Jump to content


  • Tweets

  • Posts

    • I have done so now I will see what they say.
    • Hi all,    So long story short, I have just received a notice of debt recovery in the post from dcbl. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. I looked up the number plate and the car was actually my mothers car, same initials but different addresses. I think they may have chanced sending it to my address as this is the first time I have received any letter of the sort.    Should I call them and tell them this isn't the right address or just ignore it.    Thanks.   
    • Thanks dx100uk - I'm not sure what the council will do next so will wait and see and update later if there are any developments. Thanks to all on the site for the advice. This has been hanging over my head for so long - wish I'd done it sooner.  
    • You can't really legislate for what may or not happen....get the credit and then see what transpires.   Andy
    • Don't worry about it. Hermes try to wriggle out of every piece of obligation that they have. As soon as you put your parcel into the care of Hermes, it is up to them to look after it and if they are careless or if there staff are criminal – then it is up to them to deal with the problem. They can't pass the buck onto their customers. Can you tell us more about the dates, what it was, value – et cetera. Have you got a formal rejection of your claim from Hermes on the basis that it was stolen? Please could you post up in PDF. If you have some other notification from Hermes that it was stolen from the van then please can you post that up in PDF format. We would love to see it. Spend some time reading around a good dozen or so of the Hermes threads on this sub- forum so that you understand how it all goes. You're pretty well guaranteed to get your money back – but Hermes as usual will spend more than the value of it trying to block you. I don't know what Hermes business model is but it makes no economic sense to me to spend so much time trying to deprive their customers of what they are entitled to along with the reputational risk. Once you have read around the Hermes stories and also once you have read about how to bring a small claim in the County Court, come back here and we will take you through it.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Faulty Oven - Bought Online


Recommended Posts

We bought a new oven from appliancesdirect.co.uk three months ago and it is faulty. 

It does not get up to it's maximum temperature according to our thermometer (and the same meals take longer) and the top oven's grill element seems to turn off and on whenever it pleases. 

 

I am not aware that either of these are marketed as features so assume they're faults. 

The other half emailed them and they told her to trot on and that her guarantee was with the manufacturer.

 

It's my understanding that our first recourse is with the retailer because it's not of satisfactory quality/is faulty, but I'm not sure which regulation I should be stating when I contact them back. 

 

Is it Consumer Rights Act 2015?  If so, I will request a repair or replacement.

 

Please let me know if I'm missing something obvious.

 

Link to post
Share on other sites

Simply write to them – email will do – and tell them that you are not interested in the warranty. You are interested in your statutory rights under the consumer rights act and that as the defect has developed within six months of purchase you are now asserting a right to insist on a single repair – failing which you want a refund.

If you want, you can make that as part of a letter of claim because it seems to me that you could be left without an oven and so maybe you should also inform them that if they won't respect this right then you will sue them within 14 days in the County Court and without any further notice.

Tell them also that it would be unreasonable for them to require you to return the oven to them and you will expect them to make arrangements to get an engineer's visit to you before the expiry of your County Court deadline.

Tell them that you appreciate that it is Christmas – but all the more reason that you need another and therefore all the more reason that you are determined to take the necessary action if they will not comply with their statutory obligations.

Link to post
Share on other sites

Thank you for your reply.  Can you tell me how you are arriving at the 14 days?  Is it because 14 days is considered a reasonable time to get someone come to fix or replace it?  If that's the case they could well send someone after Christmas and it be within good time.  I note the act states it should be "without significant inconvenience" to the consumer - would a malfunctioning oven over Christmas qualify do you think?

Link to post
Share on other sites

There is a pre-action protocol if you are contemplating County Court action and that requires that in the case of a small claim – which your claim would be – that you must give at least 14 days notice that you are going to bring a claim. This gives the other side time to respond and may be to react and may be work something out so that the claim is pre-empted.

Because I'm concerned about the fact that you may not have an oven at a particular critical period in the year, I suggested that you send a letter asserting your rights and also make it a letter of claim – which would be 14 days.

If you don't like that, then simply send a letter asserting your rights and asking them to sort it out and either give them a deadline or else simply ask them to do it in reasonable time. If then they failed to satisfy your request, you would then send a letter of claim which would have to give them 14 days.

Frankly, with all of these people if you simply send letters trying to assert a right and asking for a response "as soon as possible" then it leaves the door open to interpretation and you will lose control of the case and you will find that you will start to get the runaround.

You should always give deadlines. But if you give a deadline then you must have in mind what you going to do when that deadline expires without a response. There's no point in saying that "I'll huff and I'll puff…" and then after that you do nothing and you go away and think about your next step. This is the way to hand control to your adversary – and yes, they are your adversary and you had better get into that mindset.

On the other hand, "I'll huff and I'll puff… and I'll blow your house down" lays down a threat and a deadline and a very clear message about what will happen if they don't sort it out according to your timeline. You have to realise that it is You who must set the agenda because now you are taking control because when they had control, they didn't step up to the mark.

If you think that your oven is going to work well enough to see you over Christmas – then fine simply send them a letter and then after the Christmas period if you don't get what you want then send the letter of claim.

Of course, make sure that your oven really is defective and you haven't misunderstood the instructions

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...