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    • And I'm sorry, you're going to have a rough time of it this morning. On at least two or three occasions, either I or my site team colleague have advised you to give a period of notice to the window company – and I even suggested in one of my most recent posts that a period of notice would be essential in order to satisfy the courts. Despite this, you appear to have sent a letter giving notice of immediate cancellation of your contract. I really have no idea why you come here and ask for advice, and get advice – similar advice from several experienced members of the site team – and then you proceed to ignore the advice and do your own thing. You absolutely need to disengage from this company. They are giving you the runaround and frankly considering you are a paying client they're treating you with contempt. By sending the letter you did, not only are you prejudicing your own situation but you are making it clear that you don't know what you're doing. If you follow the advice we give, then you will create the impression that you are in control and competent. You will have to send them another letter. You must give them notice. Even though they are clearly in the wrong and even though there is clearly something very fishy going on, you will have to make time of the essence and give them reasonable notice. I suggested seven days – you have even now used up some of that time by giving them a letter of immediate cancellation and not a letter of notice. I think you should now send them a letter informing them that unless you have a definite agreement within seven days that the work will be completed at the end of 14 days, that you will consider that the contract is terminated by their breach. Tell them that despite any written terms and conditions, it is clearly an implied term of the contract that it will be carried out within a reasonable time and that your patience is exhausted. Tell them that once you cancel the contract, they can take whatever action they want to recover any administrative fee that you won't be paying. If you're the fact that you tend to go off on your own and not follow advice, I think it would be a good idea if you put the letter together and then post the draft here so that we can check it. Slapped wrists? – Yes definitely.
    • In terms of asking us whether or not providing us with the documents we need in a certain format is important, – yes it is important. I'm very sorry but we put in a lot of work for people here and we do it all for free. We need people to provide material that makes it easier for us to help you. We use a standard Internet system – and at the very least, we expect people to have the necessary equipment, for instance a scanner, and some kind of computer to be able to engage with us. We also expect people to have at least the computer skills to be able to provide the documents we need in the format that we need. 10 or 15 years ago this might have been an unreasonable ask because the technology was much newer and not so well established and understood. Things have moved on and I think it's essential for you to acquire the necessary skills – they are not at all difficult – to be able to engage with us – and also anyone else with whom you have dealings on the Internet. I imagine that you don't have a scanner but for about £49 you can get an excellent one from Currys PC World and I think you should do that. Please remember that you are receiving advice here which might normally be charged at £300 per hour. All we ask you to do is to get scanner and you will find that it is really very easy and you will then acquire transferable skills. It is a win for you in every sense. You will have the scanner for years.
    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I bought an item on ebay, and it did not turn up.

 

I asked the seller to track it, and the seller got back to me to say that the item had been left with neighbours, but the courier was unable to state which neighbours.

 

None of the neighbours had it.

 

I therefore wanted a refund, and had to put in a buyer protection claim.

 

Ebay refused to refund me, as the item was delivered within the "allowable distance".

 

I was utterly gobsmacked, I have confirmation from the seller that the item was not delivered to me, and yet ebay say that because it was delivered somewhere close to my house I am not entitled to a refund?

 

The amount of money involved is small, too small even for the small claims court, but the implications are huge. This was a cheap item, but I have been relying on buyer protection when I buy expensive items. Ebay appear to have changed the rules, if the item came somewhere near your house, and the courier can prove that with GPS, you will not get a refund - even if the courier and the seller both state that the item was not delivered!

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It should be signed for, to confirm it was delivered. No signature then no prove it was delivered., however it has been known for couriers to sign it!

Also the courier or postie should have left a note telling you the house no.it was left at.

And they should not do that unless specifically agreed they could do that.

Have you checked they do have a signature?

If you do not wish to take seller to court then the only thing to do is give bad feedback!

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They have a signature.

 

Apparently, the neighbour shares my name as the signature is in my name, despite the tracking showing that the parcel was left with neighbours. The house number where it was left, and the signature, are illegible.

 

 

There was no card left.

 

 

 

My main concern was actually that the ebay buyer protection has been changed, from the advertised "your item or your money back" to be a "if the item was delivered within a certain radius of your house we won't pay".

