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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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Won't Refund Till Undelivered Goods Are Returned To 3rd Party Supplier


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Hi,

Needed laptop quickly so online order form saying "in stock" and then £10 payment for "next day delivery" swung it.

 

Monday 26th - paid for via 'PayPal Credit' on Monday 26th.

 

Monday 26th - email confirmation from them - we've got your order.

 

Tuesday 27th - email from them - "It has left OUR warehouse today and will be with you on 28/10/202 >>

 

2 lies in the above sentence which brings total lies so far to 4 lies in 2 days

(it wasn't in stock, therefore no next day delivery, it hasn't left their warehouse, it won't be with me on the 28th)

 

A link in the Tuesday email tells me "the consignment has been sent directly from one of our suppliers" - another lie (5 lies now) neither shipped from their warehouse or supplier warehouse.

 

Another lie, no tracking information is available as the consignment ships from their supplier.

 

They initially ignore my request for tracking information. Obviously.

 

I look on Trustpilot and realise I'm dealing with the worst business I'm ever likely to deal with.

 

Thursday 29th - I'm not having this so I open a PayPal Resolution Case and the message is clear, cancel the order and refund the money.

 

Thursday 29th - I email them alerting them to the PayPal Resolution Case and making it clear the order is cancelled and refund required (and the reasons why)

 

Thursday 29th - email from them - "if it's dispatched I'll get you the tracking info and if it hasn't I have requested to cancel the order for you"

 

Friday 30th - phone call from them - we can't refund till our supplier gets their laptop back.

Their courier will deliver on Monday 2nd Nov so just refuse to accept it.

 

When they get it back we will refund you. 

 

Do I go along with this ?

Have I missed something because it doesn't add up to me ?

I have no idea who the supplier is or no contract with them.

 

 I refuse to accept the goods which I have told them email writing that I will refuse the goods

 (I don't want anything more to do with them) because the order is cancelled.

 

Am I walking into a trap potentially please.

 

Thank you for reading and for your expertise.

 

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who did you order it from?

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They would be right to insist upon its return before refunding you.

However, that assumes that it has been delivered.

 

If it is never delivered for whatever reason then the issue of its return doesn't come into question.

You have been instructed to refuse delivery.  You have that in writing I expect.

 

So refuse the delivery - it will be helpful if you can get evidence of that from the courier - and also record the conversation with your phone.

 

Then ask for the refund.

I would expect the refund within 7 days and I would even be tempted to demand the refund in a letter of claim so that if the refund had not been made within 14 days, I would go straight ahead and issue the good news.

 

You could certainly get paypal involved as soon as the rejection was made.

 

 

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Hi BankFodder

 

Thank you for kindly Consulting me. Much obliged. 
The figure is more than £1,600 (must've taken leave of my senses).
Once done, I'll gratefully/meaningfully contribute.  

 

I don't expect it to be delivered on Monday. We'll see. Unsurprisingly the caller couldn't give any tracking information for the alleged Mon delivery. 
It wouldn't be outrageous to expect more lies. I can conceive the unnamed 3rd party supplier is a ruse to bat away awkward questions about tracking information

 

The 'instruction-to-refuse' came in a phone call from their customer services on Friday.
The call caught me on the hop & if I'd read your 'guidance-for-service-departments-phone-calls' before then I'd have been prepared.
(Argos Voice recorder arriving this afternoon)
I have nothing in writing for their instruction-to-refuse and no recorded phone call.
(note to anyone reading this: their customer services line is not free, an 03-number, national rate, typically £0.16p min)

 

Good:

I'm confident I had the right to cancel and they have acknowledged my request to cancel (?)
1) Paid for next-day-del & it remains undelivered to this day.
2) They have 'misled' me about: || it being in-stock || next day del || has been desp.from our warehouse || has been sent directly from our supplier.   
3) They have replied in email to:
   Me:   "Please cancel this order with immediate effect and refund my money"  
   Them: "I have requested the tracking information for you if this has been despatched and if not I have requested to cancel the order for you
4) I paid with PayPal Credit (just in case) and have an open Resolution Case. This I referenced in the email that they have replied to. 

 

Bad:
1) I didn't record the call with instruction to refuse.
2) Two text messages from them say they are investigating my order and evade the 'cancelled' word.
4) Will it ever turn up to return ?
5) What's to stop them saying their supplier (?) hasn't got their goods back - for as long as they like ?

 

I can't see any obvious way of communicating further with PayPal about this while the Resolution Case is open but they haven't replied to my seller conversation meaning I can't input anything till they reply 🤔

 

My next job is to read your 'letter of claim' and 'good news'

thank you very much indeed for your help and advice 👍
 

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Stand your ground.  

 

Tell them that it is cancelled.  It has not been received.  You are exercising your right to cancel as it is a distance sale - and it is now their responsibility.  Tell them that you will refuse the delivery as instructed on the  phone but you want your refund immediately.

Put all of this in a letter of claim and give them 14 days.

 

  

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