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sprungspringer

Help please Direct bikes retail ltd

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Of course, whilst consulting visa they requested i send the item back as part of their terms, i explained that they have several addresses so i wasn't sure where to return it to. Visa suggested i sent them ( DB ) an email asking for the address to return the bike, They replied with,

 

" Your right to reject the goods was upon delivery when you are required to inspect the goods.

 

We will not be accept back any such return and we will not be engaging in any further communication regarding this matter."

Edited by sprungspringer
mistake

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Nice. :/ But not surprising coming from them.

 

I expect people will be along with more advice for you.

 

 

HB

Edited by honeybee13

Illegitimi non carborundum

 

 

 

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Have you sent the Letter Before Action? If not, why not?

 

 

 

If you have and the 14 days have run out, register with MCOL (money claims OnLine) then file your claim. Below is a pdf of court fees.

 

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/728133/ex50-eng.pdf

 

 

Name direct bikes as the defendant. I would suggest that you use the name on the invoice rather than their new name. Direct Bikes my dispute this and try to wriggle out of it by saying they are not the correct defendant and this is why I queried the two names so you could put the new company as a second defendant.

 

 

Lay out in simple terms what the details of the claim is. i.e Bike damaged. defendant refuses return, Breach of the Consumer Rights Act 2015 and whatever you can think of.

 

 

If your case goes the same way as the other one then Direct Bikes will offer you the full costs and pick up the bike but I bet they will want a confidentiality agreement which means that they will want this thread taken down and any other reviews removed.

 

On CAG, we don't remove threads so no matter what they want, this thread will stay up. They will argue all the way to court but I'm betting they will capitulate before the actual date. They know they are in the wrong and are bluffing when they state, no refunds or returns.

 

 

 

 

Work out what you have paid for the bike and any other costs associated with the bike (NOT the court fee) and this is the amount you can claim. Add on the court fee and then when satisfied post up what your initial particulars of claim here for the team to look at and amend if needed. Then file the claim and pay the fee. Direct Bikes will be assumed to have received the claim form three days after the court post them.

 

 

Going to court is not the easiest of tasks but it seems that is the only way you are going to get your money back.


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Hi silverfox I am still going through the paces with visa dispute at the moment can i apply for small claims at the same time ?. I have made him aware that i will not let this matter drop. how ever i do not think i have put it as formal as that seems to be( letter before action ). Shall i do this now ? I have been told i have to wait 30 days for his response to visa ?.

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I'm not expert in this but I thought someone said that you can only have a Visa refund if you return the goods?

 

HB


Illegitimi non carborundum

 

 

 

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Visa said to me if i could prove that they refused to accept the return which i had email proof they would proceed with the cash back.

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hopefully do u think i should wait for reply or just go ahead and send the letter of warning and file small claims ?

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I have been told i have to wait 30 days for his response to visa ?.

 

urm that's a load of ole bull!!they should be refund immediately

they do not need his 'permission' nor 'input'


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We seem to be going round in circles. Visa state they need the goods returned before refund. Direct Bikes are refusing to take the bike back. If you have supplied Visa with the refusal email then they should refund straight away and not faff around as they tend to do.

 

 

You have two choices. Let the Visa shambles carry on and hope or send the LBA giving the 14 days. It is my belief that if you begin the court process, Visa interactions must stop. That is your quandary!

 

 

My personal opinion (and if I wasn't desperate for the money) would be to let Visa carry on with their attempts and if that fails then go to court but that's just me. Many others would do things differently


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This raises an interesting question. If cash back goes through by end of 30 days (45 for MasterCard) who owns the goods after this date??

What action does the law require regards disposal of goods if seller won't uplift or accept goods back.

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the seller owns the goods and can make arrangements to collect. If tye are not collected within a year and a day then they are the OP's to dispose of how they see fit. This waiting period can be altered by written communication on this, hence pawn brokers having their terms specifying the pledge period but it must be reasonable notice

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You could also be charging them a fee for looking after the goods until collected. A reasonable amount though. Don't be silly. Some thing like £3 per day.


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Sorry, no you cant unless that was agreed at the outset or you are a motor trader or similar professional and covered by legislation that allows such charges.

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Hi all just an update finally heard back from Visa and surprise surprise he disputed the claim !!. I will now send the letter before action and then go onto small claims court any information i will need ?. Also how long do i give D B to reply to lba ?. many thanks

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It is a requirement that you send a letter clearly stated Letter Before Action and giving them 14 days to respond. Send this letter by signed for delivery or even Special Delivery (this costs a lot) but it ensures that they have signed for it. It's likely they will not respond to your letter so on the 15th day, register at MCOL and file a claim.

 

 

In our library are some posts about filing a claim. Have a good read and other threads about filing claims and that will give you a head start on doing it properly.


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Hi Silver fox thank you, as all correspondence so far has been by email should i email this too as well as posting it ? Citizens advice said i can give just 7 days as it has been going on for so long. lovely will have a look at the files. many thanks

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I would post as well. emails can be missed or ignored. I disagree with CAB. Giving 14 days will look that you are being reasonable. Once Direct Bikes have received your claim they may try to pay you if you discontinue the claim. If so, make sure of the terms they are offering. If that means you removing adverse posts on the internet, you will not be able to comply s this thread won't get deleted. (something they have demanded before in a separate case)

 

 

Just before issuing the claim, come here and I will alert a couple of people who have had experience of taking court action.


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Hi thanks silverfox i have posted and emailed, he came back the next day telling me that he has given his final response on this matter does that mean that i can go ahead and file the claim now ? many thanks

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He really is calling your bluff on this isn't he.

 

 

As you have his response, the only thing left to do is file the papers on MCOL

 

 

 

Consumer rights act and guidance

http://tinyurl.com/ybj8tgss

 

I'm sure I have seen a guide to starting a court claim but for the life of me, I can't find it


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Thank you silverfox, just one last thing if it does go to court and the judge finds in his favour what would be the financial impact on me ie do i have to pay his costs etc ? many thanks again.

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As this claim would be in the small claims court, each party are responsible for their own costs unless one party is being blatantly unreasonable. This case should never have got this far but as Direct Bikes have prevaricated and obstructed you at every turn, court is the only option you have left.

 

 

I will now alert more members of the team to assist.


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

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Ah great thank you i will apply for the claim any advice most appreciated, i have read most of the articles i think. just have a few issues as to whom to address as the person i am claiming against etc.

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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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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