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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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Mrsc-v-associates/Citi Cards


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Hi I recieved a letter today re my SAR to the associates/Citi cards to clarify we had a visa card with them then we took out a loan the first 16/02/01 until our secured loan application went through 26/03/01 the visa card was paid with the first loan. Had some problems and missed a couple of payments after 14 months, got back on track but then in 2003 our home was repossessed by the bank due to mortgage arrears (husband out of work) house was sold and they received their money dec 2003 full settlement figure.

when I sent my SAR I quoted the loan account number but have noticed that they have not mentioned it in there letter to me only the visa card number I require all data re the loans also, I am not very good writing letters and wondered if any one can help with what I should include in the reply they are also requesting ID as we are now at a different address well obviously the house was repossessed they knew that sorry just starting to get annoyed with them.I don't want to miss anything out just unsure of what to say any help would be most appreciated.

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Up date I have managed to put a letter together and will post it today and wait and see what they send.

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  • 1 month later...

Hi

The only responce to my SAR sent 12th July has been a letter from them asking for proof of identity which was sent back to them 31st July they have come up with just one sheet of payments made by us and that is all I have received.

we had 2 loans the first one only lasted for a month Unsecured then they added that to the secured loan.

We also had an associated credit card that was paid with this loan.

 

Surely this is not all they have to provide the 40 +2 days run out on the 23rd Aug.

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Write back and tell them this is not what is required under the Data Protection Act. they sent me a shedule of the charges they had made to my account but it did take over 90 days :rolleyes:

 

pete

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Have letter ready to post now took ages I am not very good at this sort of thing never sure of what to say.

I have just outlined what I need from them.

I remember we had a problem with them after the loan was paid in full they didn't register it with the CRA we had to dispute it with experian they did finally mark as settled 2 years too late.

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  • 1 month later...

okay not sure what to do now should I send letter asking for proof of destruction ? or...I have copies of the credit agreement my own (yes a bit of a hoarder)Shoule I just go for the PPI back, the only thing I am not sure about is when they they added the loan to the secured loan if there was any rebates I did ask for the information and they have said that they no longer have anything to do with this account on their files.

the first loan

1029.00 total paid to customer

4970.44 refinancing

2585.10 Optional insurance ( My xxxx)

100.00 arrangement fee

Amount financed 8685.10 (their adding not mine)

Interest rate 2.14%

per month APR 29.7% variable

60 months at 258.67

feb 2001

 

2nd loan secured Taken out in March 2001

3462.00 Loan

16,537.47 refinancing

4703.00 optional insurance

400.00 arrangement fee

total amount of credit 25102.47

Interest rate 1.77% per month

APR 23.5%

120 months at 498.47

 

Payments made to account 10,968.93

settlement figure 31,996.69 Nov 2003

Interest rebate 17,476.24

insurance rebate 869.44

 

So do I just add the 2 amount for insurance together, now I am getting myself confused or any suggestions please.

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Hi Mrsc.:)

 

Can you tell us what happened after you sent the letter on 5th September?

 

You haven't actually stated what you are trying to achieve. Is it return of mis-sold PPI payments?

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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After I sent the letter on the 5th, I got a reply from Manchester saying that they no longer have any info for the account they then sent it to Sunderland they are saying the same thing no details of the account.

 

I am interested to see if I can claim back the PPI as it was definetly miss sold No PPI NO LOAN.

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OK thanks.

 

We'll come back to you soon.

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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As your second loan was secured, it was probably arranged by

 

Future Mortages6 Admiral Way

Doxford International Business Park

Sunderland

SR33 3XW

 

which is a division of CitiFinancial, rather than CitiCards.

You still have a copy of the agreement, so that should confirm the above.

If so, then you need to send a S.A.R - (Subject Access Request) to them.

 

If I'm wrong, let us know who the secured loan was arranged with.

 

I have asked for this thread to be moved to the PPI Forum, where you should get more experienced advice and attention.

 

Els:)

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Thread moved :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Hello Mrsc,

 

Didn't know you had another claim going. You appear to be talking a lot to yourself. where was this thread posted.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hellhas,

 

Told you I would be back with a biggy,as for talking to myself I am quite good at that:D It was originally in the citicards threads.

 

 

Hi Elsinore,

 

The loan was taken out with The Associates,Citifancial took them over.

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  • 2 months later...

Update .

 

Have to get into gear with this one.

 

This is the details from the agreement:

 

1029.00 total paid to customer

4970.44 refinancing

2585.10 Optional insurance ( My xxxx)

100.00 arrangement fee

Amount financed 8685.10 (their adding not mine)

Interest rate 2.14%

per month APR 29.7% variable

60 months at 258.67

feb 2001

 

2nd loan secured Taken out in March 2001

3462.00 Loan

16,537.47 refinancing

4703.00 optional insurance

400.00 arrangement fee

total amount of credit 25102.47

Interest rate 1.77% per month

APR 23.5%

120 months at 498.47

 

Payments made to account 10,968.93

settlement figure 31,996.69 Nov 2003

Interest rebate 17,476.24

insurance rebate 869.44

 

So the total PPI on the two loans come to £7288.10 having a major problem with working out the interest.

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