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    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
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Warranty issue

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Hi i need some urgent advice

 

I bought a 5 burner glass hob march 2016 (9 months ago).

It was fitted with the new kitchen.

Hob was supplied by the kitchen manufacturers.

Hob manufacturers are CDA.

Advertised as 2 year warranty

 

My wife was warming milk in a light pan when the glass all shattered.

Felt like a bomb exploding in the house.

Really shook everyone up especially the wife.

Quite confidently i assumed i will ring CDA in the morning and it will be replaced.

 

 

Rang in the morning

i was informed that glass is only covered for 6 MONTHS

but if i can send the images in they can have a look at it as a good will gesture.

 

 

Got a return email stating that they have had a look at the images and it is not caused by manufacturers defect.

It was caused by oversize pan or on impact.

 

I argued how can you tell by the images that it was caused by impact or oversized pan.

 

I also argued that i bought the appliance from your catalogue and clearly it states 2 yrs warranty and no evidence of 6months for the glass.

 

 

First i was told it states it on the card with appliance so i had to buy the appliance before i become aware of this

then she tried to tell me that i should have read terms and conditions on their website before buying it.

 

Buy this time i was really annoyed and asked her how many times have YOU bought a appliance and from the shop you have gone on to the manufacturers website to read term and conditions.

 

 

Well that got her a bit moody and asked me to email in and it will be passed to our management.

 

This is a extract from their terms and conditions they are refering to:

which are not covered( NO 6 MTHS MENTIONED)

 

Consumables and cosmetic parts such as glass, bulbs, seals, fuses, filters, external hoses, cosmetic parts, baskets, trays, burner caps, burner bases etc.

 

So please can anyone help with advice to, where i stand because i fell like im being fobed off

 

Any advice will be appreciated

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CRA / soga is your friend and that against the RETAILER

 

 

warranties are not worth the paper they are written on

and do not replace your statutory rights.

 

 

dx

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Yes. You are covered by the Consumer Rights Act which requires that the item be of satisfactory quality and remain that way for a reasonable period of time. I would have thought several years of use at least. You're quite right that if there is some additional warranty – which as has already been pointed out is probably not a lot of use – then at the very least the terms of that warranties must be disclosed before the contract is made.

 

Like you, I don't really understand how they can figure out from a photograph of broken glass that an incorrectly sized pan has been placed on the glass. In any event, what relevance has it got if the pan is incorrectly sized – unless they are referring to the weight of the pan. However, if it is an issue of weight then I can't even imagine that an oversize pan would be that heavy to shatter glass.

 

I think that you need to start off by sending a letter to the supplier of the unit in which you should detail exactly what has happened, how it has happened and telling them that under the Consumer Rights Act they are liable for either repair or replacement. Say to them that you have already provided photographs and that you have received an opinion from them that they consider that the damage has been caused by the use of an oversize pan. Point out to them that this is not the case at all – but if they insist on this position then please would they explain to you how they are able to determine what pan size is used from the photograph – and why would an oversize pan course the glass to shatter anyway.

 

I think it is very important that you asked these questions – even if you don't get a reply. In fact, if you don't get a reply then I think it will be more telling and more helpful to you if later on you have to bring some action.

 

Eventually, it may be that your only recourse is to bring a small claim in the County Court. You have had about eight months of use out of the hob and so this means that if eventually they refunded you, they would be entitled to make a reasonable deduction for eight months use which you have had. You would calculate this by taking the purchase price of the item, dividing it by the number of months of expected use – say, six years (72 months) and then subtracting nine months value from the new purchase price. This would be a reasonable settlement.


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