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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Smile messing me about.....


Jase1982
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Hi,

 

I have a loan with Smile. I just checked the history and they appear to have added £150 in interest in January this year. Does anyone know why that would be? I'm confused as I thought the interest would be fixed, and not added on every so often.

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Interest is not generally claimable, unless it is interest on the charges. Is the loan interest added annually? Just ask them what it's for if it isn't clear.

The Consumer Action Group is a free help site.

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

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...

Hi,

 

I'd appreciate some urgent assistance on this matter.

 

About 4 months ago I successfully claimed back £1500 from Smile.

 

They then, 2 months ago said that they were closing my 2 accounts and would be asking for the overdraft back.

 

I sent them a secure message pointing out that I only have 1 current account and 1 savings account.

 

They replied to this message stating that they would only close my current account, that in actual effect they would allow the savings account to remain open.

 

Now - When Smile kept charging me, I asked my employers to pay my salary into my savings account, so that Smile could not keep raping my income. This would only be temporarily, until I sorted out an alternative bank. I now have another basic account set up with Natwest

 

This is where I need the help - I had £300 in my savings account and had been using this to withdraw money to pay for things. i.e. food, rent - The usual.

 

I checked on line this morning and Smile have upped my overdraft to £560, this has risen from the £0.00 overdraft limit they imposed after they informed me they were closing my account.

 

Again, it gets a tad tricky here. They removed my Overdraft in January, this in effect has put me well overdrawn, and during that period I have been charged something like £300.

 

It appears that Smile have used the money in my Savings account to pay their charges, however I am still over my limit any way, and will still incur charges. (I do intend on claiming these charges back)

 

I phoned them this morning and spoke to a girl who didn't have a clue what was going on. She kept me on hold for half an hour, and after I pointed out that Smile never told me they were closing my savings account, she agreed this was wrong of them and said that once she gets to the bottom of the matter she would phone me back. I intend to wait until 3pm and then phone back.

 

Surely there is some kind of human rights issue here? They have left me with no money until the end of the month.

 

I realise that both accounts are with the same organisation, but can they transfer money between accounts without my prior consent?

 

I'd appreciate some thoughts and comments on this matter. Any ideas of what to do would be greatly appreciated.

 

By then end of today I intend to write to them threatening them with court action unless they give me my money back.

 

I want to use the human rights issue though.

 

Cheers,

Jase.

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Hi,

 

I'd appreciate some urgent assistance on this matter.

 

About 4 months ago I successfully claimed back £1500 from Smile.

 

They then, 2 months ago said that they were closing my 2 accounts and would be asking for the overdraft back.

 

I sent them a secure message pointing out that I only have 1 current account and 1 savings account.

 

They replied to this message stating that they would only close my current account, that in actual effect they would allow the savings account to remain open.

 

Now - When Smile kept charging me, I asked my employers to pay my salary into my savings account, so that Smile could not keep raping my income. This would only be temporarily, until I sorted out an alternative bank. I now have another basic account set up with Natwest

 

This is where I need the help - I had £300 in my savings account and had been using this to withdraw money to pay for things. i.e. food, rent - The usual.

 

I checked on line this morning and Smile have upped my overdraft to £560, this has risen from the £0.00 overdraft limit they imposed after they informed me they were closing my account.

 

Again, it gets a tad tricky here. They removed my Overdraft in January, this in effect has put me well overdrawn, and during that period I have been charged something like £300.

 

It appears that Smile have used the money in my Savings account to pay their charges, however I am still over my limit any way, and will still incur charges. (I do intend on claiming these charges back)

 

I phoned them this morning and spoke to a girl who didn't have a clue what was going on. She kept me on hold for half an hour, and after I pointed out that Smile never told me they were closing my savings account, she agreed this was wrong of them and said that once she gets to the bottom of the matter she would phone me back. I intend to wait until 3pm and then phone back.

 

Surely there is some kind of human rights issue here? They have left me with no money until the end of the month.

 

I realise that both accounts are with the same organisation, but can they transfer money between accounts without my prior consent?

 

I'd appreciate some thoughts and comments on this matter. Any ideas of what to do would be greatly appreciated.

