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Re: Teka
Hi ya
We do some direct and recently we have been getting some from GBDAR.
Had a conversation yesterday with someone in the know that advised they were cutting their service and spares team in half.
A close eye is being kept on this one as K says
Regards all
Jackal
Re: Electrical Logistics
Toni hi
Are they based in Yardley, Birmingham B26, if so it will be Alan Beetison formerly of PESN, whom went bust several years ago owing approx £900k to the bank and £1.5m to agents.
Regards to all
Jackal
Re: Engineer being sued over AGA range cooker
First and most importantly he answers the summons by filing an acknowledgement of service within 14 days. It will be in the pack sent to him by the court. He then files a defence within a further 14 days ie within 28 days of the date of the summons.
As he never worked on the appliance in question he cannot be held responsible for it failing as a result of a failed part. This does not stop the customer trying it on.
If you were able to sue for things like this, then the man whom called to fill my oil tank up in the garden is now responsible for my 14 inch tv breaking down in the spare bedroom and I want it replaced with a LCD.
Seriously, without knowing the details regarding the summons, I cannot answer fully, but in these modern days of IT and websites etc, the courts service has gone online and now you can issue summones through the post without anyone ever seeing if they are valid or not. The customer is trying it on and it can be defended easily but he must defend it.
If he does not defend it, it WILL end up that he is automatically found guilty and then the customer can request the Sheriffs attend due to the amount. They have the power to force entry and remove almost anything.
I hope this helps
Regards
Jackal
Re: crack in hob
Steven Hi
Tricky one, i am presuming a lot here but I presume you throughly tested the appliance after repair and that the customer signed a job sheet of some sort indicating she was happy with the repair and that she made no adverse comments on the job sheet regarding the glass.
If this is the case then I am sorry but Martin is wrong here, you are not responsible for the crack in the glass one month later. As the item (glass) is in plain site for everyone to see including the customer, then customer is under a duty of care to report the damage or crack at the time of the completion of the original repair or within a reasonable amount of time thereafter, and a reasonable amount of time is hours and days not weeks and months.
Who is to say that at some point since your repair your customer has not accidentally or otherwise dropped something on it causing it to crack.
If this were a part where the customer cannot with reasonable ease access it then that’s a different matter altogether and Martin would be quite correct that as you touched it last then you are responsible.
Think of it this way, you buys your new car or van and take it away and drive it around for a month. Then you notice its been scratched at some point on the bonnet. Do you go back to the supplying dealer and get them to replace it at their expense because they touched it last. Come on you know what there answer will be. However, if in the same circumstances the wheel fell off because the suspension was faulty, then yes you could claim against the dealer as they PDI it before delivery to you and should have noticed the fault.
At the end of the day you are a Domestic Appliance Engineer and not a fortune teller.
I suggest you return to the customer and explain you are not responsible for faults to other parts after the repair and quote for the new glass. You could offer a discount on labour or the parts as a gesture of goodwill without admission of liability.
Regards
Jackal
Re: QED ?
Removed as a moderator, he should be removed from society.
As Helo would say,
An A Grade to55er
Jackal
Re: De Dietrich UMP604E1
Cheers Kenneth
Its the 76X5214 number we needed, £21 from Eectrue, £5 from Masterpart, god I wish I could charge like Electrue, 😀 😀
Jackal
Re: A Sledgehammer to crack a nut me lord !
Squadman Hi
Firstly, Kens advice as always is right on the button. If they have a real legal problem they will put it in writing for you but this is an old tactic from Indesit and I have answered this for several members over the past year.
Your posting does not give me the information needed to point you in the right direction to tell the guy where to go. In fact I have a standard set of replies to use as this is really quite common.
If you can ascertain, IF he phones back as he doesn’t always, exactly where he has seen the offending article and let me know by PM I will provide you with a suitable response.
Usually, this will be started by a recent issue of the new YP and you are carrying in your advert the word INDESIT. Basically, if you use the logo, you must seek permission from the TM owner for its use. If you are just saying the word INDESIT in normal type, without the use of the logo then that is perfectly permissible.
The law of this land states you cannot copyright or trademark a word. You can register a trademark for a logo which incorporates the word but not the word itself.
for example, the word Virgin cannot be registered as a TM. Mr Branson has registered a picture logo with the word virgin in it and as such no one can use that picture without his permission.
As I say, to be able to go further, I need to know exactly what is alleged to have been published and where and I will be able to advise.
In the meantime, dont worry about it in the slightest, none of the fourteen I advised last year ever heard anything again and I suspect that is just more scaremongering from a manufacturer whom really should put this guys salary to better use.
