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    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Help Required - No Free Audi Servicing - Am I Being Done?


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Hi guys, wondering if anyone can give me some helpful advice. I purchased an Audi last year around 8 months ago - It is an Approved Used car and I have Audi finance. I was told (verbally) that I would get free servicing. I never thought anything of this until today when I went to book a service at my local Audi garage and was told that there is no free servicing on the system. I contacted the dealer I purchased from and have been told that the finance agreement didn't include free servicing, and that I would have signed papers related to servicing when signing the finance agreement with the lady who organised it.

 

At the point of purchase, I wasn't to know that a free servicing offer/agreement is tied in with the finance agreement. Anyway - it appears I have no leg to stand on even though I am 100% sure I was told that by a salesman. I even remember having a conversation with regards to where I can take the car to for servicing ie. does it have to be the dealer I purchase from or will any Audi dealer suffice.

 

Also - while looking at the order form today for my car, it states that my car should have cruise control. My car definitely doesn't have cruise control and to be honest, it's not one of the extras that I thought I had and it's not something that I was looking out for however having noticed it on the order form, it's come to my attention that it's definitely not on there. Can this be used as some sort of leverage?

 

I agree at the end of the day it's my fault for not following through with checking if I have paperwork for 2 years free servicing but a part of me just thought that it would be on the system somewhere. Talk about being naive.

 

The sales rep is checking with the advertising company that their Audi garage use so they can check whether the control cruise was on the advert. I've not heard anything back yet but if they do say that it was't - does that change things? I know it's been 8 months and I haven't noticed the cruise control issue but surely if they're using paperwork against me to say that I can't have free servicing then surely I can do the same?

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The only reason you took out the finance/purchase was the enticement of free servicing. Send a letter to the manager of the dealer you bought the car from by recorded delivery and make a complaint that you have been mis-sold the finance. Name the salesman that told you these things.

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Thanks for the reply - however I'm not 100% sure if that was an actual offer at the time. The only reason free servicing was brought up was because I was trying to get myself a good as deal as possible (as you do). They went as low as they could on the price so I did say I wanted 2 years free servicing and the sales rep said ok.

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Then that was it, the straw that broke the camels back was 'ok'. Yuo have nothing whatsoever to lose by writing to them except the cost of postage.

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Then that was it, the straw that broke the camels back was 'ok'. Yuo have nothing whatsoever to lose by writing to them except the cost of postage.

 

what about the cruise control side of things?

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You have the proof that the car was sold with so check the difference in price of the car with and without the CC and ask for that difference back.

 

Again, why not write a general non nasty or demanding letter to the boss mentioning that you were promised free service and that the car was supposed to have cruise control and see how he responds.

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You have the proof that the car was sold with so check the difference in price of the car with and without the CC and ask for that difference back.

 

Again, why not write a general non nasty or demanding letter to the boss mentioning that you were promised free service and that the car was supposed to have cruise control and see how he responds.

 

Thanks for the tips, will write a letter and see where I go from there.

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If they come back saying he was never authorised to offer such a thing, then you can reply that that's not your problem.

 

If they say no such thing was offered, sentences like 'I don't like being called a lair' seem to work well, they have with me.

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