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    • I purchase an OPPO Find x2 Pro phone from John Lewis online. The website stated that the phone came with a pair of B&O h4 headphones worth £200 at no extra cost via redemption. When i tried to claim the headphones from the OPPO site it was rejected and I should contact John Lewis. I did and my case has been passed between departments with a few deadlines for a response which were not met. Until today i was assured that the offer would be honoured, however they are now saying it is my faulty as if i had read the terms and conditions I would have seen that the offer ended 31/3/21. The website is still offering the headphones. They are now refusing to state whether I will or will not get the headphones and when they will be able to give an answer.    Could anyone tell me my legal position happy yo provide further details 
    • Hi all,   Apologies if this sounds drastic, but i'm a major stress head and it's setting off my anxiety in all honesty so I just want to double check with all that i'm in a secure position.   Upon gyms reopening, I signed up to David Lloyds on the 12th of April. I felt a bit pressured into but the sales representative I spoke to said that I can cancel my membership within the initial 2 weeks if I feel that the club isn't a good fit. So anyhow, as an idiot I agreed. Nevertheless, the next day I decided that perhaps it's not a good move for me financially and decided to cancel.   After ringing David Lloyds several times and being told they would get someone to call me back several times they never did. After calling in again and speaking to the actual woman who sold me the membership she said no worries they'll get it cancelled but only her senior member of staff could do so, and at that time she's not in so she would call back tomorrow. So at this point alarm bells start ringing and having seen a lot of the atrocities and bully tactics online, I decided to put it in writing both in an email and through their app referencing section 5f of their T&C's, and then forwarded on the email to their sales team aswell as their branch. I did get a generic receipt email for both the first email and forwarded email, but there is no tie to the email I sent myself implicating that it is in response to that (other than the fact the time stamps are at the same time).    The next day, it's 6pm and I hadn't received a call. So I called again and kicked up a fuss speaking to the same girl, to which she said look there isn't going to be an issue it'll be cancelled and she'll send it to me in writing. I got the email in writing from her (the email address was affiliated with David Lloyds and it did show her job title) saying that my membership is cancelled within the 14 day cancellation period which was a massive weight off my shoulders, but upon further inspection there was small print at the bottom saying that the opinions are solely of the individual and that David Lloyds accept no responsibility (not sure if thats generic or something that will bite me in the ass down the line). I hate to be a pessimist, but I am extremely cautious that upon the end of the month i'll be charged and they'll pretend to have never received nor cancelled my membership officially and the initial 14 days cancellation period will be over. Having had a look, my David Lloyds account is still active (to the point at which I can book classes) but i'm not sure if this is something that closes at the end of the month as it does say something to that effect in their terms and conditions.    A link for the terms and conditions is found here: https://www.davidlloyd.co.uk/-/media/david-lloyd/files/uk-terms-and-conditions-october-2019-v2.pdf   I was hoping you guys could give me your insight as to whether this is secure enough to provide myself protection as I cannot risk getting a damaged credit rating (I am a worrier as you can tell). I have provided all the necessary screenshots attached.   H
    • as for cap1 there are letters to use in the debt collection section of our library inc your fees spreadsheets. i doubt cap1 will bite though.   is the OD still with halifax?    
    • Filling out the defence but stuck on this one:   3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met]. Only include the above paragraph if you have checked the POFA and can refer to the specific paragraphs which have not been complied with. Otherwise delete it. Do not forget to renumber the remaining paragraphs.   Have they complied with PoFA 2012?
    • The contract you posted does not refer to any price increases but nor does it explicitly indicate it is a fixed price.   The summary section of Virgin Media's terms found here states the following:     Section N of Virgin Media's terms and conditions indicate that you have the right to cancel if they change the price of your contract, which Virgin Media reserve the right to do.   The same terms and conditions also indicate you should be notified of any price increases before they are applied to your account.   It appears VM indicated the price would change in January so the qualifying period to cancel was up to 30 days after notification of the price increase. I am unclear as to why VM referred to a 3 month cooling off period as I can only find reference to a 14 day cooling off period once a contract has been agreed.   Cancelling the contract at this stage does appear to imply an early termination fee is owed unless it could be clearly evidenced the contract was mis-sold or that VM are in breach of the contract for example by not providing the advertised speeds.     Slick's suggesting to find evidence on your account indicating the contract is fixed wold be very useful as unfortunately none of the communication that has been posted refers explicitly to a fixed price contract.   One option would be to raise a complaint as suggested by slick132, which is unlikely to result in any action in time to prevent the higher direct debit being collected. If the complaint remains unresolved for a period of 8 weeks or a deadlock letter is produced you could then take the same complaint to the Communications Ombudsman. VM are likely to make every stage of the complaint process cumbersome but while the payments continue would have no grounds to move an account to collections or mark a credit file.     The second option, provided there is sufficient evidence to clearly show the bill (considered by VM to be a debt) is unsubstantiated, is to remain in control of such payments and cancel the direct debit when there is a disagreement in order to not immediately be forced to be out of pocket and in the position of having to demand a refund.   In my experience companies can be more responsive when they think you owe them money, than the other way around. This is likely to entrench the company's position and is usually followed by several threatening e-mails designed to cause alarm about accounts being referred to collections and the threat of having credit files being marked.   While marking a credit file may affect the consumer it also carries risks for any company that incorrectly marks a credit file as people have successfully claimed against companies should it affect the obtaining of credit in future.   Provided there is jusitification, indicating to VM that their claimed debt is unsubstantiated and in dispute should result in a halt of any collections procedures until the dispute is resolved.   As a show of good faith you could continue to pay what you think is owed until the dispute is resolved, this would significantly reduce the amount that is in dispute.        
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    • 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.
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    • 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
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Hi,

 

I have done all the other stuff against Citicards in that I am now at the stage where they have made me an offer of £208. I am claiming £470 in total including interest (£60 is interest).

 

I am going to send a letter saying I refuse this amount and am proceeding with a court case.

 

Is this the right course of action or should I take the £208. I am more than willing to go to court.

 

Thanks for your advice

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Hi Skee

yes heres a letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

adapt it to your own needs and send it recorded then sit back and wait for mr smifff to get intouch.

 

AL.

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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