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    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
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Ninja2111

Nikon Camera 3 months old - forced to pay extra for a replacement ***Resolved***

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Hi all, I wonder if anyone can confirm or deny this please.

 

I bought a Nikon camera on 22 July 2014, everything was great until last week (27th Oct) when we were on holiday, the camera would turn on and all functions worked fine except there was nothing on the screen when taking photos and all photos taken were solid black, similar to having the lens cover in place - but it wasn't.

 

Upon returning from holiday I searched for the receipt in order to return it to our local Argos store, whilst I found everything else - box, instructions, CD etc I could not locate the receipt.

 

Luckily (or so I thought) I had paid for it via my Argos card, so I printed off the statement showing the date although the price was more than the camera as I also made other purchases at the same time, I also printed emails I had received showing my reservation details.

 

I took all the paperwork and box etc to my local store, the store manager stated that as it was a Nikon it *must* be sent away for repair and for that to happen I *must* provide a receipt! Because I had purchased the camera at another store my local store could not pull up a copy of the receipt and after disappearing for 20 minutes he returned to state he could not get through to the other store for them to fax a copy through but he had an alternative on this occasion..... He would replace it with one from stock!

 

Excellent I thought, but then came the kicker - there where none in stock within a 60 mile radius, I showed him on my phone that whilst they didn't have the same colour in stock they actually had one of a different colour - exactly the same camera, specs, accessories etc just black and not purple. For this he wanted another £20 as it was priced at £20 more (£119.99) than I had paid (£99.99) (the web page for the new black model did state that the camera had been sold for the lower price of £99.99 in the previous 6 months so this in essence was a price increase).

 

I was left with either paying the £20 or spending the around same amount in fuel to make the 120 mile round trip to pick up one of the same colour. To make things more confusing he stated the original purple colour camera was actually now priced at £84.99, when I asked if I would receive a refund of the difference he laughed....so it's ok to charge me more when the price had increased but not refund when the price had decreased, win win for Argos.

 

Normally I would just take the hit but something about the managers smug attitude really got my back up - £20 is not a lot but as a matter of principle I don't know if this 'supplementary' charge should have applied.

 

Can anyone shed any light if they are allowed to do this?

 

Apologies for the long winded post but I like to get all the facts out in one go ;)

 

Many thanks

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the store can repair, replace or refund, the choice is theirs. If they want to sod about over a replaceent you are then going to have to accept one of the other options and as they wont send it back for repair without a receipt (no legal standing on this silly reason then you are entitled to a refund.

Get a complaint in writing in to the store manager and copy to head office giving them a week to respond or you will make a complaint under the SoGA to reading standards and anyone else you think applicable.

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try speaking to Nikon directly and tell them what a shower Argos are and ask if they can help resolve the matter.

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the store can repair, replace or refund, the choice is theirs. If they want to sod about over a replaceent you are then going to have to accept one of the other options and as they wont send it back for repair without a receipt (no legal standing on this silly reason then you are entitled to a refund.

 

Get a complaint in writing in to the store manager and copy to head office giving them a week to respond or you will make a complaint under the SoGA to reading standards and anyone else you think applicable.

I always thought that you don't need a receipt, but only proof of purchase (bank statement etc.)

They can trace their transaction a receipt with time, date and store id where the camera was purchased.

Then, if within 6 months, under soga, they have to prove that you broke the camera and it was not a manufacturing defect.

The onus is on them, not on the buyer.

Also the option of repair, replacement or refund is entirely up to the buyer.

So if the op wants a refund they must give it to him, unless they can prove that he damaged the camera.

And they have to refund the original price paid.

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Argos haven't gone bust, there is no reason to speak to Nikon directly.

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Mr John Walden

Managing Director

Argos

john.walden@argos.co.uk

 

try speaking to Nikon directly and tell them what a shower Argos are and ask if they can help resolve the matter.

Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hey all thanks for the replies, after posting I emailed Argos and have just had a phone call from Customer Services. They are refunding the difference I was made to pay and are ringing the store manager to remind him of the correct procedure. - Result!

 

Thanks again :)

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Well Done Ninja.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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