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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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You really need to start reading a few other threads and learn the process and what mediation actually is and what it entails.

 

Opting for mediation....as the court expects all parties to participate..you have complied...no risk to costs or amount claimed...mediation could fail and the claim proceeds to a hearing.....mediation may be a success...you get paid....and you wont have to pay the next fee to proceed to a hearing...thats a saving of £335.00

We could do with some help from you.

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

In the County Court Portsmouth.pdf

It would be preferable...no short cuts in litigation and using an IPad is as useful as a bucket with a hole in it in litigation 

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

Looking at their new particularised defence....something which I picked up on recently.......the following is very detrimental to your claim 

 

Quote

2. The Defendant avers that the Defendant has failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act and accepted ownership of the tiles following delivery in that:

 

a) The Defendant delivered the tiles on 20th April 2018 to the Claimant as confirmed in the Claimants letter dated 20th February 2020

 

b) The Claimant failed to properly inspect the tiles on the date of delivery and later affixed them but did not make any complaint to the Defendant about the quality of the tiles until a complaint was received by the Defendant on 20th November 2018 some 7 months later when the tiles had been affixed.

 

 

As for what happens next .......again you really should be reading around to find out the process......obviously mediation next.....if that fails ...then the claim proceeds to a hearing and the court issues further directions.

We could do with some help from you.

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I checked the tiles upon delivery and after checking for the things stated in the terms couldn't see anything wrong with the size, shade and colour of the tiles. Ive also a letter from the installer that he checked the tiles visually before laying each one.

 

Only after grouting the tiles at the 2nd stage of laying after various issues, personal and with the installer, did this issue become apparent.

 

After raising this issue with DTW did they ask me if any other tiles were like this did we check  and noticed others but not nearly as bad as some. I believe under CRA i can raise an issue 6 years after.

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Fair enough and I suppose your claim does not rely on " failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act  " 

We could do with some help from you.

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https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3

 

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. 

We could do with some help from you.

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  • 4 months later...

I think we may have asked you before to post up your documents in PDF format these.

It's important that you help us by presenting documents properly so that they are readable not only by us but also by anybody else who might want to help you all who might have the same problem – for instance is using a small screen such as a telephone

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not redacted?

 

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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19 minutes ago, kammx4 said:

Hi at last i've received this from the court and wondered what this means Thanks..

 

 

What it states...if you the claimant does not file a breakdown by 12.00pm on the 12th May  a breakdown of the amounts claimed...they will strikeout your claim.

We could do with some help from you.

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OK great a detailed report into what and why regarding the claim. Would this be in letter format direct to the judge in the letter?.

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Submit it as a Statement...signed with Statement of truth...its not a detailed report simply a breakdown of how you arrived at the total figure claimed with justified costs.

We could do with some help from you.

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Yes please. Present it here.

You want to do something in a kind of spreadsheet format where you itemise all the various expenses/costs – and at the end they total up to you what you are claiming.

I suggest that you use a spreadsheet. In the left-hand column you have the title of the expense. Then you have the actual £figure in the next column – and then in a third column you can put any notes or comments you want.

Try that and present it here

You would then send a copy to the other side and also a copy to the court

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I have just noticed that last year there was a conversation between the OP and my site team colleague @Andyorch about the defence claim that you had failed to use your right to reject.
They seem to think that it's very significant.

I think the right to reject is precisely that – a right – it's not a duty.

There is nothing so far as I'm aware in the Consumer Rights Act that suggest that you have to follow a particular process. There is nothing In the Consumer Rights Act which suggests that the act replaces or supplants the existing common law of contract in any way.

The Consumer Rights Act provides additional clarity and provides additional routes to solve problems – but the roots are exactly that "additional".

I think this would be your argument that even if you had the right to reject, you were under no obligation to use the right – because it is a right not a duty – and it is up to you to choose the basic principles of contract

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Well this problem with these particular tiles is not apparent to the naked eye and and basic inspection which would arise before the 7 days. All the tiles were inspected before the 7 days. 

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That's fine. Simply please go ahead and prepare the detailed statement of damages

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Also...and this is important...you have not updated your topic since Nov 2020 since submitting your directions questionnaire and the order you have just posted is known as an " Unless Order "....is there anything else you have not done since submitting your DQ ?

 

Did the court not send you a Notice of Allocation (N157) with its directions or a previous order to the one you have just uploaded.

 

You don't want to lose this claim on a technicality   

We could do with some help from you.

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As far as i'm aware i'm all up tp date with any correspondence with the courts. I've asked the clerk at the court to double check for me.

 

No notice of allocation received by the court so i'll have to do one and send asap.

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You cant do one ....the court send it out when the claim is ready to proceed...I was just checking to make sure you had not missed it.

They should issue one when you have submitted your latest statement of breakdown.

We could do with some help from you.

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I've 100% sent the N157 form last year. I'm going to have to go through everything and double check what i've sent to the courts. Also sent this last year.Thanks.

 

z18.pdf

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