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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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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Tobes
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Dear Mr Tobes,

 

We refer to your request that we should write to you in respect of your account

 

Whereas we much prefer to discuss matters, we will accommodare your request, provided that you diligently cooperate with us.

 

If you do not, we will revert to telephoning any number that is available to us.

 

blah blah blah

 

We do not wish to sound harsh, if we do not hear from you within 10 days, our telephone procedure will be recommenced.

 

Yours sincerely,

 

Mr poopoohead

 

 

Any thoughts?

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Guest Lueeze

What? Rubbish, I would write back saying that you will refuse to co-operate if this is the case!

 

What fools! Im sure somewhere there is an law saying they cannot call you if you request so.:-x

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What? Rubbish, I would write back saying that you will refuse to co-operate if this is the case!

 

What fools! Im sure somewhere there is an law saying they cannot call you if you request so.:-x

 

Yes the Wireless & Telegraphy Act I believe. It has been covered elsewhere on the forum, so a search should find it.

 

 

 

 

 

 

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Whereas we much prefer to discuss matters, we will accommodare your request, provided that you diligently cooperate with us. If you do not, we will revert to telephoning any number that is available to us.

 

blah blah blah

 

We do not wish to sound harsh, if we do not hear from you within 10 days, our telephone procedure will be recommenced.

 

Yours sincerely,

 

Mr poopoohead

 

Dear Mr Poopoohead,

 

last time I checked by referencing the Shorter Oxford English Dictionary, discussion was an examination by argument, written or spoken. I am therefore reassured, if somewhat non-plussed, that you intend to accommodate my request to discuss my account by communicating in the written form. I trust that you will diligently continue to demonstrate a sound command of the english language in all your future correspondence.

 

I do not wish to sound harsh, but if I feel at any point you have reneged on your responsibilty to communicate with me in this matter I will be forced to report you to the necessary authorities for breach of the Wireless Telgraphy Act 1998, and FSA regulations regarding communicating with customers.

 

Yours with regards,

 

Mr Tobes.

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Dear Mr Poopoohead,

 

last time I checked by referencing the Shorter Oxford English Dictionary, discussion was an examination by argument, written or spoken. I am therefore reassured, if somewhat non-plussed, that you intend to accommodate my request to discuss my account by communicating in the written form. I trust that you will diligently continue to demonstrate a sound command of the english language in all your future correspondence.

 

I do not wish to sound harsh, but if I feel at any point you have reneged on your responsibilty to communicate with me in this matter I will be forced to report you to the necessary authorities for breach of the Wireless Telgraphy Act 1998, and FSA regulations regarding communicating with customers.

 

Yours with regards,

 

Mr Tobes.

 

hehe bravissimo :D

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Can someone point me to the relevant section of the act? I can't seem to find it in the copy of the act here - http://www.opsi.gov.uk/ACTS/acts1998/1998006.htm and I'm probably just being thick.

 

I can't wait to use this against GE Money - average of 17 calls a day.:-x

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Dear Mr Poopoohead,

 

last time I checked by referencing the Shorter Oxford English Dictionary, discussion was an examination by argument, written or spoken. I am therefore reassured, if somewhat non-plussed, that you intend to accommodate my request to discuss my account by communicating in the written form. I trust that you will diligently continue to demonstrate a sound command of the english language in all your future correspondence.

 

I do not wish to sound harsh, but if I feel at any point you have reneged on your responsibilty to communicate with me in this matter I will be forced to report you to the necessary authorities for breach of the Wireless Telgraphy Act 1998, and FSA regulations regarding communicating with customers.

 

Yours with regards,

 

Mr Tobes.

 

Nice;)

Halifax -

LBA sent 12/05/06 for £1,232

 

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align: center;">  

Thread Locked

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If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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