Consumer Rights: MoneySavingExpert.com discussion

ish

Art wrote: »

You could take him before a court to have his financial position investigated and the court will decide if he is able to pay anything to you. If you get anything it could be a very small weekely/monthly payment. Apart from that I fear you have lost your money.

It may be worth contacting the Police. If this has been done a number of times there may be a case of fraud that they will follow up.

Regards,
Art.

I got evidence that he has several "unsatisfied judgements" against him and he owe's 1 company £38,000 (carpet wholesaler) and they have put a charging order on his house but there's a long list of people on it. Its unlikely he will see the house. How can i tell the police its a case of fraud? Do i need to demonstrate that he has several unsatisfied judgments and that is considered fraud?

Art_2

ish wrote: »

I got evidence that he has several "unsatisfied judgements" against him and he owe's 1 company £38,000 (carpet wholesaler) and they have put a charging order on his house but there's a long list of people on it. Its unlikely he will see the house. How can i tell the police its a case of fraud? Do i need to demonstrate that he has several unsatisfied judgments and that is considered fraud?

No, the judgements are civil actions not criminal. Initially, go to the Police and tell them you think the person took your money and other peoples money without any intention of supplying any goods. Ask them if they feel there is a case.

If a wholesaler has already got an order against his property the best you can do is to add your name to that order. If you go down this line you are going to have to seek legal advice. It doesn't look promising I have to say.

Regards,
Art.

ish

Art wrote: »

No, the judgements are civil actions not criminal. Initially, go to the Police and tell them you think the person took your money and other peoples money without any intention of supplying any goods. Ask them if they feel there is a case.

If a wholesaler has already got an order against his property the best you can do is to add your name to that order. If you go down this line you are going to have to seek legal advice. It doesn't look promising I have to say.

Regards,
Art.

Thank You, I am in the process of getting a charging order. This is the first time i have used the legal system and have done as much research into it so i don't make any mistakes its seems that it really hasn't got me anywhere. You won't believe it as well that he lives directly opposite me and his shop is just down the road. Its unbelievable, even till today i am still shocked he had done this to me.

Art_2

ish wrote: »

Thank You, I am in the process of getting a charging order. This is the first time i have used the legal system and have done as much research into it so i don't make any mistakes its seems that it really hasn't got me anywhere. You won't believe it as well that he lives directly opposite me and his shop is just down the road. Its unbelievable, even till today i am still shocked he had done this to me.

It would be interesting to hear if you've spoken to him and what he had to say to you.

You already know of one charge on his property and then there is yours. How much is the house worth. Remember he could have it mortgaged to the hilt which again won't help you.

Regards,
Art.

Art_2

ish wrote: »

Thank You, I am in the process of getting a charging order. This is the first time i have used the legal system and have done as much research into it so i don't make any mistakes its seems that it really hasn't got me anywhere. You won't believe it as well that he lives directly opposite me and his shop is just down the road. Its unbelievable, even till today i am still shocked he had done this to me.

One thing I forgot to say. Try and talk to the carpet company he owes money to. They may already have checked out the possibility of getting their money back and may be prepared to share the information with you.

Regards,
Art.

mickey54

I purchased a 2 and 4 seater from SCS....I had problems with it, and they offered a repair / replace or refund. ( This was after a couple months). I stupidly accepted another sofa - different style and make up.

Before I purchased this - I asked about the filling - how did it "plump" up, how to look after etc. The suite eventually arrived (late)..and after aprox 3 weeks, no mater how much you plumped up the sofa - as soon as you sat on it, it was flat. After much toing and froing - I eventually had an upholsterer to check for problems. A standard letter stated from SCS that there was no manufacturing fault. I telephoned the store where I purchased this to lodge a formal complaint, and also point out - as I did in writng that the sofas were no fit for purpose - and also mis-sold. The reason for mis - sell was the fact that there are feathers in the arms cushions, and, because of my OH asthma - we cannot have feathers in the house. The manager disputed this - ( I do know the difference between feather and foam) - anyways, I again wrote to head office and received yet another standard reply, with no response at all to the mis-sell.

The sofa looked good in the store - and the brochure they sent me in second letter stated that " after a few months - your sofa will have that lived in look"...if I wanted a lived in look sofa - I would have kept the old one.

Any help offered from someone out there would be much apreciated....as it now feels as though we are sitting on the base of the sofa.:mad: :mad:

Art_2

mickey54 wrote: »

I purchased a 2 and 4 seater from SCS....I had problems with it, and they offered a repair / replace or refund. ( This was after a couple months). I stupidly accepted another sofa - different style and make up.

