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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Currys - Faulty goods repair already, failed again, want full refund!! **full refund given by headoffice**

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Many thanks first of all for the option to join.

(I suspected there would be an active forum for those seeking some pointers with regard to consumer rights!!)


I did a little research before visiting Curry's today with my "complaint" but remain, for the present, in limbo:


In August 2016 we bought a De Longhi coffee machine (on-line) which developed a fault,

in that it was intermittently ditching the contents of the machine's reservoir of around 1.5 pints of water over our worktop. (not ideal when electrics are involved)


We took it back to our local Curry's (November) and it was returned to De Longhi for "repair."


On return,

all appeared OK but the same fault recurred (December) and returned it once again.


Having done so for a second time in 4 months,

I was aware that I was now entitled to a refund or exchange.


I stated that I wanted a replacement.

Unfortunately they no longer stock the same model,

(with the nearest match nearly twice the price)

and advised that I should return it to De Longhi personally.

I refused, and


initially, they declined even a refund.

I disputed this and they eventually relented.


However, I stated that I wanted a replacement as a refund would leave me disadvantaged at having to pay more.


Management become involved,

and between us we agreed that they could e-mail De Longhi asking if they would be prepared to replace it.


I anticipate that they will,

if not with the same model, with an equivalent.


Should they refuse, I would like to know my rights ahead of their reply..

. if anybody can advise?

(I imagine in this case that Curry's themselves would be obliged to offer an alternative, even if that were to be their closest match at their expense?)


Many thanks in anticipation.

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outside of 30days from purchase

there is nothing which allows you to dictate what the retailer must do



they have the option to refund.repair.replace at their discretion.




Edited by Andyorch

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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Thanks for the reply - BUT, according to Which, the Consumer Act of 2015 states (outside of the 30 day period) .....


"If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid or to reject the goods for a full refund"


...or... again according to Which ....


"If you don't want a refund and still want your product repaired or replaced, you have the right to request the retailer makes further attempts at a repair or replacement."

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the key word here is 'request'



the initial issue here is the product first went wrong outside of 30 days.

the fact that the repair 'failed'

in effect has no real bearing

other than is might sway things to your advantage.



if you'll get betterment is another thing

you could offer to pay the difference to a newer model


indicate why cant the manu do a GOGW and cover that.




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

Beyond the 30 day period, during which you have what is called – a short-term right to reject, if a fault develops in the first six months then there is an assumption that the defect existed at the time that you bought the item. During the six months, as has been explained to you, the seller has the right to attempt a repair. If that attempted repair fails then you are entitled to have a full refund. It seems to me from the legislation that you are not necessarily entitled to have a replacement if that means that you end up at greater financial benefit. I have to say this seems to me to be contrary to the normal principles of contract which are that you would normally be put into the position that you would have been if the contract had been successful – and that would mean that you should be given a replacement even if that was more expensive.


I think it probably needs looking into. Let us know what you find out

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  • 2 months later...

Just thought I'd give an update on my complaint, outlined above....


On return, Curry's maintained their stance in-store, refusing to give me a refund.


However, I stood my ground, and after an hour, when the manager (not that I believed her) was authorised by "the computer" to issue a refund. Regardless, I complained to Curry's as to how my complaint was handled.


I later received a telephone call from Curry's head Office Customer Services manager, who in turn had sought advice from their own litigation department.


It turns out that my complaint was, in the words of their litigation advisor "bang on." In the absence of their ability to offer a replacement, and the fact that it had previously been repaired entitled me without question, to a refund.


The management at the store were wrong in insisting that they could send it off for a second repair, or, as they did, offer a credit note.

My rejection of the product was absolutely correct.


The Customer Services manager at Head Office explained that this was not the way Curry's would normally deal with such complaints, and that I should have been dealt with within a few minutes.


Furthermore he issued additional compensation for my inconvenience, adding that the staff at the store would be "dealt with," though this understandably would be confidential.


And so, though they do have a right to replace (which was never disputed) If as they were, unable to do so they must in these circumstances issue a refund.


They DO NOT have the option to insist on a SECOND repair.

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brilliant result.


this will help numerous posters in the future.


we indicated they had a choice

IMHO they made the right choice and it under lines what we have always thought.


local managers need retraining!!


well done.



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

Many thanks for that.

And, to reinforce your own point:


When I took the machine back following the failed repair

I had printed out a section of advice from 'Which' outlining what I was entitled to, just a dozen lines or so,


both the guy at the "returns" counter, and later the manager refused point blank to read it.

"We have our OWN policy" the manager explained,

to which I said,

"So you are telling me that your policy trumps the law ?" ......

"We've seen it all before" she responded.


This for me was the "light the blue touch paper" moment.


As you rightly say, local managers need retraining, and judging from the response from Head Office she and her staff will I'm sure be getting it.

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I was in argos the otherday.

collecting a parcel from an ebay purchase



at the next check-in was a lady with an xbox bundle she'd purchased for her grandson for many £100's at xmas

the thing had given up.



she didn't have her receipt and was told sorry we cant do anything without a receipt

even what I assume was some manager was called over he said the same thing.



it transpired she had paid by credit card and said she did not have that with her but could get her hubby to send a photo of it to her phone and was doing so.

this manager said, that wont do you need the receipt from us, it clearly says this in the sale of goods act.



well that's as far as he got, I had to say something and stated no it says proof of purchase.

guy had a terrible attitude and started the old its nothing to do with you

and you don't know anything about SOGA we've all been trained....



I stated well if you've been trained you'd know its now the consumer rights act and has been since 2015.

told her to do a section 75 she was dialling the card provider



when another manager appeared and said theres no need to do that we'll exchange now

we dont want external agencies getting involved it looks bad to head office.



one happy bunny was she.

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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glad you got sorted.


for anyone else arguing with a dixons group manager, they can remind them that at managers conferance 2015 they were ALL given a personal bonus of £1000 each to stop arguing with customers and do the right thing.

sales and support staff werent issued with any extra bonus, nor were lower level managers only general managers or 'store directors' as they are called in the huge stores.


what they are scared of is, chargebacks. unauthorised returns affect the profit and loss report of the store and their own bonus for the quarter.


but its now in place that anything that has had 1 repair can be returned and overridden on the system, using the term CRA faulty returns as long as details of said initial repair at included with the daily paperwork.

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Many thanks for that insight Oliver....not like multinational companies putting profits before customer service:wink:



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