 

That means that there is no cover for items left in the garden and stolen - the courier GPS would show they were near the house. Neither is there any cover for items left with neighbours that then vanish, or the item handed to the casual stranger in the street.

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I don't think eBay have changed their policies at all.

 

They simply look at the online tracking - if it states delivered and it's been signed for its enough for them. You case is with the seller who should then take this up with the courier company - after all is said and done the seller paid for the service and the contract is with him.

 

If you can prove non delivery you are entitled to a full refund. You simply have to decide if it is worth the hassle of pursuing a claim against the seller. If it's only for a few pounds it's probably not worth the effort or expense simply to prove a point - but that's up to you.

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The online tracking does not state delivered, it states left with neighbour.

 

The seller confirmed, through ebay messages, that the item was delivered to a neighbour, ebay CS read that message to me.

 

They have also looked at GPS (I assume), and decided that the courier was close enough.

 

If the courier was near your house at the time they state delivered that now counts as proof, and I feel that is not good enough.

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You say cost is too small for a claim at court but I don't believe there is a lowest limit, clearly you would have to pay a fee but this could be recovered if you were successful, if the courier (or the ebay seller) cant actually give an address it was delivered too this would be favourable for you to win.

 

Id be tempted to go down this route, send a letter before action first.

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Sending a letter before action requires paying out for postage, and for such a small claim it really is not worth it.

 

Email Before Action then :)

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Do you know what courier was used - might be worth naming them !

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The courier used was UK Mail.

 

They must have an arrangement with ebay where ebay can see more tracking than the normal consumer, as the CS rep was able to see that the courier had been within an "allowable distance". There is also a house number where it was left, this is not readable, a signature, not readable but the courier has filled in that it is signed for in my name. (How likely is that, when it was left at the neighbours?).

 

The seller confirmed all of the above to me, and to ebay.

 

 

I am still amazed that ebay can change buyer protection to be "allowable distance" even when there is evidence that the item was not delivered.

 

 

Rather more seriously, I have the buyer protection claim denied on my record. Ebay have never stated what the implications are, but I suspect that it is treated as a potentially fraudulent claim, so I am more likely to be turned down in the future.

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Update - I have had a refund from the seller.

 

However, it still leaves me with no confidence in ebay, the seller did not have to refund.

 

 

Ebay without buyer protection is not safe, there is no way of getting the sellers name and address unless it is on the listing, ebay will only give the phone number and town.

 

It also leaves me with the "false" buyer protection claim on my ebay record.

 

 

I have learned my lesson, don't buy via ebay unless you are prepared to gamble on whether you get your item.

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Whilst I understand your frustration, millions or purchases / sales are made on Ebay every year, the percentage of complaints appears to be comparatively small.

 

The seller has probably refunded you in order not to have negative feedback themselves.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ultimately it's not the sellers fault the courier didn't do his job right. However how they handle your complaint is their issue. You got refunded so thats the main thing, most wouldn't bother.

 

You can get a sellers details even if they are not listed on the page. You need to click the 'request sellers details' link somewhere on ebay, i forget where.

 

If you want to fire a complaint to UK Mail then this is the guy - guybuswell@ukmail.com.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Paypal buyer protection is still available, although I understand that your (and my) concern is that the Ebay response described appears to be entirely unreasonable.


Handcock alleges there are 240,000 tests every day - Yet figures show only 60-80,000 people a day are tested

... So whats happening to the other 160,000+ tests a day?

Why the populist problem with customs checks to cross the Irish sea to meet International agreements and Law

... when Johnson is happy to implement Border + Visas to access Kent?

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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If you "pull" the sellers details you get the town, and a phone number.

 

You no longer get the address. The phone number is permitted to be a mobile, ebay no longer insist on a landline being provided.

 

Of course you could phone the seller and ask for their address, but I can't see that working.

 

It used to be possible to get the seller address by ticking "cheque" during check out, then paying by paypal, but most sellers only take paypal now.

 

Ebay have always argued that buyers don't need the seller's address, as buyer protection is there to protect them, and ebay will get the money back from the seller.

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