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    • Good luck and please keep us updated. I'm sure that your experience will be very helpful to other people who have similar problems and find this thread
    • Bankfodder, I don't understand why you think that I am trying to cheat them. It is in the best interest of the landlord to have a tenant occupying the property rather than having it vacant. But having it vacant is better than having a 'bad' tenant - there are plenty of horror stories. As a landlord, you don't have a lot to rely on before you let some occupy the property so how the tenant behaves leading up to signing the agreement is important.    I have had other issues with the agent which I didn't want to elaborate here that led me to terminate the contract as soon as I rejected this tenant. But ultimately the law is law and if my interpretation regarding the 2013 Regulation is correct, this should be straightforward and we don't even need to rely on the other clauses. I'll see how it goes.
    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
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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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