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    • we also need aLL the exhibits too. please. you dont respond to them no. thread title updated.
    • Looking for some help and advice please. My fiancé purchased an engagement ring from H Samuel on the 8th May 2023. He opted for their design service as I love rainbow moonstones and diamonds, and he wanted it to be unique. He collected the ring on 20th June 2023, the cost was £1626.00 Shortly after, he proposed and I began wearing the ring. Within a matter of weeks, I noticed the main stone had fallen out. I was devastated. We took it back to the H Samuel store and was told that they would send it back to the people who made the ring, for their advice. If they felt it was damaged by me, we would need to pay for the repair. I was horrified as I had only worn it for a few weeks and had done nothing, that could be considered damaging it! I pointed out that this was an engagement ring and they had known this all along. An engagement ring needs to be robust as it is meant to be worn all the time. They took the ring from me and sent it away. They had it for over a month and then came back to me to say they would repair it free of charge on this occasion. When I collected the ring, they had replaced the original moonstone with one which was completely different. It really didn't look very attractive at all. A plain white stone with no colour and resembled a lump of plastic. I was so upset.  I told them I was unhappy with the look of the stone and it wasn't what we had wanted when we had the ring designed. They took it back and after another month, contacted me to say I could collect it. They had replaced the stone and the ring looked a lot better. I began wearing it again, but after a few weeks I noticed the stone was loose again. I had to take the ring off because i was frightened of losing the stone again and have not been able to wear it since.   I contacted H Samuel again, but this time requested a refund. The ring is clearly not fit for purpose as it can not be worn for more than a few weeks without the stone coming loose or falling out. The manager said that it was my fault as I had damaged the ring and they were unable to do anything else. There was no damage to the ring and this seemed to me to be just a way of avoiding doing anything. I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose. I sent an email to the manager of H Samuels, attached the email from the jeweller and several pictures of the ring, showing that the stone had come lose again. I requested a refund as I has given them ample opportunity to fix the ring but it was not fit for purpose and could not be worn with confidence. He responded by saying they wanted to take the ring back to assess it. I replied that they had already had it twice and I do not believe they could do an impartial report on their own work. I suggested that if they were not prepared to accept the word of the jeweller I had already seen, we could agree upon another independent jeweller and have another report done, which we would agree to abide by the findings. He completely ignored this suggestion and has not given me a refund.   Getting engaged should have been one of the most special times of our live, but H Samuel have completely ruined it. We have both been through so much hurt and upset over this and just want our money back, so we can buy a ring that I can actually wear. I seem to be going around in circles here and it is clear, they don't care and do not intend to help. I am just looking for advice on what to do next please?  
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. ............. also there is no such things as the OWNER in private Parking Speculative Invoice  its the REgistered Keeper on the cars V5C. dx  
    • Today we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy. Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence. Looks like they want our defence struck out. The claimants solicitor asks us to acknowledge safe receipt. The envelope was already open when it arrived (I guess was not stuck down properly). N244 application for summary judgement.pdf
    • Thanks for all the help which I’ve learnt more in the last few days from the people on here, I only wish I’d come here sooner. like I’ve said before I’ll take all the advice to heart and try and get these problems sorted. ill keep you informed and will ask for help where it’s needed. cheers.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Faulty cooker


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i bought an electric cooker Thursday 7th December from Facebook marketplace. The company had 5 star reviews and seems to have a steady flow of stock to sell. The cooker was delivered and installed at 8pm that night - everything seemed fine. I get home from work at 11pm and decided to cook some sausages. The oven had been on for 10 mins and the glass panel on the oven door completely shattered. After taking a closer look it is riddled with rust. I have the invoice receipt (i paid £170 in cash). I have an 8 year old son who has learning challenges and is currently being tested for autism. I contacted the seller asking for someone to come and collect the cooker asap and asking for a full refund, to be told no. He has stated because my partner saw it working when it was installed, he believes we have tampered with it (we havent). The engineer literally turned it on and off again (he also failed to turn the fuse box off before installing,  my partner had to do this). The seller has stated because i reported the damages 3 hours after it was installed, he wont refund me. He has offered to 'try' and find a new door at a cost of £20 which i would have to pay. The cooker is supposed to have a 6 month warranty. After questioning the seller some more, he told me he only received the cooker that morning, after going through previous communications with him, the cooker delivered wasnt actually the one we had chosen. Is the seller in the wrong and can i get my money back? 

i bought an electric cooker Thursday 7th December from Facebook marketplace.

The company had 5 star reviews and seems to have a steady flow of stock to sell.

The cooker was delivered and installed at 8pm that night - everything seemed fine. I get home from work at 11pm and decided to cook some sausages. The oven had been on for 10 mins and the glass panel on the oven door completely shattered.

After taking a closer look it is riddled with rust.

I have the invoice receipt (i paid £170 in cash).

I have an 8 year old son who has learning challenges and is currently being tested for autism. I contacted the seller asking for someone to come and collect the cooker asap and asking for a full refund, to be told no.

He has stated because my partner saw it working when it was installed, he believes we have tampered with it (we havent).

The engineer literally turned it on and off again (he also failed to turn the fuse box off before installing,  my partner had to do this).

The seller has stated because i reported the damages 3 hours after it was installed, he wont refund me.

He has offered to 'try' and find a new door at a cost of £20 which i would have to pay.

The cooker is supposed to have a 6 month warranty.

After questioning the seller some more, he told me he only received the cooker that morning, after going through previous communications with him, the cooker delivered wasnt actually the one we had chosen.

Is the seller in the wrong and can i get my money back? 

Edited by BankFodder
Restructured in order to make it readable
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Yes you can get your money back – but don't expect that it will be easy.

What is the name of the supplier?

 

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Under the Consumer Rights Act 2015, you have a short-term right to reject if a defect manifests itself within the first 30 days of ownership.

You need to assert this right in writing. Write to the supplier immediately – by email and also by post – recorded delivery – and tell him that the cooker has manifested defects (list of defects) and therefore you are rejecting it and your short time right to reject provided in the consumer rights act 2015.

Make sure you use roughly speaking this language. Send it to the suppliers immediately. Don't hang around.

Once you've done that, at least you have asserted your rights – but don't expect that to be the end of the story. It is most unlikely that they will simply roll over and accept the rejection of the vehicle. You will probably have to force the issue.
 

You may need to threaten court action but we will help you.

Have a look at our used car guide and particularly see what happens when you pay by cash or you pay by bank transfer.

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No it wouldn't affect your case although it would probably be a waste of time but why not try it just in case

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