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    • Hello All   Update   As per post #83, I had mentioned that for some unusual  reason, there had been two deadlines from the court for responding, namely the 18th of January 2021 and 1st of Feb 2021.   With everyones great help I filed in the response by the18th of Jan 2021. I think I was bit concerned that the claimant, Mike Ashley may use the second deadline as a chance to add a supplementary statement in response to my defence.    Well, Mike Ashely has in fact does exactly this. He has responded and filed a supplementary witness statement and has responded to all the defence points. He has addressed most the issues I had raised in my defence.     His Supplementary WS is dated 30 January 2021 and his solicitors emailed it to me on the 17th of February 2021.   Not sure what to do, but he seems to have amended everything which i could have used as a loophole leaving me with the thought of , should we have waited till the 2nd deadline ie 1ist Feb2021 and submitted the defence rather than the 18th January 2021. this would have deprived him of the chance to response with a supplementary WS. Thats what really had a worried me and I raised it a few times on this platform.     Not sure now because he has kind of amended a few things, removed the incorrect exhibit ( where the signages had belonged to a different site, and called it a clerical error).   Will post his redacted supplementary WS later as at work now.   Thanks all
    • An eye-opening new report from the payment processor Worldpay found so-called 'mobile wallet' payments were used for just under a third of all online transactions in 2020. View the full article
    • Adding to all the other difficulties (address for service, proving an agreement, obtaining enforcement even if you succeeded) that have been raised: Has the obligation to repay yet arisen?   You say the agreement was repayment once the divorce settlement occurred, but then point out settlement has yet to occur!.
    • The Chancellor should use next week's Budget to simplify the Isa system and scrap the trend of having one for 'almost every day of the week', savings industry experts have said. View the full article
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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
    • 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
      • 33 replies

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I wanted to buy some garden furniture at B&Q but was told that the item was out of stock and could not be given a date for new stock to arrive, when I asked about buying the item on display I was told that it could not be sold.

Can I demand that the item be sold to me ?

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No you cant demand that anything in the store be sold to you, display stuff is usually sold off at the end of the season or if the line is discontinued!

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B&Q wont sell you ex display stock as you stated. The main reason is they cannot guarantee it's safety and that it is fully intact. Should any accidents occur, they would be fully liable, where as if you purchased a sealed box containing the item, then they would be covered via insurance and manufacturers guarantee etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I agree you can't demand they sell you anything, but I'm interested in the comments above.

They do sell ex display stock at huge discounts, Christmas displays are a good example of this. When they do sell them I don't believe there are any notes regarding possible danger and not liable for any accidents

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They do sell display stock sometimes but they do thorough checks to ensure safety and any items missing.

 

They wont bring a person off their job to dismantle an item, check it and package it just because the customer demands it. It might go on sale a few days later but they are under NO obligation to do so.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Not sure I agree with the insurance argument above. Can't see a legal reason and never saw anything approaching that argument in my time in retail.

 

Why won't they sell it? It doesn't make commercial sense, unless you are willing to pay quite a lot more than the normal ticket price. If more stuff is coming the display stuff has advertising value, they need to put someone on to build it, and most folk want a discount for buying the display item, so it means selling display stuff costs them time and money to build it, then they make a further loss on selling it.

 

And no, you have no right to buy anything in a shop.

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I worked at B&Q for a few years. It's entirely the department managers decision if they want to sell it. They would only do that if the item was no longer going to be stocked. Depending on what it is, many of the displays get fiddled with by customers and parts stolen from them. It's not worth getting someone to check the whole item just to sell it to someone when they will have to set up another display a day or so later.

 

Also, it's hard for anyone to know when items are coming in to stock, most of the system is automated, some items are logged on the system, most aren't. No one really know's what's coming in, until it's in.

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