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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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SPPL(Capstone) - Charges + contractual interest


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I received reponse this morning for prelim and it states a few points and encloses terms and conditions.

 

My claim was for charges + contractual interest and I have a couple of questions.

 

1) when replying with my LBA do I answer to any of their statements?

2) if it doesn't offer me the claim amount do I just send LBA and ignore their reply?

3)this was termed as a mortgage, £22000 secured, does this change any factors (i.e. as opposed to claiming from a bank account)

 

 

They are stating why they charged me for 'arrears management fee £65.00' (there was some manual intervention, emails, calls + letters etc. These ranged from 3 items upto 8 per month, don't see how they can charge the same amount for differing amounts of contact??)

 

They have also intimated that I claim the charges AND interest are unlawful, again do I have to answer this point in my LBA??

 

I understand the reason I claim for contractual interest and this is for the judge to decide and to also have a fallback of 8%, should the judge again, decide that the 12% contractual NOT be fair.

 

Any comments welcome, Ta

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  • 2 months later...

Could you please provide more detail about your claim. If it is for over £5,000 including contractual interest I would think twice about claiming it. Penalty charges are unlawful though, whether they are imposed by a bank or anyone else.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

the claim totals £750.00 and interest accrued @12.3% is £181.

 

The charges consist of unpaid direct debit fees £25.00 (8no.) and the arrears management fees £65.00 (8no.).

 

The arrears months were as follows....not sure how much info is needed?

 

MANUAL INTERVENTION NOTES RECEIVED: T = them contacting me, M = Me contacting them

 

June 2004 - T x 3 M x 1

July 2004 - T X 3 M X 3

Aug '04 - T X 5 M X 4

Sept '04 - T x 5

Oct '04 - T x 1 M x 3

Nov '04 - T x 1 M x 3

Dec '04 - T x 1 M x 3

Jan '05 - all these notes were to & from SPPL and their solicitors (solicitors fees paid upon redemption) re. possession hearing.

Feb '05 - M x 1

Mar '05 - T x 2 M x 4 (this was redemption stage).

 

These include emails, calls to advise of payment and messages left on my home phone. Can £65.00 really be justified and can the contractual rate be claimed on arrears fees?

 

Would I be best to avoid complications and claim just the 8%, have read the mortgage comps are a little more forward in defending!

 

Many thanks

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I think I'd be inclined to claim the charges and if they can provide you with a breakdown of exactly what the manual intervention cost them, you can always adjust accordingly.

 

My personal view on contractual interest is that for straightforward claims there is no basis for it in law, and I think this is straightforward. However your claim is well within the small claims limit of £5,000, so the decision must be yours. I would advise that it might complicate matters, but I know that others disagree with my view.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

I sent the LBA in January and SPPL reply stated that their understanding of my complaint was that fees and interest rate applied to my account are unlawful at Common Law, statute and recent Consumer Regulations. (is this correct as per template?)

 

They enclosed for reference, a copy of mortgage arrears statement, tariff of charges booklet, application form and mortgage offer.

 

Also summary of arrears fees and unpaid direct debit fees and each of these charges are applied as per T&C of your mortgage.

 

I am thinking now of sending a new LBA (leaving out the contractual interest) giving a further seven days to supply the breakdown of fees. Will this suffice pre-MCOL?

 

Can they ask for costs at all?

For information the agreement says Southern Pacific Personal Loans Ltd.

This was a secured loan regulated by the CCA 1974 that they refer to as a mortgage (not sure what relevance this may have).

 

Hoping to use your reply for the go ahead in writing the Letter and stating my requirements, Many Thanks.

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Thanks for the help Gizmo. Much more your area of expertise than mine.:)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The advantage of the small claims court is that costs are not awarded on either side. You can't ask for costs, and neither can they. It is down to the judge to allocate which track claims go to, but generally under £5,000 is allocated to the small claims court.

  • Haha 1

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

I just received a Judgement in Default for £3.5K (they didn't even file an Ack of Service, let alone a defence!) for a penalty charges + contractual interest + 8% stat interest from my local court, against SPPL.

Can't quite believe they let this get through, but going to give them 3 days to send me a cheque or I will be sending it to the bailiffs :)

These people are complete bozos.

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Hi Jalex, thats wonderful news...........enjoy the dough, when u get it :D

 

did u also claim for arrears management fees?

 

you seem clued up jalex judging from your posts but I can't find your threads??

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I claimed for every charge I could find that wasn't an actual mortgage repayment :D .. I just called them to ask when they were going to pay me to hear them completely surprised I had gone to court and obtained a judgement! Obviously the left/right hands don't know what they're doing here. I wouldn't be surprised if they tried to get it set aside for whatever reason, but as far as I'm concerned I served the claim on them at their Registered Office address, as shown on the bottom of their most recent correspondence to me in April 2007. My loan was originally with SPPL in 2001. As you know, SPPL are part of Capstone (or at least managed by them) now, so all correspondence has been with Capstone though, who have written to me using SPPL stationery, with the SPPL Registered Office address in Broadgate, London.

I expect they'll try to use some pathetic excuse about that not being their address or something, but it won't wash: its the company's registered office, and they used that stationery only 2 months ago to write to me, so they can't really come up with any excuse as far as I'm concerned.

 

Will be interesting to see what happens here.

 

No I didn't have a thread on this actually, but I may start one if they try to set it aside and it goes to court in the end :rolleyes:

 

Where have you been writing to - Capstone in High Wycombe, or the SPPL Registered Office address in Broadgate London?

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That's the right thing to do, I'm sure, as its their registered office. To be on the safe side, you might want to send the Claim itself personally rather than through the Court (you can do that, so long as you inform the Court that's what you've done). That way you can send it by Recorded Delivery and they can't deny receiving the claim in future.

Or at the very least do what I did, which was to write to them at Capstone informing them I had issued a Claim which had been sent to their Registered Office.

Good luck!

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mr coleby asked for evidence to show the charges were unlawful, don't know why, but I sent the letter with reference to Casteneda, unfair terms and OFT statement.

 

I wasn't even given the courtesy of a reply.:mad:

 

Was waiting my payout from A&L b4 commencing with SPPL.

 

I took the claim form by hand to courts for A&L claim, could copy the claim form for SPPL and send to Mr. Coleby (special delivery, just in case the court claim form doesn't find its way)

 

anything to avoid hassle l8r on :(

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