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    • Yes, please fill in the sticky that HB posted - the more ammo we have against them, the better.   To answer your questions.   1.  You're right.  However the PPCs have complete contempt for the law and will pursue you regardless, hoping you will finally give in, or they'll get a default judgement, etc.   2.  You need to reply to the LBC and make it quite clear to the charlatans that you will be big trouble if they do do court.  We call this the "snotty letter" strategy.  Do a search on the forum for "snotty letter" and you'll see loads of examples.    3.  Again, you're right.   4.  The best way is to deal with the matter in two stages.  Firstly, concentrate on seeing off the ticket.  Then later, if you want revenge, sue them for breach of GDPR.
    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
  • Our picks

    • 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

Aquabliss refusing to collect unwanted item


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Ordered a shower enclosure from Aquabliss. Turned out it was the wrong size by a small margin. Had to order a replacement immediately as we had a builder in doing the work.

 

I emailed Aquabliss to arrange the collection of the shower enclosure (3 packages) which are still in their original packaging. They have refused to do so stating that it is the customer's responsibility.

 

They say that they can exchange it, but they cannot collect it. They say that I have to arrange collection and delivery of the items back to them. These items came on a pallet and I have already got a quote of £56.00 for one of the packages which considering I spent over £400 on this shower enclosure and another £340 on its replacement, I am now out by over £400.

 

I offered to pay reasonable postage costs if they arranged it and they could deduct it from the refund. They have point blank refused. I have now put in an official complaint.

 

From what I can see, I rejected the item within 14 days as it was the wrong one. I have been reasonable in offering costs for collection etc. I feel like I am butting my head against a brick wall.

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quite correct you reported the issue within 14 days..and regardless yo should receive a full refund.

you would need to check their T&C's to see if you are responsible for return postage etc.

 

However, you additionally have the 30 days right to reject as its not as described?

you DID order the correct one, and they sent the wrong one?

 

if the error was yours, then sadly you are responsible for returns costs in most cases I've seen.

 

if the error was theirs, then you are not.

 

think so anyway..check CRA.

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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Yep, if not as described then they pay for the return, if your error then they can rely on their published returns conditions.

Just do a chargeback via your bank or CC provider, they will soon make arrangements. Stop wasting your time and effort on them any more, the bank is obliged to refund you and chase them if need be but that is the bank's problem so make sure you let them know that you understand your rights in this matter

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10) Cancellations & Returns

 

If you are not totally satisfied with your purchase for any reason, you have the right to cancel your order within 14 days from date of delivery. To exercise your right of cancellation you must give written (by post, by fax or email) giving details of goods ordered and their delivery for full details of how to return please email our customer service department info@aquabliss.co.uk . Except in the case of faulty or mis-described goods if you exercise your right to cancel after the goods have been delivered you will be responsible for returning them at your own cost and at your own risk, for items still in transit the cost of returning the goods will be the responsibility of you. You must take reasonable care to make sure the goods are not damaged in the mean time or in transit, should the items be sent via a carrier which requires them to be checked on delivery, please inform us of such in writing (email, fax, letter) before the delivery date, please also detail the day and method by which they are due to be delivered. Please note the return of non-faulty goods outside of the cancellation period may not be accepted and if accepted will incur a restocking charge of 15%, for goods returned outside 14 days from the cancellation period we will always offer a credit note upto 60 days. In the case of faulty or mis-described goods that we cannot exchange for whatever reason we shall ask you to return the goods yourself and refund you the reasonable postage costs. It is therefore important you make absolutely sure your requirements are correct on purchase. We will refund your money within 30 days of cancellation / return of goods less any delivery costs incurred.

 

https://aquabliss.co.uk/terms-and-conditions

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