 

By then end of today I intend to write to them threatening them with court action unless they give me my money back.

 

I want to use the human rights issue though.

 

Cheers,

Jase.

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Don't bother with "the human rights issue". Human Rights Law is immensely complex. Stick to the standard claims process, open a parachute account with another bank (with an overdraft facility of enough to cover you for a while), transfer enough in to clear your smile accounts, and begin the claims process against them.

 

They *CAN* use money in one account (with them) to offset debt in another (with them). This is why my Wife and I keep our savings totally separate from our current accounts. By all means claim back your charges; but don't try to use legislation you need a degree in mental origami to understand.

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Halifax did a similar thing to me when I was out of work - they used cash from a savings account (which had a cheque my mum had given me for food as I had sweet FA to live off in it) and they used that to pay my visa that month, even though I had a PPI claim in :mad: So, no food for 3 or 4 days, while I waited for my benefits to be paid in.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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NW used to do this to me, move money to and fro, usually with disastrous results

 

Might be worth reading their T&Cs, or waiting for someone that knows the score

 

It sounds bang out of order to me, especially if they've given no reason, SMILE tend to have good helpdesk in my experience, get onto them and stick onto them for explanations, complain long and hard about what they've done to you, kids, shoes, bellies heating etc etc, mention MPs, CAB, local papers, this ain't going to sit well with their happy smiley image

 

and remind that their charges are illegal and you are already starting to claim them back, again

 

might be worth reading the sections on this forum about harassment from the banks

 

best of luck

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yeah, cheers for that.

 

I did specify to them that I needed money for food and all the rest. It fell on death ears. Although they may be right in saying they can do what they want with my money!! I am not going to stop until Smile are exposed for the discgusting organisation they are.

 

I have records of them braking their precious banking code numerous times, and I don't believe taking food from my mouth should be legal. Especially seeing as though it is to pay off their illegal charges, which they still maintain are perfictly legal!

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I'm complaining to the FSA about their 'unfair Terms & Conditions' lets see how they get out of that one.

 

After all it does say in their T&C's what their charges ar eand that they would always act fairly and legally - or something like that.

 

I ****ed myself when I read their T&C's!

 

14 days notice before taking charges??? Yeah, ok!

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I know this will be no consolation, but Smile did the same to me a while back. Cleared a cheque into my account, then a week later took it back, saying "the other party had cancelled" [despite them telling me it had cleared.

 

Luckily I'd paid it into an account I don't really use, so it was just this cheque in there, and I left it, so it was overdrawn. They basically TOOK my money from one account and put it in the overdrawn account. They wouldn't give me an explanation, just said that they were allowed to do it.

 

Matt

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Hi,

 

Does anyone have any contact names for actual individuals at Smile's head office? i.e. someone high up, who might be interested in what I've got to say.

 

I basically resent being asked for my overdraft back, as it was given to me free of charge and came as part of the account.

 

They've said that I have repeatedly broken T & C's, which is why they are closing my account. The fact they have charged me 4 times my overdraft limit in 2 years seems to have passed them by!

 

My overdraft is also made up of mostly unlawful charges, which I intend to claim back.

 

I'd be interested if there is anyone else I can reach out to, other than a moronic robot?

 

Cheers

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the 8% is the interest you can add once you issue your summons, I claimed compund contractual interest on the balance whihc was a lot more. Have a search on the forum about interest - lots has been discussed :)

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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Hi,

 

Cheers for that. That's where I get confused. On the prelim letter, it states, "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken"

 

The overdraft interest isn't the 8% then?

 

How can you claim all the overdraft interest if all your overdraft isn't made up of purely bank charges?

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  • 2 months later...

Hello,

 

To summarise, I ordered something, it never arrived, turns out that it was at the post office, so I asked for a refund - several times....! on top of that, I am not in possession of the little card that the post man should leave.

 

I merely asked them to resolve my situation as Royal mail only keep items for 1 week. I would suggest that no one should ever use this joke of a company, as this was the response I got....!

