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    • I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.   Obviously the piling receipt has to be linked to (10).   As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.   If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.
    • Hi, I’m really scared and nervous to write here, as I’ve never done anything like this before.    I had a telephone DWP compliance interview the other week, when I had the letter I thought I’d been called up at random as I couldn’t think what I’d done wrong.  In 2016 I started an open uni course part time as I was working, however a few months later I suddenly became unwell and was off work a year before finally becoming dismissed. I had to claim ESA while I was still employed as I hadn’t paid enough tax. My mum helped me make the ESA claim over the phone and one of the questions was ‘are you in full time education’ which I replied no to, but we said I had as at the OU part time.  I had to attends job centre visits and told them again about my open uni course, and every year I phoned up for a letter to confirm my ESA for my student fee loan and a part time grant.  The compliance officer is investigating me because I hadn’t declared my studying even though he had it down that I said I was with them. So I’ve had to send in all my information on my student grant which is £1155 a year.  I’m terrified of what is going to happen because I’m sure they had everything down about it all. I’m still claiming ESA for my illness and I’m in the support group, and I’m upset because I’m sure everything was down.  I just wondered if anyone knows what’s going to happen to me.    Best wishes 
    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
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Faulty Monitor - Amazon Third Party **REFUNDED BY AMAZON**


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Hi

 

I ordered a new monitor from Amazon, this order was fulfilled by third party seller called Ikonic Technology Ltd.

 

The monitor was delivered today.  As soon as I power on this monitor, the household RCD trips.  I have tried the monitor in different power outlets which I know to work, and the same RCD tripping issue occurs.

 

I have initiated a return through the Amazon website.  This has generated an automatic response from the seller stating the address that I am to return the item to; and that the most they will refund for postage is £3.75.

Clearly posting back a monitor that weighs nearly 10KG in it's box, is not going to happen for £3.75  - let alone a courier that doesn't have computer monitors on their 'excluded items' list.

 

Am I within my rights to write to the LTD Companies own registered address, rejecting the item and requiring they pick it up themselves ?  Effectively bypassing the entire Amazon return process ?

 

 

I wasn't sure whether my contract as with Amazon directly, or the third party ?  So, I carried out a little research myself.   The answer seems clear to me:-

 

( accessed on 12th Nov 2021,

Quote

 

6. Amazon's Role

Amazon allows third party sellers to list and sell their products at Amazon. In each such case this is indicated on the respective product detail page. While Amazon as platform provider helps facilitate transactions that are carried out on the Amazon platform, Amazon is neither the buyer nor the seller of the seller's items. Amazon provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Amazon is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Amazon wants the buyer to have a safer buying experience, Amazon provides the Amazon a-to-z guarantee in addition to any contractual and statutory rights.

 

 

 

 

Thanks

 

 

 

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contact them and advise you cant find somebody for £3.75and that as the item is faulty they are fully responsible for return postage. 

You did make the items as faulty not fit for purpose so that they have to refund the postage. 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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go amazon directly , you should not have to pay return postage either, its faulty.

 

dx

 

  • I agree 1

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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Thanks.

 

Part of my concern is the fact that I can't find a courier service that doesn't have computer monitors or glass on their list of excluded items.

 

I have read a few of the posts relating to claims against these courier firms and I suspect these 'blanket' exclusions probably aren't enforceable anyway.

 

I probably am over worrying - so I should just return it via someone like DPD through Parcel 2 Go and let the Amazon process take its cause.

 

To Amazon's credit, they have just told me if I book a courier myself today - they (Amazon) will refund me the postage charge themselves.  

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unusual they are not issuing a free label, they usually do that via email pdf.

 

dx

 

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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Dont just return it. You need to contact amazon re this 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I did.

 

Amazon said arrange the courier myself and they will refund me the courier fee if I send them a scan of the Invoice.

