Jump to content


  • Tweets

  • Posts

    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3324 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Recently I was involved in an incident in a well-known high street supermarket. I was embarking on a journey and felt in need of refreshment, so I entered said supermarket. There was quite a queue, but the automated machine was free and as I only required a soft drink I used it, placing in the exact change, item on bagging area, etc. All went well except that I did not get a receipt. I thought at the time that not having a receipt was not a problem, yet on leaving I was accosted by the security guard who asked if I had paid for the item. I said yes. He asked me if I had a receipt, I said no the machine did not issue a receipt. He instructed me to return to the machine, and I realised I was on the verge of being apprehended for shoplifting. As I was on a tight schedule I started protesting, loudly but firmly, because I wanted everyone in the queue to realise my innocence. "Why is it my problem if your machine doesn't work?I have places to be..." etc. They refused to answer this, never once directly accusing me of shoplifting, though this was the obvious implication. First the security guard messed with the machine, said something about the receipt in the machine which was from a previous transaction (the inference that I had stolen still ongoing) and then he called the manager and returned to his post. The manager then proceeded to mess with the machine. All the while I was loudly-but-firmly asking why exactly this was my problem and I had somewhere to go etc, was not being answered or directly accused of shoplifting, no doubt as they had been trained not to do so until they had me bang to rights. This went on for several minutes. Then the manager gave me the soft drink and said "that is yours now you can go." I said, "that's it is it? I get accused of stealing and that is all I get?" He said "no one has accused you of stealing sir" and I pointed to the security guard and said "Him! He accused me of stealing!" And then I went over to the security guard and took his name. When I got home from my evening's entertainment I wrote to the supermarket head office. All I got out of them was the apology I should have got (but didn't) from the manager and security guard. What is my legal standing on this? Am I obliged to take a receipt? What if (as in this case) I didn't get one? I have asked why exactly the security guard unneccessarily placed me under suspicion but have yet to recieve a direct reply!

Edited by ClarkGwent
too much data revealed
Link to post
Share on other sites

No, you are not required to take the receipt (although in this case it may have been good practice to alert a member of staff to the fact that the self-serve had not issued one), and the store security should have done nothing unless he had observed you to have not paid for the item. A suspect should be under constant observation from the point of concealment and through the pay point without paying before apprehending, and clearly he did not do this as he would otherwise have seen payment being made.

 

Unfortunately you can expect little apart from an apology and this should have been made at the time rather than through their Head Office, but sadly demanding that the security guard is sacked would probably not work, however warranted that may seem!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Thank you. Such was the extent of the queue at this time that I couldn't really ask for a receipt/alert the staff as this would have been perceived as impolite, as queue jumping. I have been assured that said security guard (who works for a private firm employed by the supermarket) will not work in that supermarket again, though he has probably not been sacked. I still don't think this is enough and am taking the matter as far as I can, for what that's worth.

Link to post
Share on other sites

Thank you ArtisanUK. No to the first yes to the second. I was detained via the temporary confiscation of my purchase. Also I was misled by the head office in their replies on two counts:- that the security guard was within his rights, and that I was not entitled to request the CCTV footage. They have reneged on the 2nd but not the 1st.

Link to post
Share on other sites
On edit make that "No" to the touching a "perhaps". Certainly not forcefully, but then I am a well-built fellow.

I do not believe he would need to have touched you forcefully, as common assault may happen when there is no physical contact at all; it may suffice that you believed at the time that you were about to be struck or that you were about to be manhandled if you did not comply at once with the orders of the security troll.

Link to post
Share on other sites

Sounds like number 13 of the Dos and Dont's is if no reason is given why you should return then ask why and keep on until a reasonable explanation is given. There should be no reason to return whilst someone "checks things out" - either they are asking you to return because they believe that a crime has taken place or they let you go.

Link to post
Share on other sites
Sounds like number 13 of the Dos and Dont's is if no reason is given why you should return then ask why and keep on until a reasonable explanation is given. There should be no reason to return whilst someone "checks things out" - either they are asking you to return because they believe that a crime has taken place or they let you go.

Exactly.

 

One should also point out that "Because I say so" or "Because it would be better discussed inside" is not even approximately adequate.

 

I wonder what the security goon would have done - given that most of them are delta-minus semi-imbeciles - if one had protested loudly at being accosted, declaring in a loud voice, "I don't care what you say, I will not become your gay lover!"

Link to post
Share on other sites
  • 4 weeks later...

So far:- I have requested the CCTV footage and it is conspicuous by its absence. I asked the Customer Services of said supermarket chain for email of their legal dept., and they claimed that their legal dept did not have an e-mail. Which seems a bit C20th of them! I told them I did not want to phone their legal dept because I wanted a written record of all communications.

Edited by ClarkGwent
misprint
Link to post
Share on other sites
  • 2 months later...

Continued obfuscatory behaviour. Woman I was originally dealing with carried on with her nonsense, so I asked to be referred to her superior. He too carried on with said nonsense, stating that security guard had right to challenge me, that I had no automatic right to CCTV footage. I abandoned the correspondence for @ 1 month due to personal circumstances but have now looked at his last email. Pathetic amount of vouchers offered in compensation which I have now said I may just reluctantly accept but without prejudice and do not consider the matter at an end.

Link to post
Share on other sites
  • 3 months later...

I have now requested that the offer of compensation, which has been upped to £50, be sent to me. The person representing the shop/chain says "I trust this is an end to the matter" but I have not said this. The £50 I consider mere compo for the trouble they have put me to via their prevarication and obfuscation. I said this was accepted "without prejudice" in an earlier email.

 

By the way:- friend of mine, a slight youth, prone to drinking. Wandered round same supermarket a week or three ago, after drinking (thinks:-) "will buy some fags but first what is in the bargains?"....blatantly followed by security guard (not the same one). Turns to security guard "why are you following me?" "It is my job" "It is your job to follow me?" "Yes" "You are an (minor gutter expletive deleted)!" AT WHICH POINT he was collared by the security guard and manhandled out of the store. I have been saying "get the CCTV" but I don't think he is convinced. What says anyone here?

Link to post
Share on other sites
  • 3 months later...
There was quite a queue, but the automated machine was free and as I only required a soft drink I used it, placing in the exact change, item on bagging area, etc. All went well except that I did not get a receipt. I thought at the time that not having a receipt was not a problem, yet on leaving I was accosted by the security guard who asked if I had paid for the item. I said yes. He asked me if I had a receipt, I said no the machine did not issue a receipt. He instructed me to return to the machine....

 

And there's the key moment. You should have replied "Are you arresting me?".

 

They have no power to make you co-operate with their security processes - they can either arrest you and call the police, or they can let you go on your way. The aim of the store guard is to create a fictional grey area in between, where you are cowed and obedient. Don't allow them to do that.

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3324 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...