 

"Dear Mr Rowe,

thank you once again for your pleasant and reasonable email. The reason you have not heard anything back is because of 2 reasons, the first being that the Royal Mail website is still showing your order as being at your local Post Office and the second being your unwillingness or inability to check to see if it still there. Had you bothered to do this we would have confirmation of where the order actually was.

I regards to taking up any issues with Trading Standards, we would welcome any such action in which you would have to explain exactly where we have failed in our responsibility to you. We are sure you will find that as a customer you do have certain responsibilities when ordering goods that you know are going to need a signature for and a responsibility to contact us within the timeframe laid out in your confirmation email.

As previously stated we sent the order out as soon as it was placed, you were informed by a confirmation email that it had been dispatched, you were aware that a signature would be required and to contact us within 5 working days if it had not been received. You were not in when Royal Mail tried to deliver, you failed to notify us for 2 weeks and then refused to go to your Post Office to check if it was still there. The only reason the matter has not been resolved is because of your own actions or rather lack of them.

However, we have sent you a cheque for the full £34.98. We have sent it by normal post as you are unable to go to your local Post Office. We would advise that you may wish to look at hiring a butler or handyperson to do the menial jobs that are obviously beyond you"

 

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IIRC, the post office hold items for 21 days before returning to sender.

 

You could have simply rang the postal office to verify it was their and made arrangements for re-delivery or collection.

 

The suppliers response is absolutely spot on. I wish more suppliers were as sucinct in their correspondence.

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Guest weegirl

If Royal Mail didn't leave the card to say that the attemted to deliver, you would need to take the issue up with them. To be fair to the supplier, they did fulfill their side of the bargin and it seems that Royal Mail was the let down in this case. You could try complaining, but it probably won't get you anywhere.

 

I am unsure of what you said to the supplier in communications, but if you were reasonable then the supplier's response is unjustified. Again though you got your money so there's nothing you can do but just not buy off them again.

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Sorry guys, but I completely disagree. The response I received was extremely unprofessional and abusive. Where I work, had I sent out a response like that, I would lose my job, or receive a written warning.

 

It seems to me that customer service skills have left this country long ago, the correct response to my complaint should have been a lot less personal.

 

If I pay for something online, it's usually for ease of use. They stated themselves that Royal Mail hold items for 1 week before sending back to the user, I had no card so would be unable to identify the parcel even if I did phone Royal Mail direct.

 

AND....due to other commitments - I was away at the Isle of Wight festival, I was unable to contact them within the timescales laid down, which was not thought of by their MD before he laid into me.

 

Until I sign for the parcel or receive the parcel in my hand and accept the goods, the problem does not lie with me. It was after the 1 week deadline when I contacted them, and asked them to find out where my parcel is, so I assume it is on it's way back to them, and like I say; I have not accepted the goods so it is still very much their problem to resolve.

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As Royal Mail have (apparently) tried to deliver, you COULD suggest that the supplier has been absolved of any responsibilities. They don't have to wait for you to "accept" them - goods are (I'm sure) assumed to be accepted UNLESS rejected.

 

It would be difficult to argue that the supplier hasn't fulfilled their side of the "deal" - quite obviously the goods were sent, and (as someone else has said) the fact that Royal Mail didn't leave a calling card isn't the fault (or the responsibility) of the supplier.

 

Your local sorting office will hold Recorded Delivery items for 7 days, and Special Delivery items for longer than this. The reference number on the card isn't the only way to see if a parcel is waiting for you. Clearly the parcel would have shown your name and address (!) and a good local sorting office keeps undelivered parcels and mail to some sort of system (if my local one is anything to go by). A call to them would have cleared this matter up, and you've still not provided a valid reason as to why you couldn't do this.

 

Their reply to you was a trifle sarcastic. As it wasn't addressed to me, I have to admit I found it quite funny (sorry) but I can see why you were offended.

 

Despite that, they do have a valid point. If I order something which doesn't arrive when I think it should, I contact the supplier and ask for the tracking details. If I get them, I query the online tracking tool. If the supplier doesn't respond quickly enough, a call to the sorting office to see if they've anything waiting is usually the next step.

