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    • Latest Spreadsheets - PPI Claims and Charges Claims - Dec 2011 - Payment Protection Insurance (PPI) - Consumer Action Group   court date ?? now what are you dribbling on about? where are you getting all these silly ideas from?   please ignore everything from them, get on with fighting back
    • I have been around a while I am just mot the little activist I used to be and allot has changed over the years, companies are not as quick to take responsibility as they used to be.  I called them and quoted the consumer act, they seemed willing to refund without further delay but llike I said they have nw lost my item, I wait see what the manager has to say.
    • Hello, welcome to CAG. People should be along to advise you later.   I've popped some extra spacing into your post to make it easier to read for the advisers who can help you.   Is this the firm you're talking about?   https://www.sehbac.com/show-centres/ipswich/   Best, HB
    • Hello We have an issue with our Double glazing I will try and detail the issue we have.   We moved into our property in January 2017 and against our solicitor's advice (that double glazing warranties are not worth the paper they are printed on) we transferred what we thought was the warranty into our name. We now know that we only transferred the insurance on that warranty.   Toward the end of 2020 we were finding it  difficult to keep our living space warm and having checked that the trickle vents and windows were closed properly, we discovered that the wind was coming in through most of the cover strips on the windows and where it meets the walls and sill also light could be seen from outside through the cover plates, I confirmed this with a candle flame which bent at 90 degrees such was the draught, thinking that this was a small failure of the adhesive in the trim I wiped it back to see if any remedial work could be done and the trim came away, at that point it became obvious that the aluminium support and unit joining bar, had been installed off centre, so the trim had been butchered to make it just cover the gap but not enable a seal.    15th January I contacted the installing company by phone who having found the original file informed me that the warranty was not in my name and I would need to pay £150 to transfer it, this was confirmed in an email, and that once paid, a surveyor would be sent to assess the windows and ensure that they had been properly maintained,  if they felt that work would be required, the parts would be obtained and the work carried out, I felt that without giving the company the opportunity to rectify the problem we could not move forward so payment for the Warranty transfer was made the same day.   19th January surveyor arrived to assess the windows and having looked at the problems agreed that it needed rectifying, he told me he would report back.   22nd January an email arrived at my email address with the previous owners names attached, informing us that the parts had been ordered and usually take 1-3 weeks, once they have been received we will be contacted to arrange a date to carry out the remedial work. Should the parts take longer than usual I will be contacted to advise.   15th March I emailed Holly Baldwin, SEHBAC Customer Service Administrator and asked to be brought up to date on the progress of the replacement parts, I informed her that to gain some relief from the draughts coming through the windows, I had taped over all joins and whilst this had offered some respite, the tape at times acted like a reed and it sounded like the wind section of an orchestra tuning up, which was not comfortable.   18th March I received a reply stating that having to work with skeleton staff in the factories was building on the backlog they were currently having, if they get a date from the supplier, they would be in contact, if not they would be in touch once they have received the parts to book a remedial with their engineer, they have had some progress getting orders in recently. I was thanked for my patience.   We are now 9 weeks since last contact, and 18 weeks since the surveyor decided that remedial work was required, and to exacerbate the issue with the winds we have had over the last few months it has become clear that the seals around other double-glazed units installed at the same time have failed and what we thought was household dust was in fact brick dust blown in through the gaps.   I would like to know what my next move should be, should I have all units independently assessed, should I approach the ombudsman. any advice would be gratefully received as we are spending extra to keep the property warm. and at this stage have lost a further £150.
    • not sure if that attached, sorry n244 edited.pdf
  • Our picks

    • 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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Options under Sale of Goods Act regarding PCW


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My wife purchased a Logik TV from PCW 31/08/2016 for £79-99.

Yesterday 13/01/2017 there was a "pop" and the TV no longer switched on

- browsing the internet I find it is a common fault with Logik TV for the power supply or motherboard to fail in this way.

 

Visitng PCW in Coventry I was told I HAD to allow them to repair the TV and COULD NOT ask for a refund on the grounds the TV was "not fit for purpose".

 

Their policy is that they MUST attempt a repair

. Is this true that under the SOGA I HAVE to allow them to try a repair before I am allowed a refund.

 

I remember once reading that after you had allowed a repair you were no longer allowed to ask for a refund.

 

Can anybody enlighten me as to what action I am allowed and whether I HAVE to allow PCW to repair a TV I have now lost all confidence in.

