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    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court and ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all. So you really want to exhaust every possibility of avoiding them if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
    • Savings platform Raisin UK is offering a £50 bonus for new customers who sign up for an account.View the full article
    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
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CRA: What constitutes "significant inconvenience" returning large items


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I bought a Denon AV receiver about 7 months ago from an online retailer.

I now need to return it for a replacement power supply as it is making a humming noise.

 

The retailer tells me I need to purchase packaging, arrange a courier and they will contribute £10 for carriage.

 

 

This is a large and expensive item so packaging it safely will be a big job and I am not sure that £10 will cover carriage and insurance.

 

They tell me repair could take up to 4 weeks which is very inconvenient as this is a critical part of our media system and used daily.

 

I realise being without films and music isn't the end of the world but on the other hand I am annoyed that such an expensive item has failed so soon and is causing this inconvenience.

 

I see The Consumer Rights Act says:

 

"If the consumer requires the trader to repair or replace the goods, the trader must do so within a reasonable time and without significant inconvenience to the consumer"

 

If the consumer requires the trader to repair or replace the goods, the trader must—

 

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

 

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage.

 

 

What constitutes "significant inconvenience" and should a large item be expected to be returned with all costs, including packaging refunded?

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Who is the retailer? Why are you not telling us?

 

Clearly this is a retailer who is not aware of your consumer rights. The question for you is whether you want to get into some protracted argument and end up with the delay of several months before the repair of your receiver, or do you want to get it done now.

 

I would suggest that the best thing to do is to tell them that you are

I would suggest that the best thing you can do is to write to them, tell them that you are returning it but you are carrying the cost under protest and you will be taking steps to recover that money from them once it is repaired and returned to you.

 

If you're not prepared to carry out the threat then don't make the threat.

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Thanks for the reply. Retailer is Peter Tyson, just didn't think to mention it!

 

Hopefully the carriage won't be too much but I'm mostly concerned about the amount of hassle involved with returning a large item and being without the main component of my AV system so I can't use it for 4 weeks.

 

I made an assumption, perhaps wrong, that this kind of large electrical item would normally be repaired on-site, at least in the first 12 months - or they would send someone to collect it with a suitable container.

 

What I was hoping for is an onsite/local repair or an exchange - just something that caused me minimum hassle considering the receiver is so new.

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This is part of their service policy

 

During the first year of warranty we will collect the goods or direct you to a local service centre - which ever is the fastest for you.
(my emphasis)

 

So they are saying we will collect and then turn around and say you should send it back to them. That wouldn't work for me.

 

Get a screen shot of their service page just in case they try to alter it.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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This is part of their service policy

 

(my emphasis)

 

So they are saying we will collect and then turn around and say you should send it back to them. That wouldn't work for me.

 

Get a screen shot of their service page just in case they try to alter it.

 

Well there you are. That's a better answer than I gave you. Check the terms and conditions

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This is part of their service policy

 

(my emphasis)

 

So they are saying we will collect and then turn around and say you should send it back to them. That wouldn't work for me.

 

Get a screen shot of their service page just in case they try to alter it.

 

Well spotted, thanks!

 

I know these things can be relative to how much you use an item but is 4 weeks without a working TV a "significant inconvenience" and should I be able to push to get this repaired locally or on-site?

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I would expect a repair to be done in a week BUT they are hedging because if it is a pet that requires ordering in from abroad, as some do, then the 4 weeks could be about right. Problem is until it is on their bench they wont be able to tell you.

Mind you if I was the retailer and I sold a fair few of these I would send another stock item and keep the duff one and recondition it when nothing else in on the bench.

A mate of mine used to buy the ex-rental stock and returned items like tellys from companies like Radio Rentals and Argos. He would get a lorry full and go through them and 90% would be working but need tuning, colour balance tweaking etc and the remainder would be cannibalised to leave something like 2% completely duff ones. He would then advertise them at a silly price and have a queue of people buying them. In short, the retailer isnt going to lose out by being decent as any loss on this job is recoverable.

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I would expect a repair to be done in a week BUT they are hedging because if it is a pet that requires ordering in from abroad, as some do, then the 4 weeks could be about right. Problem is until it is on their bench they wont be able to tell you.

Mind you if I was the retailer and I sold a fair few of these I would send another stock item and keep the duff one and recondition it when nothing else in on the bench.

A mate of mine used to buy the ex-rental stock and returned items like tellys from companies like Radio Rentals and Argos. He would get a lorry full and go through them and 90% would be working but need tuning, colour balance tweaking etc and the remainder would be cannibalised to leave something like 2% completely duff ones. He would then advertise them at a silly price and have a queue of people buying them. In short, the retailer isnt going to lose out by being decent as any loss on this job is recoverable.

 

my partner repairs faulty tvs laptops etc for what it cost us. He only does this for very good friends. Depending on the part and location it can take up to 8 weeks to come. Please note l am waiting on a mother board for my tv that was ordered 8 weeks ago from Japan. Don't worry l have a back up and Mr Tumble DVD on repeat is safe

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