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    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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Return to manufacture - rights?


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Hi.

I'm totally sick to death of this, and wanted to know where I stand.

I'm sure a few of you will have been in the same situation at one time or another.

 

I recently bought an Xbox controller from Argos.

It was the Elite, which costs £120, a lot of money for a controller.

Less than 4 months later it's broken.

I contacted Argos and all they'll do is give me Microsoft's number.

 

Microsoft want me to post it to them at my expense, this is unacceptable for a number of reasons.

 

Firstly, I paid for a working product, I don't want to shell out any more.

 

Secondly, I don't want to be without a controller for several days or even weeks.

 

Lastly, it should not my responsibility to do any chasing around, I just want to return it to the store and get a replacement.

 

Where do I stand with this?

This isn't the first time a store has fobbed me off with this and I'm sick of it.

Posting my broken electronics to some obscure industrial estate in Europe is just unacceptable, are these stores breaking the law?

 

I'm tempted to just issue a court claim right away, but I know I have to give them a chance to fix it.

So I've sent a strongly worded email notifying them that I want it fixed,

and that I will pursue it through MCOL if necessary.

Hopefully it won't come to that.

 

I don't always go nuclear, but like I said this has happened so many times.

These large chain stores sell you a product then just wash their hands of it.

"Broken is it sir? Past 30 days, not our problem, you'll need to call this number..." etc. I'm sick of it!

 

Thoughts and advice?

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argos are wrong

it IS their problem under SOGA/CRA

and it shouldn't cost you anything

its gone wrong under 6mts.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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argos are wrong

it IS their problem under SOGA/CRA

and it shouldn't cost you anything

its gone wrong under 6mts.

 

dx

Thanks, that's what I thought. But it seems to be more and more commonplace to get fobbed off these days. I've had many an argument with an ignorent representative who believes my only option is to contact the manufacturer directly.

 

So what are my options if Argos don't play ball? Can I take them to court and claim costs? Can I charge for the time I spend on this nonsense? I'm tired of messing around with these companies and want to fight back.

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how did you pay for the item?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

DX is spot on starbug, the Consumer Rights Act 2015 is your friend here, court is your last option at the moment.

 

The onus is on the RETAILER, not the manufacturer to resolve. Argos deal with the manufacturer afterwards.

 

Google the Act above and wise up on it, then armed with knowledge, go back to the store and insist on its replacement.

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CEO Email.... FWIW, I would expect the elite to last a lot longer than what it has.

Whats the issue with your device?

 

 

I would say that the manufacturer offers a second chance to resolve this sort of issue. EG if Argos send it to "their" repairers, it may not get the same treatment as if it went to Microsoft.

If unlucky with Argos, and you just want to get it working, consider sending it to Microsoft.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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how did you pay for the item?

 

 

dx

I paid with my card online, then picked it up from the store.

 

DX is spot on starbug, the Consumer Rights Act 2015 is your friend here, court is your last option at the moment.

 

The onus is on the RETAILER, not the manufacturer to resolve. Argos deal with the manufacturer afterwards.

 

Google the Act above and wise up on it, then armed with knowledge, go back to the store and insist on its replacement.

Thanks, I'll check it out. It's good to know where I stand.

 

CEO Email.... FWIW, I would expect the elite to last a lot longer than what it has.

Whats the issue with your device?

 

 

 

I would say that the manufacturer offers a second chance to resolve this sort of issue. EG if Argos send it to "their" repairers, it may not get the same treatment as if it went to Microsoft.

If unlucky with Argos, and you just want to get it working, consider sending it to Microsoft.

The issue is something internal has broken - the thumbstick feels wrong and it sticks when you click down on it.

 

I could go through Microsoft but this is more a matter of principle. I shouldn't have to pack and post something and be deprived of it's use, that's my problem. And I'm sick of these companies washing their hands of me once they have my money, so I feel like fighting this one.

 

Great idea on the CEO email, I've used them before to good effect.

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I paid with my card online, then picked it up from the store.

 

Then you could also use the s75 chargeback route if argos wont play ball, contact your bank

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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There's just one problem - I can't find my receipt! I usually put stuff like this in a safe place, but have lost this one. Luckily I've checked my Argos account on the website and my order is listed there, will that be enough? There will also be a record on my bank card.

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you paid by card and its on their website

not an issue.

 

 

bottom line is you could do a chargeback against the card to your bank

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes deal with argos first see if they play ball

 

 

if not then do a chargeback

t

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't need too

quite ok

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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