Before I purchased this - I asked about the filling - how did it "plump" up, how to look after etc. The suite eventually arrived (late)..and after aprox 3 weeks, no mater how much you plumped up the sofa - as soon as you sat on it, it was flat. After much toing and froing - I eventually had an upholsterer to check for problems. A standard letter stated from SCS that there was no manufacturing fault. I telephoned the store where I purchased this to lodge a formal complaint, and also point out - as I did in writng that the sofas were no fit for purpose - and also mis-sold. The reason for mis - sell was the fact that there are feathers in the arms cushions, and, because of my OH asthma - we cannot have feathers in the house. The manager disputed this - ( I do know the difference between feather and foam) - anyways, I again wrote to head office and received yet another standard reply, with no response at all to the mis-sell.

The sofa looked good in the store - and the brochure they sent me in second letter stated that " after a few months - your sofa will have that lived in look"...if I wanted a lived in look sofa - I would have kept the old one.

Any help offered from someone out there would be much apreciated....as it now feels as though we are sitting on the base of the sofa.:mad: :mad:

Write to them, recorded delivery, with a copy to their head office. In the letter give them 10 days to refund your money and collect the sofas. Tell them the units are not fit for purpose and you will be going to the Small Claims Court if they don't comply with your request.

Regards,
Art.

Art_2

auzzoffice wrote: »

Hi there Janice

My name is Austin Wood from AuzzOffice Limited i am the proud owner of the named company and i do not like when the first and the last lady starts slander on my company as you have been told in many of emails from La wholesale that the refund is nothing to do with AuzzOffice Limited so you have no right going round on forums like these slagging it off when you have no right or even used us in the past all emails you and your son wrote to the above companys have now been printed and further action WILL be taken also your son broke the law by going on ebay under eighteen http://pages.ebay.co.uk/help/policies/identity-underage-users.html please read the link i have attached your son should have never been trading on ebay neither buying SO its you and your perfect little 15 YEAR OLD SON


so please remove your silly little comment on my company AuzzOffice Limited before further action is taken.

Austin Wood
Director
AuzzOffice Limited

Before giving any advice to the original poster it would be useful to know if she is correct in stating you processed the payment through Nochex and if so what connection you have with the supplier.

Regards,
Art.

Slipper

I was wondering if anyone has any thoughts on the following

On the 9th July 2004 I was assaulted by a number of youths and my phone stolen, it was approximately 12.00 o’clock at night, I suffered cuts and bruises and was knocked to the floor.

On waking the next day I phoned 3G to inform them to cancel my phone, as it had been stolen, they informed me that I would be responsible for any phone charges up until the time of reporting the theft, which I accepted was my responsibility. I also called the police who visited me at my home to take a statement and witnessed my injuries.

A few days later my replacement phone arrived, I phoned 3G to connect me, but they said they could not as an outstanding amount of £300 was owed on the account, and that they would not connect me until this had been paid

A few days later I received my monthly statement from 3G, stating that I owed them approximately £300, checking through the bill I found that they had not disconnected my phone when I reported it stolen but in fact it had remained active for over 24 hours after my phone call, and the thieves had run up this amount, I worked out that I owed them roughly £30, from the time it was stolen, to my report of the theft.

This is when the fun and games started. I phoned 3G to protest at the amount, and they said not to worry, there debt recovery service would look into it, sort out the problem, they confirmed that I was not eligible for the whole amount owed after my report. However they said that in order to connect me the outstanding bill had to be paid, to which I refused, as I did not see it as my problem. I said I would pay the amount to which I was liable but no more. A stalemate ensued which lasted for months, I cancelled my direct debit as I did not want them to have access to my account and to take the full amount, Also I had no working phone although they still expected me to pay my monthly bill. After dozens of phone calls where I got fed up of telling the full story from start to finish and still not getting connected, I decided to cut my losses and took out a new contract with a new provider, I informed 3G as to my decision and said as far as I was concerned my account with them was cancelled, I received no reply.

Months later I received a letter off them saying that they had finally sorted out the mix up, and that they had cleared my debt, however I now owed them £288 for the months of monthly service charges I had not paid ( I had no working phone). I refused to pay them and said they could take me to court.

A few months later I received a letter from a debt collection agency, I told them the story, they contacted 3G who informed them that was the situation, and I owed them the said amount, again I refused.

All has been quiet for a few years until a few days ago, when I received another letter from a different debt collection agency acting on behalf of 3G, asking for the full amount owed. Again I have contacted them and said I am not prepared to pay for services I did not receive. This is obviously not going to go away. I feel really bullied by 3G, I have sent them two letters to which I have received no reply, as far as they are concerned it can take them as long as they like to sort out a problem and the customer has to just grin and bear it. Pay up and shut up.

Does anyone have any ideas as to what I can do to sort this out? It is really frustrating and annoying. If an outside body decides I have to pay then pay I will, but it grieves me that 3G can play judge and jury without any one to answer to, and I seem to have no course of action to get rid of this problem.

Any ideas help greatly appreciated.

Regards

Mike

gumpster

We have some real nappies which rub on our daughter due to them snagging and folding over.

The retailer agrees this, but will not refund as they determine it to be a personal care item. Is this correct? I thought the item is not fit for purpose so they are obliged to refund?

They suggest contacting the manufacturer, but surely our contract is with the retailer?