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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!! So 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.
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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NPOWER Not charged for gas for 2 years and overcharged 6000 units on final electric bill


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Hi

We closed our account with Npower in april this year.

Before closing we were informed that we were £300 in credit.

 

2 weeks ago we received a final bill of £1577.24

When I spoke to the operator he informed us that we hadn't been billed for gas since sept 2013.

 

 

I questioned this and suggested that even if this was the case we had been paying £100 per month

and that this should have covered close to what we were using.

When I was also surprised as our meter was read by a reader on christmas eve.

 

I then enquired about the excessive electricity costs.

The operator said that the meter was read at 12150 when in fact the final reading was 5958.

 

We have now received another final bill for £873.81.

 

 

I am also think this bill is a bit dubious as on the same page it states that our estimated duel fuel consumption this year would be £1150.

 

We are at a bit of a loss as to where to start with all this.

I have no way of checking their facts and charges and

I'm also extremely unhappy that they (and for that matter I) haven't noticed that we haven't used any gas for 2 years.

 

I just get the feeling I'm being shafted and would be really grateful for any help from someone with a bit of experience in this area.

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I am in the same situation, although slightly different reasons how I got there.

 

 

They took DD for all my payments,

then one month changed the bill to £1500 saying that they had not done the bill right.

 

 

Short answer is get all the info off them about how they managed to cock it up

and then do a data subject access request (cost £10)

but they have to send all the info they have.

 

 

Its a long road and you will be pulling your hair out, but dont let them get away with it.

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Good advice from Markie G - although, Markie please would you start your own thread and we will help you there.

 

I'm afraid that exactly these kinds of facts are not at all new.

 

As advised, you should start off by sending a subject access request.

 

Also start assembling all the information that you have. Read our customer services guide. Implement the advice fully and then start making a few telephone calls to npower so that you can record the variety of stories that will probably be given to you.

 

When the data disclosure finally arrives then you will need to spend considerable time going through it and understanding what is there and more importantly what is missing. Assembling all the information you have at the moment will help you to understand what I be missing.

 

It is entirely possible that either the data disclosure will not be made within the statutory time limit of 40 days – or if it is, that the disclosure will be him complete.

 

Either of these eventualities would be a breach of their statutory duty and you would add this to your complaint. If they have failed to comply with their Data Protection Act then this at least is an automatic win in a County Court small claim

 

In the meantime it would be helpful if you would post on your thread a careful bullet pointed chronology of everything that has happened.

 

This will help us to understand it and it will also help to crystallise everything in your mind.

 

Make no mistake about it, you probably will end up starting a small claim in the County Court. If you really want to avoid that then you can consider going to the regulator but this is likely to be unhelpful, long winded and very frustrating. It is not at all transparent. We have found so far that once the County Court documents are issued then it produces a far more focused response from npower – although not immediate solutions as even in their litigation they seem to specialise in obfuscation and getting their facts wrong.

 

Npower is a total shambles and although they received a warning from the regulator last year, it seems they have managed to deceive him into letting them continue their business as usual.

 

By the way, are you aware of the back billing rules? I believe that if through their own fault they failed to bill you then they are not permitted to seek repayment of any money older than 12 months.

 

Maybe somebody will be kind enough to post the link to these rules on this thread

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Thanks everyone. This is really helpful stuff. Just getting on with SAR now. Will post up a chronology later when I get a response and have a bit more time.

Thanks again

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I suggest that you send the SAR accompanied by a cheque rather than the postal order. It is much easier to keep tabs on the cheque and to know exactly when it is cashed and also to obtain a copy of it from your bank

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