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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Surfer01

Retailer refusing full refund

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On the 12th of June 2014,

we made a purchase for the installation of a tracking device on a new caravan on 24th June 2014.

 

Approximately 24 hours prior to installation,

we contacted the supplier by phone to cancel as we decided not to purchase the caravan.

 

The supplier refunded the money less £25 stating that the installer would bill them

the £25 for the time booked.

 

Surely under the new Consumer Contract Regulations the retailer has to give a full refund.

 

I have contacted by email regarding cancellation which triggered the partial refund.

 

I contacted them again for the balance of the refund through the "Contact Us"

form on their website but no response.

 

In that communication I advise them that I will pursue it under DSR

as I was not aware at the time of the Consumer Contract Regulations 2013 replacing the DSR.

 

I have since without luck tried to raise an official complaint with Trading Standards

but I cannot find a link for sending email or written complaints.

 

I have also checked the Citizens Advice Bureau for an email address

or physical address where to send a complaint, but no luck.

 

Previously you completed a form online and submitted it, but that is not available either.

 

Seems they are making it difficult to complain in writing?

 

ease advise how I woulddl go about raising an official complaint about the retailer.

Thanks.

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Many thanks as I could not locate any email address for a complaint.

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Can you post up the website Surfer so we can take a look at the T&Cs.

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Can you post up the website Surfer so we can take a look at the T&Cs.

 

There are no T & Cs on their website from what I can see. None on the invoice that they sent me.

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i can find nothing either except " Inc Fitting & VAT".

 

You have a really good case to take forward here should it become necessary.

There is none of the regulatory information about returns or cancellation displayed on their website.

 

Write to them by recorded delivery letter and 'tell' them they have 14 days in which to refund the outstanding amount or you will take further action.

 

It's too late now but you should have put the name of the company in your subject header and then it would have gone out on twitter and facebook as well.

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I will write to them and send it my registered mail. At the moment I cannot find the name of the CEO for the company so will address it to the Managing Director. Correct me if I am wrong but I think that the website does not comply with the regulations for a UK business website?

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1. Overview

You must provide certain information for your customers if you’re selling goods online, through digital TV, by mail order or by phone, text message or fax.

Before an order is placed

All distance sellers must follow certain rules before and after an order is placed.

 

You must display information such as:

 

your business name and contact details

a description of your goods or services

the price, including all taxes

how a customer can pay

delivery arrangements, costs and how long goods will take to arrive

the minimum length of their contract

conditions for terminating contracts

information about the customer’s right to cancel within 14 days

You must tell the customer if they will be responsible for paying for the return of goods if they cancel. If you don’t, they’re not liable for the costs.

 

After an order is placed

You must get in touch with your customer in writing after an order is placed and before the goods or services have been delivered.

 

You must tell them:

 

details of what they have purchased

the total cost

arrangements for delivery

the minimum duration of any contract and arrangements for terminating the contract

how and when they can cancel an order and who pays for returning goods

an address where complaints can be sent

any guarantees or after-sales services you offer

conditions for terminating contracts

any helpline call charges that are more than calling an 01, 02 or 03 number, or a mobile or free number

There are extra rules if you’re selling online or selling overseas.

 

Sale of Goods Act

All businesses that supply goods, including online and distance sellers, must follow the ‘Sale of Goods Act’.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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