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    • Sweatband.com 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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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National Engine Center cardif


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can someone please advise.

 

I sent my car to national engine center to have the engine replaced.

the car was returned with body damage and had 30Miles extra on the clock.

 

I paid for it through paypal and after opening a dispute this garage finally agreed to take the car back on condition that the paypal case be closed,

they agreed to repair the list of damage I provided and within 7 days return the car.

on day 14 they sent the car in for a MOT without consulting me first, the car failed.

 

it has now been 3 weeks and they won't return the vehicle,

they say I can fetch it if I want as they are waiting for an order from my area and only then will they be able to deliver my car.

 

the only way I have of fetching this vehicle is to have it transported,

something they should be doing as this was the agreement they entered into on Paypal and it is part of their service they offer.

 

They wanted to drive the car to me from Cardif to outer London (without asking me).

Every time I speak to the Owner he threatens to remove the engine refund my money and return the car with the original engine on a pallet.

so I am in a bit of a pickle as to what course of action to take, and how do I get them to just bring my car back

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consumer rights act.

send him a letter demanding what you want to happen

give him 14 days

then issue a letter [court] before action.

 

how do you pay paypal.?

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 paid through Paypal with a debit card attached to my paypal account.

 

Paypal advised them to request the case be closed.

I closed it but arranged with paypal that I get 14 days to reopen.

 

Paypal now have a ticket open escalating the case to senior management and will update me in 72 hours.

 

My concern is , am I poking a hornets nest if I start down the court route.

What happens if the garage removes the engine and leaves my car and engine outside their premises, refusing to deliver.

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"They wanted to drive the car to me from Cardif to outer London"

Why don't you let them?

That way you'll know if it's gonna break down.

Just make sure you make them sign a delivery receipt stating date and time, in case of a speeding ticket.

Also, you said they put the car through an mot without you knowing.

Why would they do that?

What did it fail on?

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once the engine was replaced they returned the car on the back of a flatbed,

a few days later collected the car to fix the body damage,

 

apparently the delivery guy drove it onto the flatbed and hit the underside of the front bumper on the ramp and snapped the headlight mounting,

as well as misaligning the grill (nose) from the bonnet so much so that the bonnet would not close.

 

after the nose was realigned,

nothing else was fixed,

they took it upon themselves to send it in for the MOT which failed.

I don't understand why the MOT check was done as there was only body work done.

 

MOT failed on rear Brakes and falls under the new rules as dangerous and cannot be driven before it is fixed.

When they replaced the engine they replaced a 1 inch piece of wire on the fan and charged me £100 claiming the fan was the cause of my engine failure in the first place,

 

I know my engine failed due to timing chain, AA diagnosed.

So I am a bit reluctant to pay them for brake repairs and recheck of MOT.

I have looked up this garage and found a number of bad reviews on Honesjohn and AA forums, unfortunately I didn't find these before I sent my car in.

 

https://www.honestjohn.co.uk/forum/post/index.htm?t=85360

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consumer rights act.

send him a letter demanding what you want to happen

give him 14 days

then issue a letter [court] before action.

 

how do you pay paypal.?

 

Thanks, is there a template available which tells them they have failed to compy with the consumes act and the LBA, thanks

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