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    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
    • dx100uk - sorry for the multiple pages but there should have only been 2.  I have placed them in pdf and will upload them again. Debt Recovery Plus Ltd - 7-10-19.pdf Debt Recovery Plus Ltd - 20-9-19.pdf
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irlgeez

Opened box product & full manufacturers warranty

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Hello, I've purchased this product

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

 

after receiving it one of the first things I found was that one of the drivers does not work

and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box,

but I believe this will not be in accordance to the "full manufacturers warranty"

and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

Hi,

 

Under no legal document does it state you are entitled to a full retail product after purchasing a refurbished/open box product as a replacement.

 

 

you are bound to the product you purchased which is an opened box high b grade product.

This is clearly reflected on the price that you paid.

 

We have discussed this over the phone and there is no way we can process your request in getting a full retail product which worked out at 100+ pounds.

 

We have already offered to collect your item and replace from stock.

If we no longer have any open box products in stock we would be left with no choice but to refund the product in full.

 

Please follow up on my colleagues email to arrange the collection.

 

regards,

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

Edited by Andyorch
Correct link added

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Hello, I've purchased this product - scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box) - and after receiving it one of the first things I found was that one of the drivers does not work and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box, but I believe this will not be in accordance to the "full manufacturers warranty" and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

 

 

 

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

I think they are correct. You bought a discounted item which was in an opened box and they can replace with the same. If the replacement does not work properly, you can then claim a refund of what you have paid.


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I've asked for a legal document that states the opposite and I've got this:

 

Hi,

 

Yes you have paid for a product which should be in good condition and working order, which is why we have offered to collect your item and replace with another product from stock as mentioned earlier.

 

But mentioned earlier you will be replaced like for like. Under no circumstance you will not be replaced with an item that holds a higher value/quality rating as that is not what you paid for originally.

 

This is our only offer.

 

Regards,

 

Not sure if I'm stupid or they are.

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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck


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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck

 

Drivers will refer to some of the internal components of a headset I believe.

 

But the retailer are correct in saying that they'll replace the Open Box product for another Open Box product. I think you're being very unreasonable expecting them to replace it with a brand new sealed product that would have cost more. Why do you feel that you're entitled to this?

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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

Edited by irlgeez

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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

 

That is always a choice. I.e go back to retailer using consumer rights or approach the manufacturers to claim under the warranty.

 

You don't seem to want to deal with the retailer on the basis of getting another open box replacement and therefore you might choose the manfacturers warranty route.

 

I doubt for this type of product that the retailer is going to organise a repair.

 

I had a similar situation years ago and it would seem a shop had lots of opened boxes, because the product was getting a lot of returns for different faults. So i asked for the replacement to be tested and confirmed as in full working order. Thankfully it was.


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Thanks for the reply. Unfortunately they are the official distributor for the UK.

I wonder if it's worth contacting Audeze directly so they could hopefully authorize Scan to do a repair/replacement.

Or I could ask for an open box replacement that could be tested before they ship it out, but then I do not know if the product has 6 months of warranty instead of 36...

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You could contact the manufacturers about this situation and decide what to do.

 

Some online companies are not proper retail outlets as you might think. They may just be a big warehouse operation, where these open box products are not tested before sale. They buy the products in a large quantity for a fraction of their retail price and they don't want to get involved in repairs. They take products back from customers and may try to resell them, if at first glance they don't see anything wrong with them. I doubt they are properly tested before being sold.

 

Ask about the warranty situation.


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thye buy all of the returns from catalogues and stores like Argos so when someone sends something back it may be because it was faulty rather than they didnt want it. This means that you get an untested item which they should replace. Cosmetic damage is acceptable and if you dont want a replacement then you should have insisted on a refund. Manufacturers warranty nothing to do with anything, they sold it and they are responsible. Now you have to be clear that you want a working replacement or your money back, you cant be demanding something you have no rights to.

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