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    • This article in the Indy has some interesting views on how Brexit has affected the Uk's response to Covid.   https://www.independent.co.uk/voices/coronavirus-lockdown-government-death-toll-boris-johnson-a9551516.html
    • Small attachment to an iPhone that cost £288.00.   I know anything that relates to Apple can be very expensive, but what was the attachment ?   Did you return the attachment product in its original packaging ?   How often do you buy products from Amazon ?   How often do you return products to Amazon ?   Could Amazon believe you are buying products to simply try out for a period, with no intention of keeping the products ?
    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
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Hi

 

I recently got measured up by a rep from Pay Weekly Carpets. It was a good idea at the time but now after receiving a tax rebate and my brother in law hearing about the price I was quoted, he advises me can point me towards much more affordable sources of the flooring I want fitting and he'll put it down for me.

 

The credit agreement I signed says the £40 deposit is non-refundable. I accept that I probably won't get anywhere with that.

 

What does concern me is that the document has the standard heading of;

 

Hire Agreement regulated by the Consumer Credit Act 1974.

 

But in the key information section there is a line under the heading of cancellation rights that says;

 

"You have no right to cancel this agreement under the consumer credit act 1974, the timeshare act 1992 or the financial services (distance marketing) regulations 2004.

 

I and the rep signed it on 3/11/16. I've just read the Which consumer page on credit agreements and it says I have the right to cancel within a 14 day cooling off period?

 

Can anyone confirm for me that is the case so when I do cancel and they try to argue the toss with me I can say to them there's nothing they can do?

 

One thing that bothers me if they do get nasty is they now have my debit card details so I'm guessing I'd need to cancel my debit card to stop them taking payments, even though I haven't actually signed a separate CPA agreement. :???:

Edited by phteven79

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The T&C's on the website don't load, I wonder why!

 

The only reason I can see why you couldn't cancel would be if the carpet had already been cut to size. I doubt this would be the case. I would cancel this asap as these companies charge a complete fortune for sub standard materials.

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under CPA you can cancel any contract or agreement within 14 days for any reason you like

inc any stupid supposed non returnable deposits

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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" I and the rep signed it on 3/11/16."

 

Where did you sign it...home or in store?

 

Andy


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That non cancellation term is likely an unfair term under UCTA :

 

The Unfair Contract Terms Act 1977 (c 50) is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation.

The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a consumer.

It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083),[1] as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

(from Wikipedia)

 

http://www.legislation.gov.uk/ukpga/1977/50

 

 

Threaten them with it if they become stroppy.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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