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    • Couple of things to point out. Council won't be interested in dog's poo in the caravan as it is private property.  At best the h&s department would take a statement and pictures and if it happened again they would act.   As the devil's advocate I would ask: 1. If you were so distressed to ask £4k compensation as suggested,  why did you stay for the full length of the holiday? Is it because your complaint was addressed and caravan cleaned? 2. Bed bugs? Where are the evidence? Couldn't it be another insect's bite? Most of the world population occasionally wakes up to a sore bite from unknown insects.  This can happen anywhere,  even in your house. Hands up if you have never experienced a mosquito bite in your house. 3. Manager took ownership of the problem immediately and fixed the faults. What else could he do? Move you from a caravan site to a 5 star presidential suite? Did you ask for this in writing there and then or you accepted the fix? 4. They offered £500 compensation. That's more than a quarter of the cost of the holiday. I don't think a judge would find that unreasonable.  5. Unfortunately the law doesn't act on ifs, so if something doesn't happen you won't get much interest. IF your boy had eaten the poo, the claim could have escalated by a large margin, but you, as a responsible parent, prevented this and nothing happened to your boy who went on to have a jolly good time. So unfortunately you can't claim for something that didn't happen.  To better understand this, think about a window cleaner leaving his ladder resting on a wall. IF the wind blows it on my car i could claim damage, but not before it happens.   So, my approach would be more pragmatic, by all means ask for more and see what happens, but £500 it's already a good offer in my opinion.    For future reference, whenever i go to holiday parks, caravan sites etc., first thing I do is to clean the lot. It takes an hour or so, but then i'm sure that i won't get any problems from hidden bacteria or other nasty surprises.  I know it shouldn't be this way, but it is. Us, the consumer,  have pushed for cheaper and cheaper prices and this is the result. We need to adapt unfortunately or we would be in court every day. Then there would be no time for holidays.
    • Hi, Last payments were around 2009. The last time any sort of letter showed up was about 3 years ago to my knowledge but only received by me a year after it was written as hung onto by my sister.    I haven't managed to open a bank account yet but made progress in what they required so will try this week.    Thanks for responding. At the time maybe I should have gone bankrupt in hindsight but before I left it pretty much all stopped after asking for the SAR' s. I had settled what I could prior to that.  Then after a big gap I started to get random debt agencies picking up on a few, irrespective of saying there were outstanding SAR requests they came and went and I did inform them where I was living overseas which is why Amex went for the RMA and then suddenly stopped.    You are of course right about running away. Seriously the whole thing gave me real depression which is something I only thought happened to other people. It has taken me all this time to get back to a place where I think I can take a deep breath and deal with it both for my sake and my mum.    I will keep a log. What happens might prove relevant to others and I can't see anyone else has kept one although a lot of people seem to have similar stories.    Thanks again        
    • Just make sure the Blue badge is visible in the car so the JBW bailiff can see it, otherwise he might clamp to put pressure on you.
    • Let them spout and don't tell them that you have recorded the call until its nearly ended and you have said you are logging date and time of all calls as they are in breach of the Protection from Harassment Act 1997    Prohibition of harassment. (1)A person must not pursue a course of conduct— (a)which amounts to harassment of another, and (b)which he knows or ought to know amounts to harassment of the other. [F1(1A)A person must not pursue a course of conduct — (a)which involves harassment of two or more persons, and (b)which he knows or ought to know involves harassment of those persons, and (c)by which he intends to persuade any person (whether or not one of those mentioned above)— (i)not to do something that he is entitled or required to do, or (ii)to do something that he is not under any obligation to do.]
    • It wasn’t recorded as to be honest, I was caught a little off guard however they are calling on a daily basis so I’ll make a point of recording the next one!   there won’t be any crumbling here. I’ve just been reading through the history of this to jog my memory on some of the events and it’s reminded me just how pathetic they are as a business. I fully intend to waste as much of their time and hopefully money as possible. 
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thecookiemonster

Cash Converters Issue***Full Refund***

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I bought a phone from Cash Converters online, and they offer a 14 day return policy.

It was brand new and sealed and I sent it back within 6 days, I took photos of the phone before sending it back.

However, because I have opened it they have refused to refund me, they have stated that they can either and I quote "Re-Purchase the item off you (the amount you purchased the phone for with the amount we beleive you have de-value it deducted.)"

"Re-Dispatch the item to yourself."

I'm thinking of taking it to Trading Standards and the Small Claims Court.

I believe that this is wrong and I am entitled to a full refund

Thoughts please.

Thank you.