 

I have to say that, if they sent an email confirming that it had been dispatched, and you chose to wait 2 weeks before raising the matter, and immediately threatened them with Trading Standards, I'm not surprised at their response. Whether you were at home or not for those 2 weeks is immaterial. Quite why you would order something, get confirmation of dispatch, then bugger off to the IOW without dealing with it is something which only you know... ;)

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  • 8 months later...

Was amused to find this thread on Google. It does make me laugh that people can put across one side of the story and reputable companies can suffer as a result. Was glad to see that some of the members on here saw the post for what it was.

 

In response to the post in in our defence, the poster placed an order on our site and the order was sent the next day by recorded delivery. It is made clear on our site that all orders are sent by recorded delivery and as such need a signature. A confirmation email is also sent to the purchaser telling them that delivery is normally 1-2 working days but can take up to 5. In our experience if it doesn't get there by 5 working days it is probably lost and although Royal Mail do not clas a delivery as lost until 15 days we send a replacement after 5.

 

Because of the large amount of sales we process it is impossible to track every delivery on Royal Mail so we rely on the customer to tell us if the order has not arrived. We heard nothing from the poster until 2 weeks after the order had gone. We initially received an irate email asking where the order was and that he was going to get trading standards onto the case as we had taken his money and not delivered his item. We used the tracking number and it showed as having had an attempted delivery and that the order was at his local Post Office. He passed this information onto the poster. He wrote back telling us to sort it out or issue him a refund. We asked him if he would go to the Post Office to collect it but he refused so we said that we could not refund him until the package was returned to us. We also telephoned his Post Office who said it was still there.

 

He refused to go or phone them saying that he shouldn't have to and demanded a refund as he said we were not doing anything to resolve the matter. We then did reply with email he has posted which I do admit was aimed at winding him up and was a tad sarcastic.

 

However being in the fortunate position of owning my own company I am able to take the stance of telling the customer exactly what I think of them if I feel they are in the wrong. I do feel for staff who have to adopt the position of "the customer is always right" for fear of losing their job. I always tell my staff that if the customer is wrong then they can certainly tell them so and do not have to take any abuse from them if that is the case. Of course if I feel that we are wrong in any case I will ensure that everything is done to rectify the situation to the customers satisfaction but in this case I felt that the poster would only have been happy if I had personally delivered his order to him and my reply was meant to get the point across that I felt he was too lazy to get off his backside and help in any way. By the way we never saw the order returned to us.

 

P Beatty

 

Managing Director

Professional Home Teeth Whitening Kits At Affordable Prices - Smile4You

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Love the reply from Simle4You.

 

It just goes to show that this company has a defined procedure in the way it delivers it's goods.

 

Firstly it tells you that the goods have been dispatched and gives you the tracking reference number.

 

Secondly, it advises that if the goods are not received within 5 working days. You left it for two weeks.

 

You obviously have access to the internet. You could have simply put the tracking number into Royal Mails tracking system to see where it was.

 

If you couldn't be bothered to go to the post office to collect it, you could have simply phoned them and asked them to redliver on a day you are in.

 

I must admit I had a little chuckle at the "Sarcastic"8) e-mail. Like the MD of the company, I do not suffer fools. I tend to say what I think, last in line when tact was handed out.

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However being in the fortunate position of owning my own company I am able to take the stance of telling the customer exactly what I think of them if I feel they are in the wrong. I do feel for staff who have to adopt the position of "the customer is always right" for fear of losing their job. I always tell my staff that if the customer is wrong then they can certainly tell them so and do not have to take any abuse from them if that is the case. Of course if I feel that we are wrong in any case I will ensure that everything is done to rectify the situation to the customers satisfaction but in this case I felt that the poster would only have been happy if I had personally delivered his order to him and my reply was meant to get the point across that I felt he was too lazy to get off his backside and help in any way. By the way we never saw the order returned to us.

 

 

Good for you. I have a friend with a business on ebay and he's found that the averadge customer there thinks that they are always right, despite any proof to the contrary. This fallacy that "the customer is always right" is one I don't subscribe to.

 

If a tracking number proves that an item is at the local post office then the customer concerned should get off their lazy butt and get it re-delivered.

 

Well done for the email. Admittedly, a little sarky, but it made me giggle.

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