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    • Hi.   What reason/s have they given you for declining please?   HB
    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
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Dreams bed confirmed faulty from new - still waiting


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Hi everyone.

We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018. 

We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty. 

We paid by 30 monthly interest free instalments and so just made the final payment.  

 

 It is a heavy duty king size lift up storage bed with a built in tv at the end. 

It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.

 

At the beginning of this year, we noticed it had started to dip considerably in the middle. 

Not the mattress, but the wooden base the mattress is on. 

 

on 09/02/2020 I emailed them about the issue. 

They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress. 

they sent out Homeserve on the 25/02/2020 to come and repair. 

 

He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement. 

His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.

 

Of course they didn't contact us, on 30/03/2020 I emailed them back. 

 

01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.

 

30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't.

 

15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged.

 

23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us.

I have still not heard back.

 

This is now getting beyond a joke and I wanted some guidance on how I should proceed. 

We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.

 

Many thanks

 

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send them a letter of claim.

 

 

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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Good that they have emailed saying it's a manufacturing fault - this is good for your complaint.

 

Odd that Homeserve are "qualified" to give opinion about mattresses. I'm sure they're great for leaky taps, dodgy electrics and faulty hobs but I'm not sure how they are mattress experts ?

 

I think you need to tell Dreams their own assessors have confirmed the bed is faulty and they need to refund in full and remove the bed, or you will file a court claim against them, citing the opinion. Their email of 1/4/20 confirmed this so you require their opinion about refunding you in full within 10 days.

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Ok so on 10th August I sent this email:

 

Quote

We have still not been contacted.

On 25/02/2020 and again in writing on 01/04/2020 you confirmed that the bed has a manufacturing fault. You have been given plenty of time to resolve the issue yet have failed to contact me as promised on each occasion. I therefore demand a full refund within 10 days after which I shall begin court proceedings.

Yours sincerely

 

And today they emailed back:

 

Good Afternoon,

Thank you for getting in touch.

I'm sorry that you feel this way.

You are not entitled to a refund, I'm really sorry.

 

I passed your information on to the guarantee company to discuss this with you but if you wish to contact them, their number is 0191 258 8138

 

If you do wish to seek further advice, you may call the Furniture Ombudsman. Their number is 0333 241 3209

I apologise once more.

 

Kind Regards, 

 

That number is for NGB insurance. 

I've been told their

sales team, 

guarantee department and

claims department

would contact me,

 

now I'm told to contact the guarantee company myself which when I try the number is an insurance company (which I assumed is who the bed car is with).

 

Does my email count as a letter of claim?

 

Thanks

 

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actually looking at this a bit closer at this, i'm not 100% sure after 2.5yrs, even with a confirmed manufacturing fault, you are entitled to a full refund.

but you most certainly will be entitled to have it properly repaired or replaced under the consumer rights act and of course you have the extra bolt on of this  'bed cover' 8 years extended warranty

 

i would contact the insurance co as advised.

see where this goes.

 

 

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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Ok fair enough.  Although the last 6 months have been messing about back and forth, fault was report at 2 years old.

 

I'll ring them and see what they say.  Tbf I'm happy just to have it fixed or replaced, if they refunded us we'd only have to go and buy a new one and wait a month for delivery with nothing!

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Better to keep all exchanges in writing, either by email or posted letter.

 

See how you get on with the warranty - Dreams say they've passed your details on to them but you don't have to wait for them to contact you. You can contact them but keep it all in writing.

 

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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