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Changed my mind but they have a no quibble 14 day return policy and even their own T&c's state:

 

"You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The item must be returned to us in full working order as new or in the same condition as it was when purchased within 14 working days after the day the item was delivered to you. However we cannot accept cancellations of contracts for the purchase of audio, video, or DVD recordings, video games and software products where the item has been unsealed (this does not apply to goods which are faulty or not as described and which you may be entitled to reject under your statutory rights)."
 
It wasn't used, just put in a case, turned on, used briefly and put back in the box, the accessories weren't even used.

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There shouldn't be a loss, it was bought for £610 plus postage, I lose the postage but should be refunded the full amount as it was only unsealed, I'm allowed to unseal the box to inspect the goods under their own T&C's and under the Consumer Rights Act 2015.

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Posted (edited)

I wouldn't accept any loss given the circumstances.

Edited by thecookiemonster

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I do have some legal knowledge as i studied Law a good 15 years ago, I just wanted to check that I am right in what I am saying and that I should be refunded in full?

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I've just got another email from the Manager stating:-
 
"We will re-disptach the item first thing in the morning in this scenario and I will let you deal with Trading Standards.
 
In regards to you "Proving the item was sent back in new condition" in the fact the ite is now un-sealed and now the handset and accessories show signs of use"
 
Well firstly, the acessories weren't used and the phone wasn't used and I took several photos of it before sending it back, it was in new condition.
 
And I don't want the phone sent back to me, I have already made that clear.
 
I am fuming by this. any advice please? Thanks.

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Refuse any delivery : that is their problem.

LBA, then county court claim, if they push it that far.

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It was actually the Assistant Store Manager that has been emailing me today.

 

I've put a complaint into their customer services/head office email address and will see what happens, but will be doing a letter before action also.

 

Not sure why they are acting like this, if it goes to Court I think I'd win without too much of an issue, hopefully they will just fully refund this week.

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An unsealed phone surely is less valuable than a factory sealed one.

That's what they're saying I suppose, and to make it better they also added that the handset and accessories show signs of use.

Only you and them know what happened to the phone, so it's your decision to insist on the refund or lose some money.

Frankly I always thought that the law should specify a longer and better list of products that can't be returned opened and phones should be in that list.

In all honesty if I bought a new phone and I received an open box with fingerprints on the screen I would be sending the lot back, wouldn't you?

Don't forget you also have the option of chargeback/section 75.

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The matter still remains unresolved, I am sending a letter before action tomorrow giving them a further 7 days to refund before a County Claim is filed against them.

 

I will also need to report them to Trading Standards and the Financial Ombudsman.

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Have you read any of the posts above?

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1 hour ago, king12345 said:

Have you read any of the posts above?

 

Yes, and two people have stated I am eligible for a refund.

 

I've no doubts that under the Consumer Rights Act 2015 and under the Consumer Contracts Regulations, I am entitled to a full refund.

 

They are a secondhand store, they should have opened the item when bought from the original customer to test and check the item.

 

They were notified within 6 days of me receiving the item that it was going back, it was in my possession for a week.

 

Apparently, the Area Manager is looking into it now, however, the Letter Before Action is being sent tomorrow still, and if they fail to refund fully it will be going to Court.

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Have you looked at the possibility of a section 75 or chargeback claim?

It might be easier and faster than a county court claim.

As a word of caution though, if you have used the phone, even for a few hours, it MIGHT show signs of use and they would be entitled to deduct some money from the refund.

You took pictures of the phone before sending it back,  but can you prove these pictures were not taken when you first received the phone?

I ask because these questions will be asked in any claim you submit, so be prepared to answer with good evidence. 

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Yes I'm already aware of the Charge back procedure, but that's generally for faulty goods etc and if Cash Converters want to stand by what they have said then out of principal I want to take them to Court as I believe I have a good case and it would be interesting to see what happens. 

 

If I wasn't confident then I wouldn't file but given the circumstances I think I can win. 

 

My photos have timestamps on and I would provide them to the Court as evidence. 

 

But I think I can win under the Consumer Rights Act 2015 and the Consumer Contracts Regulations regardless of that. 

 

It just depends whether Cash Converters want it to end up in Court or not, if they don't then they will settle it before I file the claim, as they will receive the Letter Before Action this week. 

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The other concerning issue is that they received it Friday morning, I wasn't infomed of the supposedly signs of use on the phone (which i deny) until Monday 26th August 2019.

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Most likely they will avoid court and pay given the amount as you said.

Friday to Monday was a very hot bank holiday weekend,  so it is surprising they responded so quickly.

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