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    • Dear CAG Team   Given the above, and not knowing what the actual account name is, I will haver to stick with that same name but the Bailiff said that once the variation is done there wont be an issue getting the money off him. What i cannot get my head around is when i set up a new payee, if the name doesn't match the account name my bank wont allow the transfer. So how is it that it authorised and allowed the transfer? Also, given the dealer broike trading standard rules and tried to sell me a death trap, then keep my deposit, why is his bank and mine protecting him by not disclosing his account name or at least making a charge back as i first attempted?   Many thanks
    • DX100UK  ill try to give as much info as i possibly can. this situation goes back to early 2022 i purchased a pc from an online company mac group ltd it was ordered and paid over the phone but they kept changing the delivery date so i ended up phoning them up and cancelling the order and got a full refund then thought it was done with,there was no hp agreement just to be clear. then i was told by mac group the pc had been delivered to mine and had it tracked to my address with a different inital but correct surname no photo of said parcel,so basically ignored it as i was dealing with my dad and my brothers estate which seamed more important as i thought the situation with the pc would sort its self out but it didnt it escalated in to mac group issuing a ccj against me and got the court pack from northants,visited by bailiffs on 3 occasions which i did not engage with,but didnt realise i needed to turn up at court so it was thrown out. mean time ive moved and they dont know my new address but started to email me jan 2024 stating they intend to recomend their client to bankrupt me,got some advice from cab re: applying the case to be set aside but as you will see from the paperwork ive uploaded it was struck off and i have no idea why as the court staff are not legally trained to tell my why when i phoned last week. mac group applied for a n244 statuary demand i am really worried ill lose the house if they do bankrupt me but i do realise i should have dealt with it sooner but i was grieving for two family members not sure thats a good enough reason. thanks. dcbl_Redacted.pdf mac group.pdf
    • Please fill in the sticky as dx asked. Was the kids' party inside the Bizspace area?
    • Hi dx, I think so I'd have to dig out the paperwork to double check. Pretty sure it is though. Pm
    • I have a problem, a serious one. On mid November 2023 my boiler (installed 10/21) failed and flagged up the code 29.10: blocked flue. The EB engineer came out and replaced the fan, said it was unusual, put it down to storms. On 16/12/23 the same thing happened. Another WB engineer came 18/12/23 and fixed it, but said it isn't the boiler, it is the flue, and that he would mend it this time under the guarantee but they would not do that again if it failed unless I got the installers to reinstal it. On 27/12 it failed again. 29.10. I did not call them because of their saying I would have to pay. I contacted the installers who responded, then stopped when they saw the WB report of 18/12. By February I had had no central heating or hot water since Christmas, so I posted a job for a heating engineer to give an opinion on the flue installation. He found the flue blocked with vegetation from the trees my neighbour planted near the wall, and which I have been desperate to get uprooted. He gave a report and photos, and agreed the flue needed reinstalling. I got nothing from the original installers, so I contacted the Gas Safe Register. They sent an inspector, who gave a full report and had the original installers down and they reinstalled the flue as instructed, and notified LA Building Regulations.   On Friday I received a certificate from the Gas Register saying the reinstallation of the flue had  been carried out by a registered heating engineer.  It was from the installers, and the certificate does say that it is 'not conclusive evidence' and they had notified the local authority Building Regulations on my behalf.  As I only received it Friday, I have not yet pursued it. On Thursday, as the installers said they had reinstalled and there was nothing wrong with the flue installation, and that the boiler was not working, I wrote to WB and asked them to come and repair the boiler.   During all this time I have been in contact with various people, including Citizens Advice.  I had hoped they would refer it to the Trading Standards because you cannot contact Trading Standards yourself.  I am hoping they will.  I have other serious issues to deal with.  I don't think elderly people are helped as much as they should be.   I had an email from them Friday - yesterday - demanding I deposit £200 with them before they come down to repair it. I told them I query that, and said I will consult on my consumer rights, sending copies of that to all concerned. This is their response: Thank you for your email. The £200.00 is reserved to ensure the work has been completed correctly – in the case where remedial work has been resolved, no charge will be taken. This is due to the amount of calls we have reattended in the past where remedial work has been said to have been completed but hasn’t been. If the issues detailed in the report from our previous visit have been issued, the money will not process and will simply go from reserved back to the customers account without ever leaving it. Under our Terms and Conditions: 6.1 Assignment and Subcontracting. We may at any time and without any notice to you assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person with our prior written consent, which we will not unreasonably withhold or delay. Please refer to our website for full terms and conditions." Can they demand the money up front like this?   It is a week's state pension.  Would anyone give a whole week's pay for something which should be under guarantee?  I can copy and paste the various reports I have had from Worcester Bosch, including the one of 10/2021 when it was installed and failed 24 hours later.  The boiler worked until November 2023.  Also, I cannot understand the terms and conditions, because the boiler was given under the ECO3 scheme.  I have been on disability benefit - DLA - since 1992 and I don't remember signing anything with Worcester Bosch.  I am not sure if I am allowed to attach all the correspondence here.  It will take time, because the page keeps being unresponsive and I have to keep clicking 'wait'
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sold Coat Via Vinted, Buyer says Damaged, Vinted say Refund, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?


sb1986

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I have sold an item and buyer claimed that it was damaged on arrival.

I suspected a scam swap out for their old item but Vinted forced I accept the return.

I have taken comparison photos and the coat has been swapped out - no damage in my original photos and the label at the neck is stitched in a slightly different direction.

Vinted refuse to acknowledge the item returned is not the same one I sent out, first they said because I accepted the return there is nothing they can do.

When I challenged that I have messages from them forcing I accept the return or the buyer will be refunded and advise to compare the item when it was returned it has now switched to the packaging was not good enough and that caused the damage. 

I am proceeding to small claims, emailed them a letter before action giving 14 days - its the principle right now more than the money. 

I then remembered I have the buyers name and address from downloaded postage label and have also sent her a letter before action.

My question is

am I able to make one claim with both the buyer and vinted as the defendants or does this complicate things too much?

I am not sure if it will be clear who is liable if I do both but from my perspective its the buyer for the scam but also vinted for refunding her without acknowledging my concern then saying its too late as she has already been refunded. 

Issue has been reported to action fraud

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  • dx100uk changed the title to Sold Coat Via Vinted, Buyer says Damaged Vinted Refunded, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?

have vinted actually refund the buyer yet?

dx

thread title updated moved to online forum

 

 

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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  • dx100uk changed the title to Sold Coat Via Vinted, Buyer says Damaged, Vinted say Refund, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?

Hi,

yes they refunded the buyer as they said the damage is the same as she claimed on arrival.

I suspended the transaction by raising an issue as they told to me to if I suspected fraud, then they refunded her pretty much straight away.

They also deleted the message I sent in the trail of the item which I found strange where I accused her of being a scammer.

I've screenshot everything else now for evidence. 

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Given Vinted Refunded them I would say this would be a claim against the buyer.

Since the buyer got their money and your item, its them that needs to pay up. Vinted haven't gained anything here.

Also I highly expect vinteds registered address is just an accountancy firm, so enforcing any judgement would be hard.

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are you actually out of pocket ? did vinted suck the money from your card or bank account?

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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