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Because you bought the TV after October 2015, the applicable law is the Consumer Rights Act 2015. It doesn't really make a world of difference to your rights in this particular case. The TV has to be of satisfactory quality and must last that way for a reasonable period of time. However, the Consumer Rights Act does provide that if a fault occurs within six months of the date of purchase, then firstly it is assumed to have existed when the item was sold – but secondly, the seller must be given an opportunity to repair. You only have to give them a single opportunity and if the repair is not possible or if the repair fails, then they are obliged to refund you or to replace – less a deduction for the use that you have had from it.

 

Therefore, PCW is entitled to attempt to repair it. This has to be carried out within a reasonable period of time. If they are unable to affect the repair then they will have to replace it or refund you less a margin for the use you have had – about five months which I would expect could reasonably be said to the equivalent to about 10% of the expected life of the TV of this type and price.

 

Return the TV to them for repair. Tell them that you want the repair to be carried out and the TV to be repaired within a reasonable period of time and that you consider that 14 days is more than adequate.

 

Tell them that if they are unable to affect the repair within this time then you will treat the repair as a failure and that under the CRA 2015, your then entitled to a refund or replacement – at your option.

 

Don't expect this to be straightforward. PCW are not very renowned for respecting people's rights. Furthermore, I expect that they will end up taking a lot longer over the repair and I can imagine that it could go to 6 weeks or more. I consider that this kind of timescale would be unacceptable – but it will be up to you to decide what action you want to take

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Because you bought the TV after October 2015, the applicable law is the Consumer Rights Act 2015. It doesn't really make a world of difference to your rights in this particular case. The TV has to be of satisfactory quality and must last that way for a reasonable period of time. However, the Consumer Rights Act does provide that if a fault occurs within six months of the date of purchase, then firstly it is assumed to have existed when the item was sold – but secondly, the seller must be given an opportunity to repair. You only have to give them a single opportunity and if the repair is not possible or if the repair fails, then they are obliged to refund you or to replace – less a deduction for the use that you have had from it.

 

I have looked on the Which? website and their interpretation of the Act is that the choice between repair OR replacement is the customers. Is this in fact true?

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No. So far as I know, that is not correct. The seller has an option to attempt a repair within the first six months. Once that repair fails, then the options go to the customer who can agree to another attempt to repair a refund or a replacement.

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A not so happy follow up!

 

Took the TV into the PCW store today and agreed that the CPA 2015 applied

. Asked why I couldn't have a replacement and was told it wasn't their policy.

 

Handed over the TV in the ORIGINAL packing and said they could repair it,

BUT THEN I was presented with two pieces of paper to sign agreeing to THEIR service terms with conditions like "We are not responsible for claim or losses resulting from the non-availablility of product"

I said I didn't want to sign this and was told "then we won't repair it!"

 

Are PCW allowed to attach their own conditions to the PCA?

The repair was THEIR responsibility and I shouldn't be expected to sign away any of MY rights to obtain satisfaction under the act.

 

I did sign BUT added the footnote that I had been forced to sign to obtain my right under the Act.

 

The TV was then taken out of it's packing and I was given "my box" back so not sure how it will progress on it's journey.

 

I welcome any observations or comments.:mad2:

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Firstly, I don't think you've "signed anything away".

I should hope that by law you are not even allowed to sign your rights away.

The fact you've added a footnote to say "you were forced to sign" is also in your favour.

 

As for removing the TV from it's box,

it will be sent away in something called a "tellytainer" which is far more safe and secure than the original packaging.

It will be bubble wrapped and secured.

 

If you REALLY don't want a repair and want a replacement then maybe request (not demand) to speak to a manager.

 

Appeal to their common sense and put your case calmly.

All Dixons managers have been briefed to "Say Yes More"

. So, as a customer use this to your advantage.

 

Let them know exactly what you want and give them the opportunity to make it happen

. Logik is own brand and easily "sent back as faulty".

 

Speak to store staff as you would like to be spoken to and I'm sure you will get what you want. Best of luck. Let me know how you get on.

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the 'say yes more' is indeed correct and still operating, also, the previous year, all dixons managers were given £1000 personal bonus each, to communicate to their staff that they shouldnt argue with customers, just do whats right.

 

unfortunately the £1000 wasnt shared with their team....just pocketed and the staff told not to argue with customers.

welcome to how dixons is run

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