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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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xxorlsxx

Amazon uk - delivery company damaged our car on driveway. ***RESOLVED***

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Hi All,

I will keep this short,

 

we had a delivery from amazon,

the driver damaged our car,

we complained and filled out an online claims form from a company called ARC claims based in New Jersey,

 

they agreed to pay for the damage but are actively stalling payment (Various reasons).

 

I have Googled this company and many people are still waiting for payment,

i am considering taking amazon uk to a small claims court,

 

any advice would be great.

 

Many Thanks.

Edited by dx100uk
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You say that you had a delivery from Amazon – but who did you actually purchase from? Meaning who organised the delivery?


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we purchased through amazon..

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So if you purchased from Amazon and Amazon organised the delivery, I really don't understand why you have bothered to start making a claim against a company in New Jersey.


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From a quick look at ARC website they are a claims management company who manage claims against self-insured trucking companies. So I'd guess the delivery company was the UK subsidiary of one of the large, US owned companies, UPS or someone like that, and ARC are acting for the delivery company.

 

Did you get the details of the delivery vehicle that caused the damage? If so a small claims court action against them (the UK delivery company) might be a better bet.

 

But I'm wondering if it's premature to start any legal action right this minute given that you say they have agreed to pay you. Can you give more details about ARC "actively stalling payment (Various bull**** reasons)."? How long since they agreed to pay you?

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I'm probably going to disagree here.

 

There is no reason why you should have to tolerate unreasonable delays from some third-party courier company or their claims management company.

 

This is a bit like purchasing a laptop computer from Currys and then when it goes wrong being told to go directly to Dell or to Asus to get it fixed.

 

This is Amazon managing to distance themselves from the hassle of having to field complaints themselves and it also relieves them from the responsibility of having to take it up with the courier to ensure better quality.

 

If you purchase from Amazon UK then your complaint is clearly against Amazon UK. You are being fobbed off and you have already told us that you have found many other people who are similarly being fobbed off and are being kept waiting by this claims management company.

 

The way to deal with it for a very rapid solution is to send a letter of claim to Amazon. After 14 days issue the papers. If there are problems with the Amazon courier then it is for Amazon to sort it out.

 

By the way, beginning a claim against Amazon will not cancel or delay any possible payment by the claims management company. If anything, someone from Amazon might get onto the courier company or the claims management company and demand to know what on earth is going on. You may find suddenly that the claims management company will pay out – although you should maintain your claim until you also receive your costs from Amazon.


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Hi,

they agreed to pay almost straight after we claimed which was 6 weeks ago,

they claimed that they had transferred funds to my account which they had not,

they then said that my IBAN number was wrong

 

the latest was that they would wire the money in a day or two which was a week ago,

i have contacted the amazon uk management team who are going to contact ARC claims to find out why there has been a delay

 

i am going to wait a few days and see, if i get no joy the i will try a letter of claim.

 

Thank you both very much for the advice.

Edited by dx100uk
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I didn't explain fully why I think bringing a small claims court against Amazon would achieve nothing. Simply it is that I can't see how Amazon would have any legal liability for the damage to OP's car. As far as I can see the Consumer Rights Act rules (in this context) only apply to the goods themselves. If the goods themselves are not delivered or are damaged by the delivery company then Amazon are liable under CRA. But that isn't what happened, the correct goods were delivered undamaged and OP has no complaint about the goods themselves.

 

The issue here is that the delivery driver negligently damaged OP's car. I do not believe consumer rights law says anything about these circumstances or makes the seller liable for the damage. (I'm no expert on CRA, happy to be corrected if I've missed it.) The delivery company is an independent contractor and under general principles of agency law Amazon would not normally be responsible for the tortious acts (ie the negligent driving) of an independent contractor.

 

Pursuing it with Amazon as a customer service complaint is an excellent idea though. Whatever the law of agency says Amazon will want to protect their reputation and are by far best placed to put pressure on the delivery company (via ARC) to pay up.

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It doesn't have to be the consumer rights act. The consumer rights act hasn't supplanted or replaced or amended the Common Law in any way. It simply conferred additional rights.

 

We need to get away from this fixation with the CRA. There is nothing magic about it. It is simply an extra set of rules which can be rather helpful in the right circumstances.

 

The contract with Amazon is a double contract. The principal contract is to purchase the goods and the collateral contract is to deliver them. Amazon are responsible for the delivery and also for anything that goes wrong. The most obvious way in which the delivery could go wrong is that the goods would either not arrive or would arrive damaged – but clearly there are other ways in which they could be delivery problems such as damaging the purchasers house or gate – or in this instance the motorcar.

 

I have absolutely no doubt that in this case on the basis of what we have been told there is a cause of action against Amazon and the chances of success are much better than 95%.


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I didn't explain fully why I think bringing a small claims court against Amazon would achieve nothing. Simply it is that I can't see how Amazon would have any legal liability for the damage to OP's car.

 

The issue here is that the delivery driver negligently damaged OP's car.

 

The delivery company is an independent contractor and under general principles of agency law Amazon would not normally be responsible for the tortious acts (ie the negligent driving) of an independent contractor.

 

Pursuing it with Amazon as a customer service complaint is an excellent idea though. Whatever the law of agency says Amazon will want to protect their reputation and are by far best placed to put pressure on the delivery company (via ARC) to pay up.

 

Amazon tends to use it's own delivery drivers, or drivers who work through Amazon Flex, and other companies rarely (DPD/RM). I can definitely see how Amazon would be liable for the actions of those who they employ directly/indirectly.

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thread title updated


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HI All,

After contacting Amazon management team UK the claims company promptly paid!

 

Thank you everyone.

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Well done. Thanks for the update.


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