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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Replacement for a Faulty Chair is the wrong Size - Who pays Courier Costs - Me or The Retailer?


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Hellooooo
I’m after some advice! Bare with me, bit of a long one!


Back in June I purchased 6 lovely chairs for £700 from a company on EBay.  

They sent them to me at my request at the end of July once I’d moved into my property.

 

About a month ago I noticed the stitching coming undone on one of the chairs  

I asked for a replacement as you dont expect that from a chair costing over £100. 

The company were great and collected and gave me a replacement no quibble.


However, when I unwrapped the chair it was obviously a smaller, cheaper chair.

Similar, but not the same as what I had.


I complained.  
This is now the issue;

They want me to pay £70 for a courier to collect the chair and for me to receive another.


My question is, should I have to pay this?

It was their mistake in sending me the wrong chair so surely they are liable? 

As you can imagine I am now in a stale mate with them until one of us gives in 🤷🏻‍♀️

 

Note:

I have opened an ebay complaint but after talking to eBay they won’t do anything.

I have opened a PayPal complaint to see what happens there but the supplier is yet to respond on PayPal and just responds in broken English through eBay every now and then that he will not send me a replacement chair 🤷🏻‍♀️

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  • dx100uk changed the title to FaultyTo courier or not to courier that is the question!!
  • dx100uk changed the title to Replacement for a Faulty Chair is the wrong Size - Who pays Courier Costs - Me or The Retailer?

which company are you dealing with?

 

they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee.

your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills.

after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.

 

 

 

 

 

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Thank you. Keep us updated and if you want to start taking action then we will help you

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frankly I would get the chair from him as quickly as possible. You can't even be sure that he has got the chair and he doesn't really sound very reliable.

get the chair then see what PayPal say afterwards and then we will help you bring a claim for whatever amount of money you find yourself out of pocket

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I’ve given them a 7 day warning to respond to me then I will go from there. 
So you are saying, pay the courier and get the chair sorted, then start a claim?

my worry is also that they won’t send me a new chair until receipt of the current. I’m kinda leaving myself open to no chair at all with their track record!

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Well it's up to you. if it's important to have the chair matching the rest then it seems to me that that should be the priority and you should do whatever is necessary.

 

Then if you find yourself out of pocket then we will help you get it back.

 

It's up to you to make your own decisions about your priorities

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just post here

 

dx

 

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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You’ll be pleased to hear after giving them 7 days notice that I would be taking the matter further they have sent me the correct chair and collected the wrong chair without making me pay for the courier.
Makes me so angry that they tried to get away with replacing my chair with a cheaper, different version and refused to take accountability.  Thank you for your help and advice.  

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Well done.

Thanks for the update

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