Consumer Rights: MoneySavingExpert.com discussion

cd36uk

Art wrote: »

It's simple to do and can be done on your behalf.

Have a look at:

http://www.hmcourts-service.gov.uk/
http://www.uknetguide.co.uk/News_and_Weather/Article/Making_Claims_at_a_Small_Claims_Court-100307.html

You can do the paperwork online.

Regards,
Art.

Thank you, I will have a read through.
Is it worth contacting the financial ombudsman over this by the way?

flapjack_2

OK, this is a general enquiry as I want to be ready for any wily sales reps with a set of stock responses.
I have an 18 month Orange contract on my mobile phone, but my handset has just died on me halfway through the contract for no apparent reason.
Now I'm a bit green when it comes to mobile contract terms... is it generally accepted that I have to cough up for repairs when the phone malfunctions or I'm stuck with it, or can I twist Orange's arm into repairing or replacing it? If the latter, do I have to take out insurance in advance to qualify? Should I check the terms of my contract before bringing out the big guns?
Any advice welcome

custardy

1/2 way through an 18 month contract would mean the phone is still under warranty

flapjack_2

Thanks again custardy. Just one further question... is there a standard cut off point for warranties on mobile handets or are they solid for the life of the contract? I can't be sure what calendar month I actually renewed my contract with Orange.

Markandmj

In short I bought a caravan for £19995 which was £11,495 trade in and £8500 cash and credit card. this was at end of april 24/4/10 but occupation available only on 30/4/10. On occupying I supplied the salesman with a comprehensive snagging list including items that he had agreed would be repaired. 4 weeks later there was no progress on these repairs and on the 6/6/10 we noticed that the floor trims (skirtings) had been pushed off the wall by a 6 to 8 inch fungus which was on the bedroom floor. We informed the company immediately and after checking Sale of goods Act wrote (14/6/10) and rejected the goods claiming a refund. We also contacted credit card company re section 75. The caravan company initially rejected my claim but after 14 weeks they have offered me £8500 back and £5375 for my old van which equates to Glass's guide bottom book price. The credit card company have been largely inactive. There is a trade organisation who will negotiate if i contact them. I would never have sold my caravan for as little as £5375 as it was immaculate, and they advertised it for £15000 and it sold within a week. My gut instinct is that I am entitled to a full refund less a small amount for the use I had. Any advice would be appreciated.

Sagar_Fuzz

OlliesDad wrote: »

Currently B&Q are not disobeying the law as you need to prove that the unit has an inherent fault (normally a independent report is necessary).

Once you have this proof contact B&Q, if they still dont offer anything further, then they are not obeying the law and you will be able to proceed with small claims court action.

Hiya,

After the recorded letter I got the manager calling me and he gave us a whole new oven. Hooray!

derrick

Sagar_Fuzz wrote: »

Hiya,

After the recorded letter I got the manager calling me and he gave us a whole new oven. Hooray!

Did it take 12 months? As that is the length of time from the post from the OlliesDad post you have quoted.


.

richiejones24

I have had a look through the forum and there are loads of post about suing Royal Mail, but there are no post's with updates of people actually winning so i thought i would let you know what happened with me and how i won the case.

So to start i posted 16 used First Class train tickets via Royal Mail Special Delivery to Virgin Trains to re-new my Virgin Traveller Card (this is a loyalty card allowing free 1st class any where on the Virgin network fri,sat,sun and mon) and the card is valid for 12 months.

Virgin phoned me a week later saying the envelope arrived in an Royal Mail "sorry we damaged your Mail bag" and the tickets where missing.

I put a claim in with Royal Mail who refused to pay compensation as they said the tickets where used and so had no value.

I argued that they did have value and to prove a point i listed the same tickets on eBay and in the description, i stated that the tickets could be exchanged for a Virgin Traveller card giving free First Class Travel, i sent a print out of the Auction page showing that they had been bid upto £260 before i ended the Auction therefore proving they had market value however Royal Mail rejected the claim.

I escalated the claim further to POSTRS the postal redress service who surprise surprise they sided with Royal Mail that they had to value.

During the claim process with Royal Mail I asked several times if they wanted to take a description of the items missing and if they could check with the sorting office because maybe the missing tickets had been handed in (the tickets where all together with an elastic band around them). Royal Mail refused and just told me to just put a claim form in, and they did not seem bothered at all with cheking to see if the tickets had been handed in.

After POSTRS gave there ruling i thought about suing Royal Mail via the county court however Royal Mail is in a unique position and cannot be sued due to the Postal Services Bill, section 75 which reads

(1) No proceedings in tort shall lie against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of a universal postal service because of

(a) anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or
(b) any omission to carry out arrangements for the collection of anything to be conveyed by post.

So i decided to sue Royal Mail not for the lost tickets but for damages as a result of Negligence.
My claim was that Under Supply of Goods and Services Act 1982 business’s most take Reasonable Care and skill in supplying the Goods & Service they supply, By Royal Mail not taking a description of the lost item and not contacting the sorting office to see if it had been handed in, (Which are reasonable steps) they were negligent in their duties.

In the defence Royal Mail stated that they could not be sued and referred to section 75 of the Postal Services Bill (above), but i argued that the legislation did not apply as it states “anything done or omitted to be done in relation to any postal packet in the course of transmission by post” and my packet had already been delivered when Royal Mail refused to look for the missing tickets,
Therefore it was not in the “course of transmission by post”.
Royal Mail did not attending the hearing and the Judge agreed with me and awarded me £900 in damages.

custardy

richiejones24 wrote: »

I have had a look through the forum and there are loads of post about suing Royal Mail, but there are no post's with updates of people actually winning so i thought i would let you know what happened with me and how i won the case.

So to start i posted 16 used First Class train tickets via Royal Mail Special Delivery to Virgin Trains to re-new my Virgin Traveller Card (this is a loyalty card allowing free 1st class any where on the Virgin network fri,sat,sun and mon) and the card is valid for 12 months.

Virgin phoned me a week later saying the envelope arrived in an Royal Mail "sorry we damaged your Mail bag" and the tickets where missing.

regardless of the rest
Im assuming these were loose in an envelope?
seen it many times(often wondered what the returned tickets were all about

bod1467

They were bound together by elastic band, then placed in an envelope. (See, I did bother reading the rest. )