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    • That's great news and thank you for letting us know. I'll amend your thread title. HB
    • Ironically, 2 weeks after no updates the parcel has been located and delivered today!! maybe the Evri system is not as bad as it used to be (for me, at least...). Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards! Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".
    • Hi all. Just posting this for other users to take note of. We ordered some furniture from NCF Living in Hull and subsequently cancelled (before delivery) because of poor customer service. They now want to charge us a cancellation fee. (Fat chance). As a little background, they offer immediate delivery (7 to 10 days) on a lot of their products, because it's already manufactured and sitting in a warehouse somewhere. We ordered such an item. 18.5.24 Order placed and £190 deposit paid on a debit card. (0% finance on balance) about £2,000. Arranged them to hold for later delivery, 'cos we were about to move house. 01.06.24 Went into store after house move to fill in their "change of address" form for delivery. Problem: Finance company needed proof of adress. 02.06.24 Went back to store with Solicitor's letter from conveyance process. 06.06.24 Heard nothing further, so went back to store. The evidence had already been approved, but they hadn't told us.A printout of the file was made with notes at the top for store manager get in touch and arrange delivery. 24 .06.24 After an intervening holiday away, we'd still heard nothing, so went into the store to cancel. We were told that "admin" would be in touch within 14 days about the cancellation... Huh?! Asked for contact details of "admin" so I could call them direct (you should ALWAYS keep control of comms), but were told they had none. Went home and did a very painless chargeback for the £190 deposit. (Thanks Co-operative Bank). 25.06.24 Sooo, the day after cancelling, I get the first contact from them ever, trying to arrange delivery! Short summary of the conversation. Me: I cancelled the order yesterday. NCF: I know. Me: So, you've got a cancellation in front of you, but you're trying to make a delivery..? NCF: Well, if you want to cancel, there's a cancellation charge. Me: What costs have you incurred? NCF: We had to order the furniture. Me: It's "immediate delivery", so it's just sat in your own warehouse. NCF: We had to hold the order until you requested delivery. Me: So, it's stll sitting in your warehouse... What have you lost? NCF: You can't just cancel an order without paying the cancellation fee. Me: I just did... Yesterday. Goodbye. I've now emailed their customer services, confirming the cancellation... We'll wait and see... As a side note, there was a retired gentleman outside the store yesterday, buttonholing customers on their way in, warning them not to buy anything there. Apparently, he'd been parked there every day for 3 weeks. He paid £2,500 for a bed which had numerous faults. He was having problems getting a refund, so set up camp outside, to try and get some action. They have had the police visit him 5 times so far. He just explains that this is a civil dispute and they leave. He also showed me a laughable "banning order" that onsite Security have issued him. He said they were quite friendly and sympathetic when he told them the story and said it would probably take several months to go through any possible Court process to evict him. Anyway, I've referred him here. Don't know whether he'll turn up. I'll post further if NCF start playing games.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Will this become a persistent issue, threats to Enforcers


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Another from Scoop where a bailiff/EA has been threatened, this time with a gun:

 

.http://www.getsurrey.co.uk/news/surrey-news/man-released-bail-after-bailiffs-7929055

 

It seems that more people are unhappy with the Enforcement industry, and is this a growing trend Thoughts?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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This is very worrying and sadly will end up causing problems for others who are going to be victims of the "Enforcers".

 

It is ironic that after years of intimidating and threatening behaviour from Bailiffs - they are now feeling the same way.

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I think this has always happened, but the EA's now take the threats more seriously, so will report to Police.

 

At some stage EA's will get seriously injured or worse. At that point I would think that some EA's will think whether they are getting paid enough for the risk.

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Not making an excuse for what their jobs entail but you can understand why they think it justified when the government tell them it's an essential service they provide for the country's good law abiding citizens who do pay their debts with the message reinforced with the reward of being permitted to rifle through the pockets of the poorest of society.

 

A bit off the topic really I suppose, but the people responsible for the reason EAs exist are the ones kept safe in the houses of parliament who don't have to deal with the real life consequences of their policies.

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Not making an excuse for what their jobs entail but you can understand why they think it justified when the government tell them it's an essential service they provide for the country's good law abiding citizens who do pay their debts with the message reinforced with the reward of being permitted to rifle through the pockets of the poorest of society.

 

A bit off the topic really I suppose, but the people responsible for the reason EAs exist are the ones kept safe in the houses of parliament who don't have to deal with the real life consequences of their policies.

 

But debt collection has gone on for hundreds of years. I suspect if you went back 60 or 70 years ago, you would have had bailiffs kicking down peoples doors and saying pay up or they would take items from the house. Atleast now politicians have passed laws which control bailiffs actions and confirm citizens rights.

 

Going off topic, I think that if government tried harder to collect tax that should be due from business, they would not have to bring in things like bedroom tax and we may not have thousands of food banks. Businesses escape paying tax and also don't pay a living wage, therefore government brings in tax credits and food banks are set up. I think the current estimate for business tax avoidance is £35 billion a year.

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Going off topic, I think that if government tried harder to collect tax that should be due from business, they would not have to bring in things like bedroom tax and we may not have thousands of food banks. Businesses escape paying tax and also don't pay a living wage, therefore government brings in tax credits and food banks are set up. I think the current estimate for business tax avoidance is £35 billion a year.

 

 

Think that should be amended to read big businesses as I well know what I pay, the penalties if I don't & don't get me started on trying to get back what is owed by HMRC.

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Think that should be amended to read big businesses as I well know what I pay, the penalties if I don't & don't get me started on trying to get back what is owed by HMRC.

 

HMRC are ripe for a bailiff visit, now which company will sue them and get a CCJ for that unrepaid overpaid tax?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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you cant sue HMRC, they have crown immunity, which is why they treat people like dirt and never admit they are wrong until they are publicly humiliated.

I think you will find they are subject tio the Human Rights Act and the Europeanb Convention on Human Rights, and those trump Crown Immunity, but yes they are virtually untouchable sadly.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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