.


Alan works for a major accountancy firm and handles insolvency on a regular basis, but it would be good if you have a bit of spare time, have an ability to write coherent emails, live in London to make attending meetings easier, and have a decent knowledge of what's going on. If you're one of the people that keeps emailing me asking how to get your money back or don't know what Yemonia is, I'd say that (unfortunately) this isn't a job for you.


EDIT: This is now sorted, no need to contact Alan

Edited by jonbancroft1988
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Hi all,


If anybody still wishes to form part of a creditor committee (so we can investigate Yemonia's directors and force CB to do a proper job), can you please contact Alan Kelly at: [email protected] or 0207 865 2353 as a matter of urgency. We need between 3 and 5 members and time is running out. Between me and him we have 2, but I can't get hold of Apriumben so we just need one more person to respond.


Alan works for a major accountancy firm and handles insolvency on a regular basis, but it would be good if you have a bit of spare time, have an ability to write coherent emails, live in London to make attending meetings easier, and have a decent knowledge of what's going on. If you're one of the people that keeps emailing me asking how to get your money back or don't know what Yemonia is, I'd say that (unfortunately) this isn't a job for you.


Admin: Alan approved this message.


Sorry guys been very busy but vaguely back in the land of the living - I'm still available - will try giving Alan a call

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Does anyone have an address for C4P as i put in a claim at the small claims court and they have been returned to me as apparently the addressee has "gone away" ......... and therefore the info has been returned to me as un-served. In order to be re-served i need an amended defendant address if anyone can help please.....:-x

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Their new registered address is the address of Capital Books - their liquidators.


Their address is in this thread somewhere. If you have evidence of the debt then you are probably wasting you money by bringing a claim. Best to contact the liquidators and get a debt form. Also contact Apriumben who is setting up a liquidation committee and he needs more people to take part.

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You can still join the committee. I am sure that it will be helpful. Contact Apriumben

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Hi All,


I located and joined the forum by chance today,having been caught by the Cash4phones [problem] myself. I have to say it was prettyshocking and saddening to see how many other people have been affected by this**** and I am keen to help out in any way possible (i.e. committee etc). Pleasenote I am based in Berkshire and do not drive, so may be restricted somewhat.


By way of background, my particular case is asfollows:

On 30 October 2013, Cash4phones took receipt of myBlackberry Bold Touch 9900 following a quotation of £98.50. After my phonepassed all required 'testing', my account indicated that payment was ‘pending’which I naively assumed meant that they had accepted the phone and would thenmake payment to me. I didn't receive any reduced quotes etc. in relation to this non existant wear and tear I know many people have experienced, they simply just didn't pay me.


I repeatedly requested payment of the long overdueamount of £98.50 using the ‘Online Contact Form’ on the C4p website without anyresponse. Their website did not include any form of contact telephone number toenable me to contact them in this way. I eventually located a telephone numberon this forum, which after ringing many times without response or the linesimply dying on me, almost led to me giving up.


I have been through the same process I am sure manyof you have so far i.e. MCOL claim and judgement issued, letter returnedstating C4p no longer exist etc. It was around this time that I found moreinformation on this forum regarding the creditors meeting and laughableattempts at advertising it in a London newspaper (where I don't live) and onlyone of several national newspapers, reducing the odds even further of me seeingthe advert.


Anyway, I am currently at the stage where I have sent theproof of debt form and accompanying documents to Capital Books and I am waitingto hear back from them. How is everyone else getting on? What are your thoughtson Capital Books in general? Does anyone have any updates on timelines for their investigations to continue?


I'll be sure to check back here for further updates and obviously provide any of my own in due course.


In the meantime, best of luck and do let me know how I can help out.


EDIT - Apologies for the font size - I tried to reduce it but it doesn't seem to work for me.



Edited by Brockie_UK
Reduce font size - sorry!
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  • 1 year later...

just got this via mail.....


Dear Sir/ Madam


I was appointed as the Liquidator of the above Company on 13 January 2014 by a resolution of the Company’s members. My appointment was confirmed at the subsequent meeting of the Company’s creditors.


The administration of the winding up is now complete and I am obliged to convene final meetings of the Company’s members and creditors pursuant to Section 106 of the Insolvency Act 1986 to report on the conduct of the winding up.


Copies of the notice summoning the meetings, the final report on the winding up and a form of proxy are enclosed.


The meeting is purely formal and no information other than the report will be presented.


I regret to advise you that no dividend will be payable to any class of creditors as no funds have been realised during my administration.


If you are entitled to attend and vote at the meeting you may appoint someone to act on your behalf by using the form of proxy, which should indicate your voting instructions, identify the proxy holder and be signed.


Please contact me if you have any queries.


Kind regards


For and On Behalf Of

Mansoor Mubarik ACA FCCA FABRP



Chartered Accountants and Licenced Insolvency Practitioners


London Maidstone


122 Hither Green Lane 66 Earl Street

Hither Green Maidstone

London Kent

SE13 6QA ME14 1PS


T: 0203 475 2211 T: 01622 754 927

F: 01622 321 000 F: 01622 321 000

E: [email protected]


W: http://www.capital-books.co.uk




Capital Books may monitor and read all e-mails as it is presumed that they are sent or received in connection with the business of Capital Books or for business use only. Capital Books also monitors e-mails for security reasons to ensure that no unauthorised disclosure of Capital Book's confidential information is passed via the e-mail system.


This email and any attachments are confidential. It is intended for the recipient only. If you are not the recipient, any use, disclosure, distribution, printing or copying of this e-mail is unauthorised. If you have received this e-mail in error, please immediately notify the sender by replying to this e-mail and delete the e-mail from your computer. The contents of any attachment to this e-mail may contain viruses, which could damage your own computer system. While Capital Books has taken every reasonable precaution to minimise this risk, we cannot accept liability for any damage which you sustain as a result of software viruses. You should carry out your own virus checks before opening the attachment.

The firm is authorised by the Association of Chartered Certified Accountants. Mansoor Mubarik is authorised to act as an Insolvency Practitioner in the UK by the Association of Chartered Certified Accountants.

Capital Books is a trading name of Capital Books (UK) Limited a England & Wales registered company (Company Number 07057648). Registered Office Address: 103 Scotney Gardens, St Peters Street, Maidstone, Kent, ME16 0GT.

Please do not print this e-mail unless it is very important.

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Unfortunately, this was to be expected. The customer is always at the bottom of the money pile as the administrators, the Government and any companies get the pot first.


The only thing to do now is to put this whole sorry saga behind you and if tempted to do the same in the future, print this thread off and staple it to your forehead.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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