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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Capquest/Drydens Letter of Claim - old Virgin/MBNA card


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Posted (edited)

I have filled in the form as you suggested, and typed up a CCA to go with it.

 

Lets see what transpires. Hopefully they will just bugger off, but I somehow doubt it!

 

Is it ok to use a cheque for the £1 fee?

 

H

Edited by hamadryad

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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:tea:

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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Do I take it that's a yes, or are you having your tea at the mo?

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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I’ve sent the form off with a CCA, so it’s well within the 30 day period.

I put a cheque in it too, so I’ll see when that is cashed.

ltes see what transpires next.........

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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thats a good idea to give them a copy of your signature so they can copy and paste it onto fake paperwork from their filing cabinet....

did you not read all the posts in the CCA request link...

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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Share on other sites

My signature was covered by the printed name, so they can’t separate it and I’ve a different signature for cheques from my usual one too

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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😉 well be careful next time thats why we say use a PO.

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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Point taken!

 

cheers

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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  • 2 weeks later...
Posted (edited)

Hi,

 

Rather stupidly I sent the form back to the address at the bottom of the claim letter.

The cheque has still not been cashed either!

Realizing my mistake, I wrote to the correspondence address they gave, refuting the debt on the grounds that they had not complied with a CCA request.

I enclosed a PO for £1 and didn't sign anything.

Is what I have done sufficient, or should I ask them for a new form.

 

H

Edited by hamadryad

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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what form? you dont use their form 

you use the PDF in the guide i pointed you too

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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Share on other sites

I used the letter from the section you pointed me to.

I left out all my details from their form, and refuted the debt for the reason you said.

ie they had not complied with a CCA request.

I sent a new CCA request with a £1 postal order.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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1 hour ago, hamadryad said:

I left out all my details from their form,

 

but you didn't use their form they sent you , the one with the letter of claim from drydens

you used the PDF from us on that link and sent that to drydens?

 

and you sent a sep CCA request too, to the debt owner Capquest?

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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Share on other sites

No no. I sent their form back notated as you suggested and sent a cca request.

sent the letter refuting the debt to the correspondence address and a cca there too.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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why cant you reply in plain english:frusty::noidea:

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... 

Link to post
Share on other sites

Sorry.

I sent their form and a cca request to the address at the bottom of their letter.

the correspondence address was at the top of the letter & in smaller print.

I sent a letter denying the debt and another cca request to that address.

So, for the avoidance of doubt. I sent their form and a cca request, together with a £1 cheque to Dryden head office, in Leeds, and I sent a letter denying the debt and a cca request with a po to the correspondence address in Huddersfield. 
 

Sorry for causing confusion. 
 

 

H

 

Hopefully that means I’ve covered the bases well enough.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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i hope you didn't fill out their requirement for your in/out?

 

what you should have done.

which is very clear in post 2 here.

 

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Court Procedure and General Guidance - Consumer Action Group

 

i assumed from your other thread you'd read and understood it

 

no matter lets wait and see.

 

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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Share on other sites

No!

 

I definitely didn't fill in THAT form.

Anyway, today I got the form I did fill in, (the one with the advised sections as per the link), with the cheque and a note saying it was being returned because it is no longer required.

 

I plan to send another cca request to capquest later on too.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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And so it begins......

Had a letter from Dryden this am, saying that they have received my complaint & that they are passing it on to arrow.

Separately I sent the cca request to arrow, in the form of the letter in #2 you referred to.

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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Had 2 letters today.

1 from Dryden returning my postal order saying that it is no longer required, and 1 from arrow saying that there is no longer a fee required to process a cca request, and that my cca request has been passed to their admin department.

 

is there a timeframe in which they must comply with the cca request?

My memory tells me it is 12 + 2 days, is this true?

 

H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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12+2 working days, but as you aren't paying anyway now...

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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Share on other sites

Hi,

 

Thank you.

My guess is that they will fail, as they have done before, so I guess I can carry on ignoring all correspondence.


H

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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Hi,

 

Well I've heard back and guess what?

They say they are will make every effort to respond within the regulatory timescale, but responding by mail may take 8 weeks, and they've supplied an email address for 'my convenience'!

They say this is because of Covid.

I say tough!

 

Also got 2 letters from drydens saying they've passed it on to their clients.

 

I guess I can go back to ignoring them all again.

 

There is a tide in the affairs of men, which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life is bound in shallows and in miseries.

On such a full sea are we now afloat, and we must take the current when it serves,

Or lose our ventures.

 

:tea::tea:One the other hand......Sod this, I'm off!:tea::tea:

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yep.

 

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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