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    • Hurrah! We got there.  After asking four times about the defence you've answered. To win this you will have to be a hell of a lot more pro-active and get reading up.  The standard defence is on every single claim form thread here. So first task for the evening. Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There is the standard defence. Change (6) into (7) and add a new (6). 6.  In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. Get if filed this evening.
    • OK, relenting on my above irritated post ... It's worth defending it.  At the very least they are likely to offer a deal. Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50. Please fill in the sticky as dx asked. Then dx will be on with details of how to defend.
    • Quite interesting that the Conservative East Midlands  Mayor candidate doesnt mention conservative on his promotion LOL   but he does claim that he, a Conservative politician, is the man to fix the 14 years of Conservative devastation of the region - inc 'fixing' problems inc the utter devastation of the roads, bus and train services that his party have  imposed   Must all rotate around the meaning of fixing he actually means .. fixing noun dishonest activity to make certain that a competition, race, or election is won by a particular person:   .. or perhaps he just means 'fixing' - preventing change
    • Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time. They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you. However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.
    • Will check back in when the SAR from MCB is back and get advice on how to raise the formal complaint and what to say x
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

@AO tumble dryer faulty at 13 months AO.com - brilliant customer service - **Bravo AO**


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Maybe you could tell us a bit more about the dryer.

Who did you buy it from? – Who is AO?

What make is the tumble dryer and model. When did you buy it? You

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Okay. If it's only 13 months old then clearly it is not of satisfactory quality. AO  are responsible because they are the retailer.

It's very normal for these retailers not want to get involved in this part of their selling responsibilities and so they try to fob you off. Of course lots of consumers will simply accept this and are even prepared to pay the cost of repairs because they believe that the item is out of warranty or something.

Luckily you have found your way here. Under the Consumer Rights Act you are entitled to have an item which is of satisfactory quality and remains that way for a reasonable period of time. I'm quite sure that it is reasonable to expect that a tumble dryer will work for at least five years and probably longer.

Therefore it is clear that your tumble dryer is not satisfactory quality and therefore AO are in breach of the contract and you will now have two force them to respect their obligations.

If you have been dealing with them on the telephone – then normally you shouldn't but if you do then read our customer services guide and implement the advice there before you have any further telephone dealings.

Write to the supplier and tell them that as your contract is with them, you require that they accept their responsibilities and that they either pay for the repair or they compensate you to the tune of a new machine.

Of course you have had 12 months use of the machine and so they would be entitled to make a reasonable deduction. On the basis that the machine should reasonably last six years, they would be entitled to reduce the compensation paid to you by 1/6.  However, you can let them bring up that issue. You should go for the full replacement value or a replacement machine.

At the same time go back to the company which said that it was beyond economic repair and asking if they will confirm that in writing. That will be all you need. AO will simply want to sell machines and they won't want to start being too fiddly about evidence et cetera. However, unless they are spectacularly decent, they will object to refunding you or replacing anything and you may well find that you are in a position where you have to send them a letter of claim threatening legal proceedings and you may then find that you have to issue a claim in the County Court.

We'll deal with that when it comes – but you can be sure that on the basis of the facts that you have given us, if you do bring a court claim then your chances of success are better than 95% and of course you will get your court fees back. Bringing a small claim in the County Court is very easy but don't expect an instant solution. If you do end up suing AO then the chances are that they will put their hands up before the court hearing – how quickly they do it will depend on how stupid they are. If they are really stupid then they will see you all the way to the court – and maybe into a hearing although the chances of this happening are extremely remote and of course they will lose the case.

So consider all of that. Go and get an estimate for repairs and get it in writing – so that it shows that the cost of repairs means that the dryer is a write-off.

Write to AO, point out to them that it is their responsibility and enclose a copy of the estimate for repairs which shows that it is a write-off. Ask them what they propose and tell them that you want a response within seven days.

I doubt whether it will make any difference and I fully imagine that we will have to go onto the next step – but don't give them more than seven days to respond. You don't want a nonworking tumble dryer hanging around your home – and of course being winter you probably need one anyway.

Come back here when you get an answer

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Well, that was a good result. Maybe AO are better than the average white goods supplier

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Don't worry about it being an inherent fault. That's irrelevant. However I would have thought that it was pretty basic that you would need an estimate for repairs even if it was not economic.

It's absolutely reasonable for them to ask that information. I suggest that you go back and get a figure. Then we can move forward

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Well I'm sorry if this sounds harsh but I don't see a lot of point in getting report that doesn't include a valuation in its conclusion.

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How much was the report? In principle they should reimburse you and if they force you to go to court then you should certainly claim this. You can claim anyway but it might be a little negotiating hand and something that you are prepared to give up in order to get the main refund that you are after and of course it then hands them some Face. It's always useful to have something in reserve to give away so that your opponent doesn't feel so bad.

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Don't worry about the "inherent" thing. The important thing is that there is a fault and you've only used it for about a year so it is not satisfactory quality. That's all you need.

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You are waiting for a call back. Bad move. That means that you place yourself in their hands so that they have control. Have you decided how long you're going to wait for them if they don't phone before you start phoning.
You should keep the initiative and that means that when you have a conversation with a company and they undertake to do something, you will then arrange that you will phone them on such and such morning or some such afternoon. I'm almost sure that it gives this advice in our customer services guide. No doubt you have your recorder installed so you will be able to record the conversation when it happens

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First of all thanks for updating us. Congratulations on resolving this without too much difficulty.

Secondly, a big Bravo to AO. This must be one of the most customer-centred companies we have ever come across and it's up there with the same standards as John Lewis.

I suggest that you put up a review on Google and give them five stars and also on trust pilot.

The 45 quid deduction for use is slightly on the high side but given the fact that you are being put to any further trouble in terms of escalating complaint or threatening legal actions. This is very good.

Well done

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  • BankFodder changed the title to @AO tumble dryer faulty at 13 months AO.com - brilliant customer service - **Bravo AO**

I'm looking at my posts on this and I can see that I have been deeply suspicious of this company. It seems that my suspicions are completely unjustified and I'm afraid that they are affected by the kind of poisonous treatment that most retailers handout to their customers.
It seems that ao.com are an exception and I hope that all their customers stories have the same good experience.

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