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    • Thought I'd let you know. Despite not needing to, Parcel2Go have very kindly authorised a refund to cover the speakers. I am very impressed and surprised given the contract didn't require this. Thanks for all the advice - I thought it only fair to make sure they got some credit for doing the right thing. I will be using them again.  
    • Weatherford describes "unprecedented challenges" amid Covid but says Aberdeen will remain the centre of UK operations. View the full article
    • Please can you put up in PDF format – simply the documents that you are relying on as proof of payment. Redact them for account numbers et cetera. We don't need to see images of the damage et cetera. I understand that you are trying to recover £150 plus the delivery costs including the insurance cover – is this correct? What is the total value of this?
    • By the way, have sweatband.com actually refused to take responsibility for this now? Are they standing by the manufacturers position that it should not have been kept in a garage?
    • Sweatband.com like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remains that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really wants to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

How far back can you go for charges? - now in process


Please note that this topic has not had any new posts for the last 5342 days.

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Neil,

 

Is this claim only going back six years, or have you started a claim going back through the mists of time? The reason I ask is that HSBC settled my six year claim today, and after a breather I am going to prepare a claim going back to 1982.

 

If you have any preparation for a 'longer' claim, can you PM me. I want to see what steps you have taken, and what obstacles you have anticipated/avoided...cheers.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Neil,

 

Is this claim only going back six years, or have you started a claim going back through the mists of time? The reason I ask is that HSBC settled my six year claim today, and after a breather I am going to prepare a claim going back to 1982.

 

If you have any preparation for a 'longer' claim, can you PM me. I want to see what steps you have taken, and what obstacles you have anticipated/avoided...cheers.

This claim is only for the last 6 years. Once over with, then I'll start the process with Abbey and then for years further back than 2000 with HSBC. As mentioned before I opened my bank account with Midland in 1974 when starting my first job on leaving school. Why I stayed with one bank for so long is perhaps a mystery, both to others and myself :) Some sort of misplaced loyalty? I don't have the statements back all that way, but I do have some back to the 1980s. So as yet have not started any real preperation.

 

I'd be very interested in the letter you sent back saying no to the confidentiality clause. May not get one, as some do and some don't it seems, but I'd like to be prepared. Thanks. Neil.

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The confidentiality thing was basically 'thanks for the money but no way Jose for the clause' - they paid, so they were probably just trying to rattle me.

 

Regarding 6+ years, I have started a new thread. Meet me there to discuss statements etc, as my DPA request turned up zilch.

 

If you want help with the 'icing' for this claim, give me a shout.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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As mentioned claim put in on 11th May, then on the Saturday, 13th May get a letter from Paul Archer, dated 12th May (day claim issued) with reference to the letter I sent on the 4th May saying I would start the claim on the 10th. It's obviously a standard letter, but don't they pay any attention to the letters we send? If nothing esle they are wasting postage and paper :)

 

Claim status says:

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

So another waiting game?

 

Neil.

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  • 2 weeks later...

moneyclaim update shows the following:

Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

Do I now have to wait another 28 days? Or is that from the date they actually were issued with the claim rather than the date they finally acknowledged it?

 

Neil.

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  • 2 weeks later...

Got a letter from DG Solicitors offering full refund, plus interest, etc last Thursday. On Friday sent my acceptance, after first crossing out the confidentiality agreement, by fax and post. This morning had another letter from DG saying the money should be in my account within the next couple of days. Som they must have responded to the fax as the letter would only have arrived today.

 

So a big thank you to all here for your help, inspiration, motivation, etc. Once money cleared will make donation.

 

Thanks again.

 

Neil.

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Congratulations!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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congratulations

 

hopefully it will be me ending my thread like that in about 3 weeks :rolleyes:

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Well done!

This gives me a boost.

My moneyclaim went in yesterday.

What a fantastic website this is!:D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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  • 12 years later...

This topic was closed on 03/06/19.

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 their.

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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Please note that this topic has not had any new posts for the last 5342 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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