leni
Member
Registered: 25th Mar 02
User status: Offline
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From : <FerA
Sent : 31 May 2004 19 4:59
To : leniloo@hotmail.com
Subject : (no subject)
Hi
I have been away on holiday and set up the rail today.
As soon as I fixed the top pole in the supports split again!!!!!!!
As you will guess I am NOT happy.
There is obviously a fault.
look forward to hearing from you ASAP
S Ferguson
From : <FerA
Sent : 01 June 2004 10:26:13
To : leniloo@hotmail.com
Subject : Re: Your Rail
Did I fix it to the correct pole?
Hardly ROCKET SCIENCE !!!!!!
Both were split the last time and it DOES affect the performace of the rail.
4 shirts and 1 suit and the pole slid down. and YES it was tight enough.
As this was sold as new and NOT as seen or seconhand I want a refund.
I am determined to have one therefore if you refuse I will consult my
Lawyer. Oh thats me . Yes I am a lawyer therefore it wont cost me anything to sue,
I wonder how you would feel in the same situation.
My reply
Hi
I fail to see how the pole can slide down with a split bracket! The pole would only slide down if you had not tightend the height adjuster! The brackets you returned hold the top bar in place and this would not affect the rail holding garments! Have you put the bracket the right way round on to the right pole!
I have attached a picture of the brackets you returned, it is clear to see that only one had a split!
This is the item description...
ANN SUMMERS REPS
PORTABLE, LIGHTWEIGHT CLOTHES RAIL!
IDEAL AND PROFESSIONAL LOOKING FOR YOUR PARTIES!!
Metal frame. On castors for easy movability.
• Height adjustable from 104 to 166cm.
• Size (W)90, (D)38cm.
MAKE YOUR BUSINESS A SUCCESS! GIVE YOUR CUSTOMERS CONFIDENCE!
Can you advise me where this says the item is new?
If you want to take this matter further then be my guest! As far as I am concerned, you have now broken 3 brackets! As I have said 10 other people have bought this item and I have no complaints. I have a rail myself and my brackets have split, after a year of use but this is 3 times a week being pushed in and out of the back of a car and dragged up stairs etc etc! This has not affected the use of the rail, except that the top bar lifts easily off the 2 uprights, it does not make items fall off!
If it was me and the goods had arrived broken, I would of asked for a replacment or compensation, which you were provided with both. However if I broke them, then I would not have ask for a replacement! I feel you have been given the compensation necessary and as I know that the second lot of brackets were in perfect condition I would not take this matter further, personally.
leni
From : <FerA
Sent : 01 June 2004 11:28:44
To : leniloo@hotmail.com
Subject : Re: Your Rail
I really find it offensive the fact that you keep saying Im too stupid to put together
this SIMPLE construction.
You said the 1st time you would refund my postage albeit it only 90p BUT you didnt.!!!!
I want a total refund for item plus postage plus 90p for previous postage.
I also had to wait 3 weeks for replacement.
You have 4 days.
I can assure you that their was a stamp in the envelope. I will not be replying to anymore emails until I have been given advice! The item was bought in April and came with a 30 day guarentee, obviously 2 months after you have bought something you can not take things back, so my supplier will not be issuing me with a refund and so I do not intend to issue you one.
If legal action is completely neccessary then feel free to pursue this though the courts. I feel however that I must point out to you that it would not be costless, as even if you did not have to pay for a lawyer you would still be expected to pay for other court costs & for any summons issued - I am sure that as you claim to be a lawyer you are fully aware of this fact but may have momentarily overlooked it.
You may, as you stated know your legal position and so I am consulting my uncle as to mine.
Also please feel free to amend your feedback comments.
Thanks
Leni
From : <FerA
Sent : 01 June 2004 14:37:11
To : leniloo@hotmail.com
Subject : Re: Your Rail
There was NO stamp in the envelope .
I dont need your uncle to tell me how I stand
I am aware of ALL legal positions
As I previously stated If I dont have refund (then of course i will return your faulty item)
In 4 days I will start proceedings.
You might find this much costlier than a refund.
I am sure your supplier will then refund you.
I will of course be amending my feedback comments.
S Ferguson
I have spoken to my uncle who has emailed me this section of the Consumer Rights laws.
When the law does not apply
You will not have any of the legal rights if:-
• you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it; or
• the trader pointed out the defect that you now want to complain about; or
• you have damaged the goods yourself; or
• you bought the goods at an auction and the auctioneer made it clear that your legal rights did not apply.
I feel this answers any queries as the second set of brackets were checked and sent in a perfect, unfaulty condition. If this was the first time it had happend and you had asked for a refund at that time, then maybe I would of considered it. But you have now broken 3 brackets and I personally am putting that down to mis-use.
You have had a replacment and that is as far as I am prepared to go on this matter. Again if the split is like the one that you sent back to me, then this should not affect the products performance!
leni
From : <FerA
Sent : 01 June 2004 16:47:51
To : leniloo@hotmail.com
Subject : Re: Your Rail
I didnt ask for are refund the 1st time
(a) these things happen
and i was giving you the chance to rectify.
(b) I DID want the rail albeit a perfect one.
I have NEVER used it yet so how can it be misuse!!!!!!!!!!!!!!!!!!!
I have four witness to theses facts
Please dont write again unless its cheque with my refund
YOU HAVE 4 Days
You will be waiting alot longer than 4 days and I will not NOT be bullied with the threat of legal action! I sent replacements that were perfect and as far as I am concerned, I have done my bit!
I have not been nasty in my emails and have not dictated what should be done the way you have.
I bought the rail from index, if you want to try your luck you could take it there and ask for a refund or for a new set of brackets. But you will not be getting a refund from me and as the rail retails at £5.19 you will also not be getting the amount you paid me for it back either!
I sent perfect brackets back that were checked on my rail and fitted perfectly and were undamaged! They were even checked in store at Index as their employee opened a new box and got them for me and checked them there also.
So it looks like I await your summons!
leni
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Pablo
Member
Registered: 3rd Feb 03
Location: Milton Keynes
User status: Offline
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 Bitchy bitchy bitchy
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Patrick
Member
Registered: 25th Apr 02
Location: SE London
User status: Offline
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Patrick
Member
Registered: 25th Apr 02
Location: SE London
User status: Offline
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The customer is always right.
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PaulW
Member
Registered: 26th Jan 03
Location: Atherton, Greater Manchester
User status: Offline
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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haha quality....you cant buy this kinda shit
I think you should send her a jobby in a box with a note :- eat shit and die cabbage face
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Corsa E-Tec
Member
Registered: 4th Feb 04
Location: Stevenage Drives: Leon Cupra
User status: Offline
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go on leni, stand ya ground, she's a plum!!
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Wolfy
Member
Registered: 1st Apr 02
Location: West Midlands
User status: Offline
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I have NEVER used it yet so how can it be misuse!!!!!!!!!!!!!!!!!!!
because she took it out of the box and put it together. jeese how dumb can this tart be?
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modded_corsa
Member
Registered: 9th May 03
Location: Middlesbrough
User status: Offline
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wot amazed me...by reading all that was
"i am a lawyer"
then in a later email she says......"i am waiting to be advised"
silly bint......
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