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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Faulty cooker with 12 month warranty purchased, seller is ignoring my calls

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Hi,

 

I purchased an induction cooker from a seller on eBay and the eBay listing said it had a 12 month warranty (purchased 13th December)

you can no longer see the listing page but they delivered it to me and gave me an invoice with 12 months guarantee written on it and £240 paid (£190 for the cooker, £50 delivery).

I was shown it working but they only showed me the front hobs.

 

the first time I used it I noticed that one of the rear rings only works if you push down on it until it gets started and the other rear ring will only work while you push down hard on it (which makes it impossible to cook with).

 

The rear hobs are the only boost capable hobs and boost is the reason I wanted induction hobs.

I can only cook one large pan at once as the other large rear hob doesn't work.

 

When I phoned him up about it he said don't worry you have the 12 month warranty

(at one point I was told this is a parts and labour warranty, it may have been on the original eBay listing I don't know) and to call him if it got any worse.

I felt sorry for him, I don't know why I'm not normally too soft but I said OK.

 

It has got worse, the other day

the ring that works normally if you push down on it at the start didn't and I had to cook on the small pan ring which doesn't heat the pan up effectively.

it's sort of working again (I have to push on it) but the other rear ring still doesn't work and it means I can't cook two large pans at once.

 

I want him to fix it.

He admitted on a phone call before Christmas he doesn't know a lot about induction cookers but said he knows a guy who does and would call me back.

I waited a month he never phoned back.

The past couple of weeks I've phoned him 3 times and sent him two text messages and he isn't responding or answering my calls.

 

I'd rather he fixed my cooker but if he can't or won't I don't see why I should have to accept a cooker I can only cook one pan on and want a refund.

It's my plan to write to him and give him 14 days to respond then try my luck with the online court claim to get my £240 back.

 

I'm on ESA so I think I can claim court fees back?

Is this a good plan?

Is there anything else I can do?

 

His delivery guy wrote an address on my invoice but I've never been to his shop so I don't know it's correct.

Can I ask eBay to give me the address they have for his company to see if it matches?

 

Any help appreciated,

I just want a working cooker.

Edited by dx100uk
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start a dispute with ebay and paypal

the product is within 6mts old ,...so FORGET any warranty, not worth the paper they are written on

use CRA.

 

how do you pay paypal?

if via a debit card, go do a chargeback to your bank and simply return the item.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Paid in cash on delivery... Returning it would be difficult it's a large cooker and I don't have a van and it was delivered by the company themselves from Manchester. The CRA looks big it will take me a while to read that.

 

This is a used item too it wasn't brand new.

Edited by dx100uk
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oh dear fell for the biggest problem PP/ebay suffer from.

you paid cash so have no protection through them.

 

your route then will be through CRA - not fit for purpose - within 6mts - down to the retailer to prove it was not faulty upon you buying it.

 

when did you first report to the seller there were issues?


please don't hit Quote...just type we know what we said earlier..

 

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I don't know exactly when I first reported it. I reported it by phone didn't record (will be doing that in future) sometime before Christmas so within 2 weeks, I think it was within a couple of days but I can't prove this.

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Looking at my phone bill I reported it the next day.

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Then under short term right to reject you should be fully refunded

You have 30 days under cra


please don't hit Quote...just type we know what we said earlier..

 

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I should be fully refunded because I reported it the next day even though it's now 2 months since I bought it?

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correct!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Not trying to be cheeky here but what type of pans are you using? Did you check the Sellers Feedback before going ahead? What brand of cooker is it?


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They're just marble effect induction pans I bought off Amazon before I bought the cooker. I had a single portable induction hob before the cooker and they all work fine with that. The cooker is a beko and the seller has good feedback. He told me he hardly sells any induction cookers though.

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