Any Lawyers In The House?

Discussion in 'Lounge' started by comfysofa, Sep 6, 2022.

  1. As above.....ive done it before but along time ago - raised a CCJ against a company and won...mostly due to their incompetance (they didnt really put up a fight) - but im finding myself in the same place again today - but this might be a bit more of a fight (personally i reckon im 100% in the right) but thats how these things start and i dont know what sort of firepower the other side has got as it were....just wanted a bit of advice on the implications of going forward! There was someone on here that was a mountain of help last time but ive lost his name....

    Anyway - to anyone that takes a punt...cheers.
     
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  2. Hi there. I'm not sure if I was the person who helped you out previously, but I am a practising barrister. What do you mean by "advice on the implications of going forward"? PM me if you prefer to keep it private.
     
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  3. Could have been sir....cant remember. The last time it was my ohlins forks that went missing courtesy of Parcel force!
     
  4. That sounds vaguely familiar. IIRC, you got judgement in default against them?

    What's the current problem?
     
  5. Yeah -- thats right! wow....well, didnt want to be in this position again...ill pm you now....many thanks.
     
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  6. Cue the A-Team theme music.
    Hope it all works out for you:upyeah:
     
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  7. Cheers - in a nutshell the thick end of 4k's worth of garden furniture has (just by sitting on it and the summer elements) bent, coating cracked off, fabric bleached, and rattan melted in the sun....all in 3 months and ive just been told that ive "misused" it (by sitting on it) and in turn told to take a walk...cunts.
     
  8. It wasn’t from White Stores by any chance, was it?
     
  9. Just had similar with Curry’s , my Samsung oled tv packed up and it was 2 years old and only had a 1 year warranty, after a few phone calls to them with no joy, I delved a little further and came across the sales of goods act 2015 on the which website, they have a draft letter on there , emailed the letter over and guess what, a near full refund in the way of a voucher. The patio set is not fit for purpose, so will be covered.
     
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  10. It’s now called the Consumer Rights Act.
    Used it on Doris’s Mini, when rad split its side. The dealership played dumb and wanted £400. I educated them regarding the Act. New rad fitted at their(Mini) cost. Car was 5 years old.
     
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  11. if you paid for any of it on a credit card (deposit or balance) just speak to your bank and ask them if you can charge it back (your bank raises a claim - there is not much a merchant can do, they’ll have to return all or some of the money depending on the claim and they’ll face a fee for the privilege from their payments provider) You have 6 months from the point of purchase in most scenarios, longer if paying in instalments or on subscriptions. Always buy items with credit cards where you can for the additional consumer protection. I recommend a membership with weight watchers, it will be beneficial for the replacement set ;)
     
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  12. Wow - good call...yes - used a credit card....ill call them tonight its been about 6 months since we actually placed the order but i started this complaint about 2 - 3 months back...
     
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  13. I expect the CC will sort this out, but so will the fit for purpose email. Garden furniture that is unable to take the rigours of three months outside in the UK summer sun & cloud/rain is clearly defective.
     
  14. Well, imo theyre clutching at straws....i took a picture of me sitting on the seat (deliberately without a cushion on to show how much it sagged) they replied back saying that it had been "misused" and i shit you not....the cheek to claim that the cushion was "spreading the weight" - thats new to me...structurely supporting sponge...thats one of their excuses...
     
  15. Small seller will ignore things like that letter. Imho. Credit card or small claims best recourse.
     
  16. I can believe what they said my aunt had new carpet in the lounge and after a couple of week went really bad in places carpet shop said it’s called tv shuffle where you sit and walk over to the tv.
     
  17. You might be right, some sellers are awkward or unknowledgeable and the CC folks do usually get their way.

    However, small claims court, done online is fairly straight forward and if a claim is reasonable its very likely to win. Worth remembering that lack of knowledge by sellers often means they do not respond to small claims court letters and the claimant then wins the case by default.
     
  18. IIRC, it's 120 days (so about 4 months).
     
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