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    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
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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
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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
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Missing Service History


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Hi all, first time poster looking for some advice.

I bought a used Vauxhall Astra GTC last year from Taggarts and all seemed well until I brought it home and found the service history was missing. I contacted the garage and was told it was still at the garage and would be posted out to me. Weeks went by and I never got my hands on the service history and when I contacted again I was told it was lost but that a copy could be gained from the vauxhall database. Frequent messages continued for months before I eventually complained last month and I received a reply from the manager that the service history would not be retrievable as it was not carried out at a vauxhall garage and the previous owner could not remember the garage she used for servicing.

I am to have a meeting on Saturday to discuss the resolution but I am not sure what my rights are. I would never have purchased a car without a complete service history and this will surely have an effect on the value of my car. As the sale happened so long ago am I entitled to my money back or compensation? I was not sure if it counted as being miss sold due to the fact the garage lost the history and didn't not lie about it. I am more annoyed that it took over a year for them to find out the history wasn't retrievable and that the sales agent I dealt with only gave me excuse after excuse.

I really appreciate any help as I am very in experienced with these types of situations.

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I don't think this has anything to do with the previous owner. The car was advertised with service history and none was supplied. False/misleading advertising, an inducement to buy with a false claim.

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"previous owner could not remember the garage she used for servicing"

This happens to all of us, surely!

 

Yeah I completely understand someone forgetting where they have their car serviced. My issue is with the garage not the previous owner.

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I don't think this has anything to do with the previous owner. The car was advertised with service history and none was supplied. False/misleading advertising, an inducement to buy with a false claim.

 

Yeah it doesn't the garage had just contacted her as a last resort to see about getting a copy. I didnt mean it to sound like I was blaming the last owner nine if this is her fault.

And thanks for your advice

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They haven't forgotten where they had it serviced...no way. I'll bet it's hardly been serviced.

 

Get the garage to buy it back from you as it is not what you bought. Bear in mind you have had a years use out of it, and expect an appropriate reduction for that (15%?)

 

If they won't then take them to small claim court for the difference...say you paid £5000 for the car, you would reasonably expect £4250 now after a years usage (tough on the garage that the trade price is now £3500) and claim for the £750 difference, and you keep the car.

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They haven't forgotten where they had it serviced...no way. I'll bet it's hardly been serviced.

 

Get the garage to buy it back from you as it is not what you bought. Bear in mind you have had a years use out of it, and expect an appropriate reduction for that (15%?)

 

If they won't then take them to small claim court for the difference...say you paid £5000 for the car, you would reasonably expect £4250 now after a years usage (tough on the garage that the trade price is now £3500) and claim for the £750 difference, and you keep the car.

 

Thanks for the response, I paid £8700 including a p/x does that make any difference to how I would proceed?

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Thanks for the response, I paid £8700 including a p/x does that make any difference to how I would proceed?

 

Yes, I would ask them to buy the car back from you for £7500...so you have paid £1200 for a years use of it.

 

If they wont have that (I reckon they will offer you around £6000 for it) then take them to court for £1200 on the basis that the car was worth £8700 with history or £7500 without history at the time you bought it, so you are 'owed' £1200.

 

They wont like it but that's tough. They knew it had no history. They always do. I am an ex car dealer. I always knew...but then again I never claimed FSH if it was untrue.

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Yes, I would ask them to buy the car back from you for £7500...so you have paid £1200 for a years use of it.

 

If they wont have that (I reckon they will offer you around £6000 for it) then take them to court for £1200 on the basis that the car was worth £8700 with history or £7500 without history at the time you bought it, so you are 'owed' £1200.

 

They wont like it but that's tough. They knew it had no history. They always do. I am an ex car dealer. I always knew...but then again I never claimed FSH if it was untrue.

 

Cheers I really appreciate your help, i'll let you know how I get on tomorrow with them.

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Yes, I would ask them to buy the car back from you for £7500...so you have paid £1200 for a years use of it.

 

If they wont have that (I reckon they will offer you around £6000 for it) then take them to court for £1200 on the basis that the car was worth £8700 with history or £7500 without history at the time you bought it, so you are 'owed' £1200.

 

They wont like it but that's tough. They knew it had no history. They always do. I am an ex car dealer. I always knew...but then again I never claimed FSH if it was untrue.

 

Cheers I really appreciate your help, i'll let you know how I get on tomorrow with them.

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I spoke to the manager today and he was pretty unhelpful. He told me that it apparently wasn't a "big deal" as it wasn't a really new car although it is only four years old and he offered no sort of compensation. Instead he said he would offer me a "fair" trade in price for it but I would not be open to a trade and would rather spend the time getting a good price selling privately as I have previously been screwed over trading in a car.

After the phone call I sought more advice and sent him an email saying I would want him to buy the car back at a price I could get selling privately after I checked glass' and honest John valuation sites or to pay the difference in value between my car with and without a service history.

I wasn't sure how to proceed if he declines however, as on the lookers website it says if you are not satisfied to contact the financial ombudsmen but some people had mentioned a small claims court.

If the potential loses on the car had been only £100-200 I would have bit the bullet to avoid a fuss but I can't afford to lose as much as some of the articles I have read claim a service history is worth. I'm also pretty young and inexperienced and I don't want the manager feeling he can walk all over me.

I just feel incredibly stupid after being lied to for a full year and believing it all :/

Do you think it would be worth pursuing further if he refuses?

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This was meant to be sarcastic. ☺

Ah sorry haha, tbh it is something I would do but I tend to take my car to a main dealer so they send me enough emails/texts that it's impossible to forget

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yes definitely.

 

on a 4yo £8k odd car it makes huge difference.

 

but be sensible.

 

either they buy it back for sensible money or you take them to SCC for the difference in value when you bought the car. £1200 max but anything you get is a bonus.

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