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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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 PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Currys Do they have a legal duty to provide a proof of the collection at the time of collection?


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I am a disabled person. Currys agrees to collect my broken laptop at my home to repair it. However Currys refuses to give me any proof of the collection at the time of the collection. Does Currys have the legal duty to provide a proof of the collection at the time of collection?

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They say they would send me a confirmation by email AFTER they take it from me and deliver it to their repair shop by their drivers. But this is not logical because I should receive the confirmation at the time when they are taking the laptop from me.

Not after they leave me with my laptop. Because I do not have any guarantee whether they really would send me the confirmation or not after they receive it in their repair shop delivered by their drivers.

Maybe they could send me SMS but because I am a handicapped person I cannot use any telephone.

I can use only emails.

They say they cannot send me any emails at the time of collection.

They do not say any reasons why they cannot.

Also, they refuse to give me any physical receipt at the time of the collection.

They do not say any reason.

They just say "we cannot."

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There is no legal obligation on them at all.
I would suggest that you let them pick it up, carry out the repair – and if there is any issue then let us know.

Presumably you have something in writing in which they tell you that they won't give you a collection receipt at the time of collection?

 

By the way, what is wrong with the laptop? How long have you had it? Have Currys given you any idea of how long they expect a repair to take?

You should understand that Currys customer service function is shocking and poisonous

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Really? It's hard to believe!

Hmmm, it is tooo sad if really there is no legal obligation on them at all, to give a collection receipt at the time of collection. This is really absurd!

I do not trust them, any more.

Yes, I communicate with them on resolver.co.uk where I have their email messages saying that they won't give me a collection receipt at the time of collection.

The laptop is one year new, in February they repaired it and is broken again. The laptop is restarting several time every day. Some expert said it could be broken hardware about the memory after I gave him a figure of the problem. I had to get this new laptop I am communicating with you now, so I can wait for the repair. But I told them I prefer to exchange it for other brand because I do not trust this one, any more. They said they will see.

 

 

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well my neighbour had a laptop picked up by DPD in the far north scotland, the driver photographed it and sent a txt to his mobile.

one point here, was the last repair for the same issue?

they only have ONE chance to repair and if it fails for the same reason again you can reject it and get a refund minus commensurate use deductions. however i will say 99% of rebooting issues are nothing to do with hardware but imbedded virus issues introduced by the user. if this turns out to be the case they will charge you and not return it till you pay them. read their T&C's carefully

 

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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Well believe it or not – they don't have to give you a collection receipt.

From your more recent comments there are far more interesting issues here if you want to explore them.
First of all I understand that you are trying to approach Currys using Resolver.
Resolver are limp wristed and you should understand that they only deal disputes with suppliers when those suppliers have agreed to engage using that dispute resolution service.
This means that the supplier is not particular troubled by the dispute resolution service. Currys subscribe to the Resolver service simply because it gives the impression that they are prepared to be flexible and to engage in that they are concerned about customer service.

The truth is that by using Resolver, they can abuse customer trust if they want yet give the impression they are trying hard.
I can imagine that many people use Resolver for Currys and other companies/industries and then when they fail to receive a solution they go away disappointed but believing that they have tried hard but there is no answer to the problem.
This is generally speaking completely wrong.

So give us some details.

When did you buy the laptop, what make and model is it, how much you pay, did you pay anything extra for any extended warranties et cetera?
How long have you had it when it stopped working the first time?
Was it repaired free of charge?
How long did they have it for before it was returned to you?
I understand that it is now been working since February of this year and it has packed up again.
Have you any idea what is wrong with it? Does it simply not turn on or is it something else?

I think it is essential that you return the laptop to them. I suggest that you pack it up et cetera and photograph it and then very carefully note the time and date of the collection.
They may repair it free of charge or they may say that you now have to pay something. Let us know.

I understand that you have now had to buy second laptop. Please can you tell us about that. Did you buy that from Currys as well? Did you inform Currys in advance that you are going to have to get a second laptop?
What is it? How much you pay?

I'm asking for a lot of information here. Please will you look at the questions very carefully and make sure you address each one so that we don't have to keep on coming back to you.

Try to answer the questions in short order – not too much narrative.

The position is that when you buy any item it should be a satisfactory quality when you buy and it should remain in satisfactory quality for a reasonable period of time.

I can imagine that any laptop computer is going to be at least £500 or so. Any laptop which breaks down in at least the first three years and requires repair work of, say, exceeding £100 is most unlikely to be considered as being of satisfactory quality or having lasted in a satisfactory condition for a reasonable period of time.
As a test, consider what would happen if Currys advertise their laptops and publicly announced how great they were and that you would only have to spend £100 or so having it repaired every 18 months or so. They wouldn't sell any.

Please answer all the questions. We may be able to take you in an unexpected direction which will be more advantageous to you.

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Thank you to all of you who replied.

Because you say there is no legal obligation on them, at all,  to give me collection receipt at the time of collection, I have no choice but to give them the laptop without receiving the receipt.

If any problems, I will contact you again.

Many thanks!
 

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  • AndyOrch changed the title to Currys Do they have a legal duty to provide a proof of the collection at the time of collection?

If they want to charge you for the repair then come back here.

It's maybe that you shouldn't have to pay for anything but as you haven't addressed any of the questions which I have put to you, we really can't go further on the advice that we would like to give you

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DX touches on what should surely represent a partial solution to this; could you not record the collection event yourself with a mobile telephone? The video would serve as proof the event took place, and the metadata associated with the video will confirm the time and place. On the basis that audio would normally be recorded as well, you could ask the driver to verbally confirm his name and his intention to collect your laptop and deliver it for repair. Or do you not have a mobile telephone?

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