Jump to content


  • Tweets

  • Posts

    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • 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
  • Recommended Topics

  • Recommended Topics

Pot-less v Natwest.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5111 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 87
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks for that. Do I attatch it even if I don't actually understand any of it?:confused:

 

Can anyone give me any guidance on any of my other point of concern (above) pleeeeeeeeease:confused:

 

This isn't anywhere near as easy as the money saving guy made out it would be :sad:

Link to post
Share on other sites

You should find everything you need here.

 

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!! :wink:

  • Confused 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

In N150 this goes in Section H

 

 

Other Information - Section H:

 

Quote:

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

Do I attatch it even if I don't actually understand any of it?:confused:

 

It is asking the judge to issue a Directions Order that will require you to submit your court bundle (something you would eventually do anyway), but also ordering the bank to disclose a braekdown of their costs . The idea is that rather than do that the bank will settle sooner.
Link to post
Share on other sites

Thanks Michael, forgot to change that part.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Sorry if I'm getting on your nerves here but can I just clarify the points on the "draft order for direction"

The things I would be required to submit are:

a) my schedule of charges

b) copies of my statements showint these charges

c) Haven't got a clue???

d) Is this the bit in the "basic court bundle" where it lists previous similar situations?

 

Do I wait for the courts to ask for all of this information or do I just send it 14 days after submitting my AQ??

 

(Once again, I'm sorry for all the questions :oops: )

Link to post
Share on other sites

I've answered your points in red.

 

Sorry if I'm getting on your nerves here but can I just clarify the points on the "draft order for direction"

The things I would be required to submit are:

a) my schedule of charges

Yes

b) copies of my statements showint these charges

Yes

c) Haven't got a clue???

See here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

d) Is this the bit in the "basic court bundle" where it lists previous similar situations?

Yes use the cases stated in the court bundle which you'll find in the templates library.

Do I wait for the courts to ask for all of this information or do I just send it 14 days after submitting my AQ??

This is only to be submitted if/when the judge orders the directions as proposed.

 

(Once again, I'm sorry for all the questions :oops: )

  • Confused 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Thank you very much. The thread that you have linked to on there is fantastic. I'm not sure which of the two statements of evidence is the right one for me but I will look into that further once I have got this AQ out of the way as the deadline is looming!

Thank you for giving me the confidence to carry on!

Link to post
Share on other sites

No problem pot-less, I'm sure that pot will be full again in no time...:D

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

I've returned my AQ to the courts along with a copy of the 'draft order for directions' and yet another copy of my schedule!! (and copies the whole lot to Cobbetts)

 

I've also just had in the post a copy of their AQ. It goes as follows:

A - Settlement - No

B - Location of hearing - No

C - Track (small claims) - Yes

D - Witnesses - Not filled in

E - Experts - No

F - Hearing - unavailable dates - No

G - Other information - The claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim, the claimant has failed to do so.

Case management directions cannot be proposed until the claimant fully particularises her claim. In the light of this, the defendant may amend its defence or apply to strike out.

 

So - is this all standard and normal? Am I still heading in the right direction? and what they hell is it that they want from me (re: section G)

They could probably paper their offices with the amount of copies of my schedule I have sent them - what are they asking for??:-x:?: Damn Cobbetts are getting on my nerves now!

When oh when will this all end.

Link to post
Share on other sites

I've just been reading lots of other peoples threads, time and time again I keep seeing that Cobbetts have not ticked the box on the AQ thay says they've paid a fee. Is this because they aren't actually filing any of these AQ's or do they not have to pay the fee???

Link to post
Share on other sites

it sounds fairly standard from what I have seen on other threads. Someone even had that even though they contacted cobbetts and was told that they had received the schedule of charges.

Link to post
Share on other sites

Their AQ response is totally standard response, nothing to fear here me thinks.

 

Nat West don't have to pay the 100 quid fee for the AQ, but they will have to refund yours. :D

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites
  • 3 weeks later...

Update from me - Absolutely nothing has happened!

I think i'm waiting to hear from the courts at this stage (???) as both sets of AQ's have been filed (end of jan)

I'm assuming I just have to sit and wait. That's ok with me as it means when Cobbetts finally pull their finger out of their butt I'll have accrued a bit more interest and my cheque will be a little fatter!

Link to post
Share on other sites

Oh bugger - have I screwed up???

I have just been reading some other threads and on one of them it says that when you print out your schedule you should change the date on your computer to the date that you made your claim so that the 8% interest amount is the same. I haven't changed the dates so my interest figure has risen each time I've printed out. Have I screwed up (fingers are very tightly crossed!!!)

Link to post
Share on other sites

potless,

No news is good news. You are doing brilliantly. Patience is everything in this game.

Do not forget not one bank has disclosed their true costs of their penalty charges in a courtroom. The courts are inundated with these claims. So delays are inevitable, but you will get your money . I know it is frustrating, but hang in there your day will come

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Can anyone please advise me what to do - I had a minor problem and went £2 over my overdraft. I have had a statement with a charge sheet saying they will charge me £28 on 28/02/07. Should I let the charge go through and then ask for it back when cobbetts finally settle my original claim or should I ask for it to be stopped before they take it??

Link to post
Share on other sites

PLEASE HELP!!!

I have just been on the phone to the court. My case has been struck out!!

They say they sent me a letter on 31st Jan as the judge wasn't happy with my "particulars of claim" and he wanted more information. I never received this letter. I told the lady this and she said all she can do is give the file back to the judge and see if he will allow more time for me to provide the information he wants.

 

Oh god - it's all falling apart!

 

I copied the particulars of claim that everyone uses from here - any idea why they wouldn't be ok for the judge in my case??

 

I want to cry now!

Link to post
Share on other sites

I asked for your particulars of claim in post #17. Please post them at once and it may still be possible to salvage this.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...