Regards all
Jackal
Re: samsung mod kit for lever
Ice Dispenser Lever is DA66-00398A (white) or DA66-00398C (Silver)
Water Dispenser Lever is DA66-00399A (white) or DA66-00399C (Silver)
Regards
Jackal
Re: interest on a debt
Fridgeman, i hope this helps. Please note the base rate from the 1st July to 31st December 2007 is 5.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} thus the actual current rate as of this morning is 13.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}
Jackal wrote:
The Late Payment of Commercial Debts Act 2002 made it possible for smaller companies to obtain legal redress on those companies owing monies in excess of the agreed credit terms.
Basically, the act allows you to claim both an admin penalty fee and interest by law if another company is late with its payments, it works like this:-
You can claim an admin fee legally if a debt is late. The amount you can claim is based of the size of the debt as follows:-
Debt (including any applicable VAT) is upto £999.99. The claim is £40.00
Debt (including any applicable VAT) is £1000.00 to £9999.99. The claim is £70.00
Debt (including any applicable VAT) is over £10000. The claim is £100.00This can be applied automatically.
The second section of the act allows you to claim and continue to claim a predetermined interest rate. That rate is 8{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} above the agreed base rate (currently and until 31 Dec 2006 the base rate is deemed to be 4.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}) thus the actual current rate as of this morning is 12.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}
Both of these elements under the act are your legal statutory rights to compensation, all you need to do is claim them.
To be able to claim the following needs to occur.
1) The debt has to be determined as being late.
A payment is determined to be late when one of either of the two following situations occurs.
a) YOUR agreed credit terms have expired. for example, your agreed credit terms are say net 7 days from invoice; then payment is deemed to be late on the 8th day from invoice.
or
b) Where NO credit terms have been agreed then the Act sets a default period of 30 days from invoice, therefore payment is determined to be late on the 31st day after invoice.
You can only claim interest for the number of days late, not from the date of invoice.
Using a) above, the invoice is unpaid for 8 days, then this is 1 day late.
Using b) above, the invoice is unpaid for 35 days, then this is 5 days late.
To calculate the interest due use the following calculation
Amount of Debt x Interest Rate (12.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}) divided by 365
This will give you the daily rate of interest. multiply whatever this figure is by the number of days late to get the accrued figure
for example
The debt is £1000. The debt is 30 days late. The calculation is as follows:-
£1000 x 12.5{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} divided by 365 equals .34p per day
.34p multiplied by the 30 days the debt is late equals is £10.27 accrued interest.
Interest stops accruing on receipt of payment (not when the payment has cleared). If you are paid by cheque, this means it stops accruing on receipt of the cheque not when the cheque clears. Of course should the cheque subsequently bounce for whatever reason then thats a whole different ball game altogether.
If a partial payment occurs then the payment is used to pay off the accrued interest first and then the debt itself. Interest will then continue to accure of the new balance of the debt at the new daily rate.
You can continue to accrue interest indefinitely although it is common practice to pursue the matter into court after 10 days.
Remember, VAT is included in the amount of the debt if you are VAT registered.
The admin penalty fees and interest charges are NON VAT attributable.
If the debt is over £750 (including VAT and the above charges) and the debt is not disputed then you can issue a Statutory Demand and thereafter petition the courts to wind up the company or bankrupt the individual as appropriate.
As with all matter legal it is best practise to write to the company concerned and point out your intentions and give them a reasonable time frame to comply with, (7 days is sufficent) with your agreement. Always, always send this notice in writing by recorded delivery to ensure it is signed for.
If you do need to go to court, proof that you have acted reasonably will be required to support your claims. Written notice, giving reasons and reasonable time frames to resolve the issue which are sent by recorded delivery do just that and almost all courts accept and take it as evidence. 😀
My sympathies to all of you owed money and I am more than a little surprised by JTM’s actions. I hope you will resolve your issues sooner rather than later.
Best regards all
Jackal
Re: Lost!!!!!
Tony hi
Unfortunately you have to assume its lost in the post. Royal Mail do not have any facility to trace items unless sent by recorded delivery (and then only after they have been delivered to the local delivery office) or special delivery (which is fully traceable). As a result compensation for any losses is strictly limited.
For first class items the following applies provided you have a certificate of posting obtained from the post office you used. No certificate = no compensation at all.
You will have to prove the actual value of the items lost and the maximum claim will be £34.00 or the market value whichever is the lower. You have to apply within 12 months of the issue of the certificate of posting. You must wait a minimum of 15 working days from the day following the date of posting as RM do not consider an item lost until then.
You will also have to complete a claims form obtainable from them on telephone number 08457 740 740. Lines are open from 8am – 7.30pm, Monday to Friday, and 8am – 2.30pm on Saturdays.
Hope it helps
Jackal
Re: Lost!!!!!
Tony Hi
What method was used to send the items to EMW. Was it regular post, recorded delivery, special delivery, carrier? It makes a difference to the answer.
Regards
Jackal