 

I think the future lesson here for me is to try to only pick goods that are fulfilled by Amazon themselves.  In my experience Amazon fulfilled orders where a return is needed are handled with utmost efficiency including a pre-paid courier label.

 

Sometimes you have to look quite closely to see whether a given item, is fulfilled by Amazon themselves or a third party.  

 

 

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use parcel force

 

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

Actually, it turns out that Monitors are on Parcel Force's exclusion list.

 

The only courier that I can find that will deliver a monitor is on DHL's own website.

 

The total cost to send my monitor  (12 KG) with a signature  is £36 !!  Because I have declared the monitor's value truthfully at £267.99; the DHL website forces me to pay an extra £13.40 for combined signature and protection.

 

If I don't select this option, the site says they won't collect a signature and may just leave the parcel with a neighbour.

 

 

This whole courier business seems massively stacked against the consumer!

 

I will phone Amazon again and see what they say.

 

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If possible you should try to do this using a chat facility so that you have a clear written instruction as to how to send them the monitor.

Even if Hermes or somebody else doesn't accept monitors, if Amazon direct you to do this and if they give you the prepaid label – then it is entirely their responsibility whatever happens

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Agree with Bankfodder. Further to this if they try anything on with we never said that then you have proof. 

Yes Amazon do try it on. I have something that has moved date of delivery 3 times and they always say it due this day and its the original date. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Amazon are keeping a firm step away from this because they say its a third part seller.    They have emailed the third party seller asking them to contact me with regards to getting this item returned to the third party.

 

I received an email from the third party stating they would collect the monitor from me if I wished.  Naturally, I have replied that I do want the monitor to be collected and a full refund issued.

 

The third party emailed asking me to clarify whether I wanted them to collect the monitor or if they could send me a new power supply to try!     I'm not sure I could have made myself any clearer in my previous reply to them as to the resolution I require.

 

I've replied yet again asking the third party seller to collect the monitor from me and to issue a full refund.

 

This is starting to feel like pulling teeth.

 

This correspondence is all on the Amazon messaging system.

 

If I don't have some news in a couple of days, I may just write recorded to the third part Ltd Company's registered address.  Perhaps that will focus their minds a little  more.

 

Ikonic Technology Ltd don't appear to be a small company.  Am I just an annoying mosquito to them?

 

 

 

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Well you can escalate it with Amazon if they start not being cooperative. I had to earlier this year as 4 times the seller ignored me  l asked how many more chances amazon are going to give the company and pointed out they had been contacted 4 times on my 5th contact to Amazon then they said well we will forward this to there managing agent within 10 minutes l had a call back saying getting a refund. 

Was there next day

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I've received another reply from them this morning, 

 

Quote

Good morning We are able to collect this item Monday - Friday for testing. Please could you advise a date that would be suitable for this for yourself? Kind Regards

 

Its lovely that they wish to carry out testing to satisfy themselves there is an issue!  My response to this message was

 

 

Quote

  Hi Today, Thursday or Friday would be fine for collection. Please be aware that this is a return under the 2015 Consumer Rights Act as I have rejected the item and require a full refund. Kind Regards

 

 

 

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  • 2 weeks later...

The supplier finally sent a courier to collect the monitor.  

The monitor was delivered to the seller on Monday.  I asked the seller when I was going to get my refund - I was advised once they got a chance to test it.

 

I've just spoken to Amazon directly today (Saturday), explaining the seller has had the monitor since Monday.  I asked Amazon how long I was expected to wait for their seller.  

 

Good news.  Amazon instantly refunded me on behalf of the seller.  I'm not sure how the seller will feel about that but I'm pleased Amazon stepped in. :)

 

Thanks for your replies.

 

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Tough

they shouldn't mess people around.

 

well done

 

Dx

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

Did you get postage 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

The first line states. The supplier finally sent a courier to collect the Monitor 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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good as long as the OP is not out pocket

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

  • dx100uk changed the title to Faulty Monitor - Amazon Third Party **REFUNDED BY AMAZON**

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