Jump to content


  • Tweets

  • Posts

    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

S.c.s damaged suite


steve t28
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2410 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

:shock:Hi every one 1st time ad ..

 

I am looking for some good advice on this if anyone can help me please

 

.we purchased a leather suite cost £1876

within 3 weeks I noticed something wrong with the one side

 

we phoned them next day and explained

several weeks later their man came .

 

he takes it apart to find the main frame as completely snapped in half

he does no more and goes to his van gets some old wood and glue and screws

cuts the wood to size screws and glues wood on .

 

he didn't ask anything

he bodges the sette up .

then fills out his report

 

writes Mishandled in transit.

also writes retail delivery next to their word who

 

now at this point we are no wiser of the extent of the damage

but it turns out to be main frame snapped in two.

 

therefore he and Scs have admitted to delivering a faulty settee not fit for purpose intended for .

 

I can't see how anyone has a argument against this

why even should we be considering a repair or a repair at all

its not an option

we did not even have say in the matter.

 

after a year of trying to solve this matter with Scs we took them into court 5/9/17

lost the case on the grounds we let them repair it

took the judge all of 4 minutes to make her decision

 

I tried to explain things but you get to know its going straight over her head.

 

we are wi5 pounds out of pocket and will be getting their solicitors Bill

who knows the final amount

 

we have 7 days remaining to a appeal if we decide to go down that route

I have to watch in case we lose again.

 

we tried on Ombudsman

they can't help

our solicitor doesn't deal with these matters

 

made couple inquires today and been quoted £160 plus vat per hour .

there's but more to this story but I don't want to bore anyone to much .

 

I think I still have a very good case

we have copy of their report

we have a pictures of the clean snap on the frame that their solicitor described as a very very minor split .

I told her to get some glasses

 

their bunch have tried every trick in the book to get out if it

even tried moving dates to go outside the 30 days of returns to even telling lies over the phone

 

sorry but i had a good go on him

 

if theres anyone can help me point me in the right direction

i will chase it with more money if it comes to it,

 

can text me if it helps [removed]

 

thanks to every one who as viewed this

 

,all thanks to s c s.

Edited by dx100uk
please read our rules. dx
Link to post
Share on other sites

under the consumer rights act you do have the option if the item is faulty and reported faulty within 30 days to reject it and receive a full refund.

 

 

what date did you receive the item

what date did you report the fault.

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... 

Link to post
Share on other sites

Hi received suite on 6 th July 2016 and reported damage on the 1/8/16 finally thanks steve

 

They tried saying we received the suite on the 4/8/16

 

And we reported it on the 8 th August or there abouts

 

 

i reminded them we have a reciept showing the 6 th for delivery and on the 7 th Aug I was on hoiladay in Greece and sent him a choppy if plane tickets showing the 7 th Aug and

 

 

told him to do is job properly and get some glasses

no more was mentioned about the 30 days after that another one there tricks

between them they have more tricks than a monkey

 

 

i tried sending thus to mp but i dont have enought post

Link to post
Share on other sites

i tried sending thus to mp but i dont have enought post

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... 

Link to post
Share on other sites

hi. the rest of the story is as follows.

 

 

we had the odd letter off them saying you have no rights to do what you are doing etc and we should stop the case.

 

 

august just gone

we went on our holls on 13th august

on the 15th my partner gets a gmail on her phone saying we are offering you a full refund of 1876 plus your court cost of 285 pounds and the terms are you don't tell the media you don't tell your friends etc and this offer expires on the 21st at 4pm,

 

 

that eve we had a chat and decided to accept their offer [that tells me they are in the wrong]

next day I rang them and said we will accept their offer and thanks for the offer

 

 

I then said what happens about the court case its only few weeks away

he said he would send me out a letter for us to sign and return that allows him to stop the hearing

I said ok il await your letter thanks,

 

 

then next day after giving it some thought we wondered if they would sell the suite back to us for £700 pounds.

 

 

next day I rang them and said do you think scs would sell us the suite back for £700 when its all sorted

either way we will accept their offer

saves us looking for another one

saves them sending out their blokes

saves load of hassle

 

 

he said its not up to me ill chat with scs see what they say.

I said ok thanks that was it.

 

 

17/8/17. we come home on 23rd august to find the same letter we received in the gmail of the offer dated the 15th,

then on the 1st of September post man had been and still no letters

I decided to phone the courts up to see if case was still going ahead

 

 

she said why I told her she said you should still attend the hearing ,

its now 4 days to the hearing two of them weekend.

 

 

I then rang their solicitor who said oh I was just going to phone you!!!!!

I said something like yea I said whats going on no letter 4 days left to hearing

 

 

he said I am awaiting on scs to get back I cant make a decision

by now hes getting me on a line with his excuses.

 

 

i said to him you're not going to get a letter out now for me to return it I

ts not going to happen

I told him I phoned the courts and they told me to still go to court.

he said why do you want to go to court

 

 

I said because if I don't go it will get thrown out in your favour

I am going to court as I think you're playing mind games

 

 

I said your winding me up so that's it ill see you in court

then he said we can sort this out now,

 

 

well that got me even more mad

I said to him just few minutes ago you said you cant do anything about it and now you can all in space of five minutes down goes the phone,

 

 

next day 2nd sept we get a letter off him we have refused their offer and that the courts should throw it out etc.

he sent same letter into court .

 

 

in court we go 5/9/17

took less than 5 mins as she said its the law you let them repair it

I tried to explain but she was having none of it

she had made up her mind

she mentioned our counter offer of £700

I said yea

she then said you should had bitten off their hand

I said I did but their solicitor messed it all up.

 

 

like I say she was having none of it

I come out the court room

she had already made up her mind saying that's the law,

 

 

so not only do you have to sort out scs

you have their lying solicitors to have told several lies and tried every trick they know .

beware of them,

that's all the story

 

 

if it don't help me it might help others

don't let them do a repair that's their get out case.

 

 

I am just awaiting there final bill then its off to the papers I go

I will have to pay to publish it but it will be worth it in long run ,

they know they were in the wrong and done every trick they know to get out of it

 

 

thanks to the judge seems it as worked.

but if they think that's it they're very much wrong.

 

 

thanks steve

Edited by dx100uk
spaced punctuted and decyphered from txt spk - dx
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...