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    • Sweatband.com I like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remain that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really want to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
    • Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 
    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello.

 

I've claimed via RBS and Mint via resolver.co.uk for PPI on an old RBS advanta card that I had many moons ago.

 

I don't have any details of account numbers, and they've come back from both an SAR and my complaint letters saying that they "can't find my details".

 

Is there any further recourse that people would recommend at this stage, or straight to the ombudsman?

 

Thanks!

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if you've no info then no hope

the FOS cant magic up paperwork.

 

 

when did you take the card out?

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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lukeyboy,

 

When I sent a SAR to RBS they sent me an agreement for and old Advanta Gold Card from October 1996 and copy statements from September 2001 to December 2005.

Are you still at the same address when you took out the card.

 

I had an old statement so knew account number ect.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328417-Old-RBS-Advanta-Card-***RESULT***

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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You really need to find the RBS/Mint account number. Similar thing happened with my original SAR to RBS, I provided lots of personal info and all the addresses where the card was registered to and they said they could not find the account details.

 

 

Fortunately, I found an old receipt that I'd kept for an expensive purchase (paid for by the RBS card), with the number still visible, so they were able to locate the records back to 2001. I opened it a few years before then, but RBS claim not to hold any statements before 2001, so the redress was estimated. My advice is to keep hunting for the account number. Best of luck.

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  • 1 month later...
lukeyboy,

 

When I sent a SAR to RBS they sent me an agreement for and old Advanta Gold Card from October 1996 and copy statements from September 2001 to December 2005.

Are you still at the same address when you took out the card.

 

I had an old statement so knew account number ect.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328417-Old-RBS-Advanta-Card-***RESULT***

 

I've a feeling I'm snookered, as I've moved house since then and don't look to have a note of the accout numbers. Darn it.

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you don't need them

just read the FULL SAR

and inc CTAX bill

 

 

dx

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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I do not think RBS would find an account number with a full SAR and CTAX letter unless it was closed within the last six years.

 

 

They told me they could not locate any records of my old RBS/Mint credit card that I closed in 2003.

 

 

It wasn't until I managed to find the account number that I was able to get a copy of the credit agreement and statements back to 2001.

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the ctax copy is only need to verify who you are now and where your live now

nowt to do with them using it to find your account

 

have you read that sar link and all its posts

 

an sar is for info on YOU globally not one specific account.

 

they'll find it

we know they have info dating back to the 1980's

 

I believe theres a post in the stickies of the RBS forum that give a phone number in irland was it that is their data centre

might be wrong. just rings a bell.

 

 

dx

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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I read the SAR link and understand the lender is supposed to send you all personal data they hold,

but in my experience, with several major banks over the past few years including RBS,

they will not provide any account information without a reference number unless it was active within the last six or seven years.

 

I was interested to read that RBS have a data centre in Ireland,

I was told it was in Southend where they store customer statements.

 

 

I tried to get information on my current account from 1989,

but RBS said they could only supply copy statements from 1992,

so I'll take a look at the RBS forum and see if there's anything useful.

Thank you for bringing it to my attention.

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it must be brain I've searched and I cant find that Ireland link must be another bank.

 

so you didn't get your credit card statements when you sent the sar for the current account ?

an sar is for all details.

 

if you paid the card from a bank account or have an old credit file copy

the card number should be on those.

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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That's right,

but only because I got the current account statements from the first SAR I sent (approx one year earlier), in which RBS said they could not locate any credit card information, until later on when I found the actual card number from my own archives, sent it to RBS and then they found the statements.

 

As I said previously I think the poster needs to try and find the RBS credit card number.

Its frustrating I know because I took out a loan in 1992 which I believe had single premium PPI cover and a different credit card both of which I can't find the numbers for.

 

 

Tried all the usual methods including a SAR, nothing was found, and the banks concerned said they needed an account number to search their archives.

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opps I didn't even clock this wasnt your thread..rosequeen..

sorry lukeboy1

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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Yes quite right, it wasn't my thread, so please accept my apologies. I was trying to help lukeboy1 by telling him about my experiences with the RBS/Mint credit card and why I felt he might not get very far unless he can find the account number. Hope he does before the PPI deadline.and anyone else in a similar situation.

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