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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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 You have most likely came across lots of complaints regarding Currys "After sales care/support"  well lack of it!

 

I find myself currently in a similar position as hundreds of other ex customers of Currys,

cutting a long story short. I purchased a Logik range cooker paid in full online with my debit card February 2020, i did not take out the Repair Care service, but why would I when my product has a 12 month manufactures warranty guaranteeing repairs or replacement etc,

 

December 23rd 2020 the outer oven door came apart from the inside oven door at the bottom "top opening" kept together at the top and swinging obviously I couldn't use as very dangerous, no Christmas dinner for us. 

 

Checked my paperwork for manufacture number, not there however it did state "contact our customer service team who will guide you in the right direction) impossible, so I e mailed, personally I like to keep a paper trail, received a reply email 15th January says "Cant do anything you have to contact manufacture on this number", so i did several times.

 

Its now May 2021 I still have no cooker, I have been through all that unrepairable and uplift number etc.  What concerns me more than anything and really gets me angry is the number they give you is not the manufacturer Logik or indeed any other manufacturer it is Care Repair UK, a contracted white goods repair service any make!! and they also provide the same service when you buy the extra care service.

 

My point is, I am more annoyed that they are getting away with this con ripping innocent people off who more than likely are struggling even me than replacing my cooker. There must e something I can do and I am asking for support to help me do this.

 

Many thanks 

 

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well thats because you all fall for or wrongly believe the same BS.

 

Any guarantee or warranty is in addition too, and does not replace, your rights under the consumer rights act.

which is NOTHING to do with any manufacturer, CRA is against the RETAILER curry's.

 

it's your job now to employ someone, or to produce a report that concludes the fault was there when the item was sold to you, as you are outside of 6mts, under CRA that defaults to the consumer.

 

 

 

 

 

 

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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I think I have to add some clarification to the advice which has been given by my site team colleague above.

Firstly, the Consumer Rights Act does not replace the existing law of contract. It simply supplements it and adds some additional solutions such as the short-term right to reject – and the right to reject within six months after giving a single opportunity to repair.
These remedies are meant to be solutions but in fact we are finding – especially with car dealers – that the law is simply being ignored and frankly from that point of view the Consumer Rights Act is not a great success.
There really ought to be in place a punitive measure for retailers who don't respect the 30 day rule and the six-month rule. But there aren't.

So what is left is that even after six months, the item which has been sold to you must be of satisfactory quality and must remain that way for a reasonable period of time. What is a reasonable period of time depends on the reasonable expectations of a reasonable consumer.

If the item starts to develop problems early on in its life then I think it can be generally taken beyond doubt that the item has failed the test of "satisfactory quality" because it has not remained that way for a reasonable period of time.
Where an item starts to fail towards the end of its reasonable life expectancy, then you have a more difficult problem and that is where as my site team colleague has suggested, that you would ideally have to find some expert evidence to show that the item had failed because there was an existing defect. You could do this by getting an independent inspection or else by finding other examples over the Internet to show that this was a known problem.


My site team colleague is right that you would have to demonstrate a defect even if the item fails at an early stage in its life – but I think that if you are taking a cooker with a reasonable life expectancy of probably, say, eight years – then I think the fact that it has developed a serious defect in the first 12 months would be taken by any County Court judge as clear evidence that it had failed to live up to the requirements of the Consumer Rights Act – that it was not satisfactory quality.
If the judge accepted that failure as evidence, then it would be up to the retailer to counter the presumption with evidence that there was nothing wrong with it and that the problem had been caused by some kind of abusive treatment.

So what I'm saying is that in the first instance, I think that the defect speaks for itself and the question now is how to proceed. I'm sure that we can help you and I'm sure that we can help you get a result.

I have to say now that you've been here since 2015 and I'm extremely disappointed to find that you seem to be unaware of the fact that you enjoy ample statutory rights to deal with this and that you seem to be lamenting the fact that you didn't take out an extended warranty and that furthermore you seem to be prepared to rely on a so-called 12 month guarantee provided by the manufacturer.


Can you please tell us about the price you paid and any exchange you had with Currys. I understand that they have simply knocked you back to the manufacturer?
Are you surprised? You're dealing with Currys. Another example of innocence.


Blesséd are the meek.

