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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Very & unopened hair extensions and my statutory rights **RESOLVED**


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Hi everyone. I wonder if I can get some advice, as I do believe my statutory rights are being violated, but am not a lawyer.

 

I purchased some hair extensions on Very.co.uk and it stated the following message on the product page:

 

Non returnable under our Approval Guarantee, once installed or connected.

 

I received the product in a brown postage box and the extensions were inside within a sealed plastic bag. I could see that the hair was not the colour I wanted, so I returned them in their sealed packaging with the seal intact. They were not installed or connected, so should have been returnable according to the sites description

 

A few days later, they were returned to me with a charge claiming they were not returnable because the seal had been broken. I double checked the product and the seal on the bag is still intact, so I wrote to them for clarification with photos.

 

The lady I have been in communication with is very vague and simply said: "I am advising that the seal on the box cannot be removed due to health and hygiene reasons . There is a see through strip on the box so that the item can be viewed from there ."

 

The only box that exists is the outer postage box, and there were no holes or otherwise on this.

 

it seems that I was not allowed to open the outer brown box that the product was sent in,

but this is silly as I couldn't verify the contents without opening that box.

Nor were there any markings to suggest that the return would be void if this was opened.

 

What are my rights here?

 

 

As I said before, the plastic bag around the hair is still sealed,

and the hair is within another plastic wrap and cardboard backing within that one.

The only broken seal is on the postage box itself.

 

I'd appreciate any assistance. Thanks

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They are talking rubbish. What is the value of the item?

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This is what I thought too. Thanks. It's worth £135

 

The lady who I'm communicating with seems to be in the middle and only provides one line and vague responses. I still have no clarity as to what specifically is the problem. I've requested a detailed account of the reasons why the return is refused, so I hope this will be cleared up soon.

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I suppose that you paid with a card. I suggest that you ask your bank for a chargeback.

Failing that, begin a small claim in the county court

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It's on credit with Very. I've not paid for it, but the cost has been added to my account as an outstanding balance. I've just managed to get my credit score back in order after 4 years of hard work, so I'm really protective towards it. If I pursue a claim, which seems to be logical, I just want to make sure I protect my credit.

 

If the customer service rep gets back to me without a solution, should I mention small claims? Could I suggest the amount be put on hold pending an investigation?

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Hi Everyone. Thanks for all the responses.

 

Unfortunately, the customer service rep is refusing to provide further information. This is the recent message after I requested a detailed account of the issues...

 

Thank you for your email

 

I can only advise you what the returns centre have said and they state the seal has been broken

 

***RCOMP1 INSPEC 4EQR6 0/0 06.11.14 RTC CHARGE APPLIED***L8 ?BEAUTY WORKS CLIP IN*NON RETURNABLE ITEM, AS SEAL HAS BEEN ?N BROKEN, NO REASON FOR RET.

Regards ?

 

I can write back and reiterate the fact that the seal is not broken, but I have done this 4 times now and provided photographic evidence which the rep has accepted. I just don't know what more I can do with this person as she clearly isn't using any common sense to assess this case.

 

A company of this size, you would think that they would be more helpful. It seems like every email has landed on deaf ears.

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I have just sent this final email before pursuing other avenues.

 

Dear Ms Mullen

 

I write to you with reference to your email below and our emails preceding it.

 

I have sought legal advice with reference to this matter and it is advised that under the Distance Selling Regulations, a customer has the right to return items within 14 working days from delivery providing the customer has handled the goods in a manner that does not diminish the value of the goods beyond what is necessary to establish the nature, characteristics and function.

 

As I have reiterated on several occasions throughout the course of our correspondence, the seals on the product itself are still intact, and I even provided you with photographic evidence of this on the 19th November. In response to this, it was suggested "I do believe it is the seal on the cardboard box that is in question .”

 

Once I questioned this, the response I then received reiterated "I am advising that the seal on the box cannot be removed due to health and hygiene reasons . There is a see through strip on the box so that the item can be viewed from there .”

 

There was no viewing hole the cardboard mailing box, and the plastic wrap around the extension remains sealed. As such, the refusal to allow my return based on the postage box being opened is clearly a violation of my consumer rights as opening this outer container constitutes what is necessary to establish the nature, characteristics and function of the product in question.

 

I expect this item to be returned and refunded as soon as possible and, in the instance that you cannot personally help me with my claim, I would request that you forward this email onto the person who does have the authority to assist appropriately.

 

If there is no resolution forthcoming, I will be forced to take this matter up further with the Trading Standards, and small claims, who I am sure will be very interested to learn of this incident.

 

You may, of course, view the standards yourself at the following address: http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=*badv710-1001.txt#tsi5

 

I trust you will respond promptly.

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This is the response I have received

 

Distant selling can only be quoted within the first 14 days of receipt in writing or by email.

 

It is now day 15 therefore we cannot accept Distant Selling in your case .

 

 

I've sent a complaint to Shop Direct and Citizen's Advice Bureau.

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That is not correct of course, as you first returned it well within the 14 days! you don't have to quote the DSRegs. It is a statutory right!

when you buy things on line, the reason you can return is after due inspection of the goods ( i.e. examining after taking out of packaging as you would if purchasing in a shop ) it was not suitable.

 

 

Suggest you try again and remind them that you did return well within the 14 days, and you had the right to examine the goods.

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In that case you will have to start court action.

Now you should send them a letter before action or you will take them to court and give them 7 days to respond, then start a claim on line (MCOL ). that may make them see sense?

you have a very strong case with legislation on your side, but nothing is guaranteed!.

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I really appreciate everyone's input on this. This forum has helped me so many times over the years.

 

I have good news. My complaint to Shop Direct (Very HQ) worked out successfully and they have overridden the returns decision and have booked a collection of the item for Tuesday. No apology or anything, but at least it's all sorted out.

 

This experience has made me realise how insecure shopping over the internet is. Although we have rights, it may be time consuming and expensive to act on them if a company abuses them. Had this not have been sorted out, I would have probably let it slide and forked out the cost of the product rather than spend time on court proceedings, and some companies probably bank on that. Lesson learned.

 

Thanks all.

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