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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Faulty Item Returns - Inspection Fees

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Hi

 

I recently returned an item to a small online retailer due to the item being faulty/ incompatible with another item it was designed for.

 

I made it clear in their support ticket that I wished to return the item for a full refund.

Their support rep responded with "If the item is faulty we will replace it for you from our stock."

 

The attitude of the customer service rep and part of their Terms of Service has me concerned:

"Where items are returned as faulty and no fault is found by [RETAILER] a charge of £19.99 plus return postage is payable to cover the engineer's time."

 

Also the return document sent for me to include with the item had the following paragraph:

"Nb. Returns which are tested and found to be without fault, or where damage is found to have been caused by misuse, are liable to a £19.99 engineer's fee, plus return postage. By returning goods to us you are confirming that you understand and accept this."

I left this unsigned.

 

The item was returned in its original packaging.

 

Would the seller have any recourse the levy a "engineer's fee" if they find no fault?

 

If the item was returned fixed/replaced against my instructions what would be my next option (payment was through paypal)?

 

Thank you in advance.

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when did you buy the item

when did it 'go faulty'


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I ordered the item 3rd Dec

Received: 7th December

Contacted Seller with fault: 8th December - told to contact manufacturer

Contacted Manufacturer - 11th Dec - received reply 13th - Manufacturer stated faulty and offered return to themselves for repair.

Requested return with retailer: 17th Dec

Posted: 18th Dec

Seller Received: 22nd

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they are wrong then

under CRA as this was ordered online you have 14 days to 'inspect' the item

and return it free of charge for a full refund without any reason.

 

they were also wrong to refer you to the manu.

 

CRA is against the retailer and its solely their responsibility


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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dx100uk thank you for your help.

This is the reply I received earlier today when submitting proof of postage and requesting timescale on refund:

"We return to work on 2nd January. I will have an engineer test the return as soon as we possibly can as soon as they are back.

 

(If the item is being returned as a change of mind then it needs to be tested to make sure it works, is in perfect condition, has all of the packaging, etc. If it being returned as faulty then it needs to be tested to make sure it has a fault and be repaired).

 

We will get this done for you as soon as possible."

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well that's upto them what they do with it once they have it

 

but you are entitled to a full refund through the retailer regardless

end of.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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:-D

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Which company is it?


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are they UK or EU based? If they are dropshippers then they probably dont know they are talking out the wrong end of their alimentary canal.

 

Also if their main business is B2B then the terms would apply to most of their customers so what is the item and what were you going to do with it as you speak about compatibility.

 

We have had other posters here who want to rely on consumer contract law when they are a business and then wonder why we arent falling over ourselves to tell them they are right so more detail please.

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The seller has replied refusing refund and requesting inspection fee:

 

02/01/2018 12:08 pm

Hi

 

Thank you for your patience in this matter with regards to our Christmas opening times.

 

The Drone Doctor engineers have now tested this wand and found that it works properly. They can find no fault whatsoever.

 

They also highlighted scratches on the product and supplied photos.

I have attached those photos herewith.

 

Our terms and conditions state that products returned as faulty,

which have no fault,

are liable to a fee to cover the engineer's wasted time.

('Where items are returned as faulty and no fault is found by FirstPersonView.co.uk a charge of £19.99 plus return postage is payable to cover the engineer's time.').

 

Please click here to pay the £19.99 and choose your preferred postage option and we will get this item sent back to you today

 

All the best

 

I have responded:

“ Under the Consumer Rights Act 2015 I am requesting a full refund.

The return for refund was requested within 14 days of receiving the item.

Is firstpersonview.co.uk denying a refund for this purchase?“

 

Seller has now issued a partial refund of £33.

The original item cost £39.54 including postage and VAT.

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Accept it

You have no cheap option to poss get the £7 back


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yeah I’m not going to lose sleep from not getting the postage refunded.

Bit disappointed they messed around at first.

I have bought quite a bit from them in the past but this experience is a little off putting!

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sadly that's many retailers for you.

just claim to be dropshippers and never take responsibility

 

why not buy direct next time?

if you pay by a CREDIT CARD

if you've spent between £100 and £30,000

you are fully covered under section 75

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Out of interest, what is the legal standing of these “Inspection Fees” if a retailer decides an item is not faulty?

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same as the supposed restocking fee

there is no legal basis for them.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I’ve noticed a few retailers now including them in their terms of service. Seems a very anti-consumer practice.

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and reclaimable.

 

the only time an inspection fee might be able to be charged is if goods are returned faulty within 6mts

that turn out not to be.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Do you mean after 6 months?

As this would be up to the buyer to prove the fault?

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correct

and they would have to pay for a report/inspection.

if the claim is upheld their fee gets paid under settlement too

 

as was under sale of good act before CRA came in in 2015


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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they have clealry misunderstood the requirement for an item to be FIT FOR PURPOSE rather than just afulty. However, it looks like you didnt make it clear either that you were relying on your consumer rights for a full refund sothey will remain ignorant of their errors.

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