I don't fully understand the fault. Maybe you could put up a picture of the fault – in PDF format please. It will help us get a better idea what we are doing.

Also, have you had anybody coming to have a look and see if it is actually repairable?

 

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10 hours ago, skyee said:

 

 I find myself currently in a similar position as hundreds of other ex customers of Currys,

 

 

Sorry to pile more of the brown stuff onto your head – but I think that this speaks volumes.

You are not an "ex customer" of Currys.
To suggest that you are is effectively accepting that Currys' responsibilities to you ended the moment that they took your money and you walked away with the cooker.

Currys' responsibilities are ongoing for the reasonably expected lifespan of the item which you bought and this means that you continue to be their customer for at least that period of time.
 

If you can start to adopt this mindset, you will start to find yourself pointing in the right direction.
We will help to keep you focused

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hi, thank you for you replies.

Right guys points taken and understood,

 

I paid £400 for the cooker February 7th 2020,  23rd December 2020 It broke i couldn't get through to Currys via phone and I e mailed customer services, I received a reply 15th January 2021 advising not their issue take up with manufacture under the warranty and a phone number to contact so called manufacture. In the meantime i had continued to attempt contact via phone, facebook, I thought it was difficult due to lockdown etc,  

 

I rang the given number on 15th January arranged an engineers appointment for 19t January I received a text from them advising job number and mobile number of engineer, however it was a non show, I text the mobile number supplied the reply was he was self isolating job had been transferred to another engineer, I rang repaircare number they arranged another appointment for 19th February. 

 

engineer attended advised a complete new door would have to be ordered as they are factory made, no fix that day. So I waited, received text from engineer 20th March advising part was due to be delivered

 

end of April, another text from engineer 22nd March checking if I still had cooker, another text asking me to let him know when parts delivered, then no contact . I also e mailed Customer Service (via original thread) 29th January advising I was making a formal complaint,  as I understood it Currys sold me the item and it is their responsibility to sort it out, reply came same day said " This is less than a year old and needs to be dealt with by the manufacturer on 00000, the manufacturers will need to sort this out, sorry"

 

I continued waiting for this part to arrive, I contacted this repaircare 22nd April they advised the engineer had declared the cooker unrepairable and was given a code to use with currys for a replacement cooker. 

 

I also made a complaint to Currys 22nd April via resolver pointing out that this product should be fit for purpose, of satisfactory quality and last a reasonable amount of time, I   received the same response.

 

I rang customers services and finally got through on 2nd may with the code I chose a different cooker same price, great it will be delivered Friday 7th May. 3rd May received e mail from currys advising "your return request has been refused " ????? My brother went to the store where i purchased it to speak to manager on  3rd May following this e mail, he apparently checked online and said its still getting delivered Friday and ignore email as these are automatically generated.

 

No delivery as yet. 

 

 

 

  

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so you have a new cooker on the way then.

just they didn't meet delivery yesterday?

 

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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Currys are just a hopeless mess and I suppose you are realising this now.

Frankly I would send them a letter of claim. There is no downside to this. Outline what has happened and give them 14 days or you will start a legal action to recover the full purchase price of the cooker – plus inform them that you will be charging them storage for the old cooker which is non-functioning.

Tell them that your storage charge is £2 a day and will be backdated to the date that the cooker broke down.

Hopefully you will have your new cooker within the two weeks – but if for some reason or other they keep on mucking around – then you should just go ahead and issue the claim. We'll help you all the way. There's no way you can lose such a claim and you will get your money, plus costs – plus hopefully storage charges and some interest.

I'm afraid I don't see any other way of taking control other than by a sheer brute force legal threat followed by action if necessary.

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hi guys,

Im gona take your advice and escalate and include storage fees. I have my 83 year mum living with me who I care for she has onset dementia, they are aware also of this, 

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Okay make sure that you understand the steps involved in taking a small claim in the County Court. Make sure that you are comfortable with the procedure.

Draft a letter of claim and post it here.

Letter of claim should simply give them 14 days to produce the new unit to you or else you will sue them. Point out that if you have to sue them that you will also claim for the storage fees of a useless cooker which has been declared as irreparable by the engineer.
Do you have anything in writing that confirms that it is irreparable? If you do then you should enclose a copy of this with the letter of claim.

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