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Hi Guys! I have never used this service before, can't afford a solicitor but a friend recommended it for the lovely advice and community, so here goes...
I am an entrepreneur, with 2 businesses and a 2 year old. I was about to go on a business trip from UK to China. She is very clingy, still breast - feeding and I was dreading the flight, especially as it was 11.5 hours one way. I have severe back issues from the 2 years of breastfeeding and labour complications so holding her for the duration of the flight made me feel queasy. I did everything to prepare in hopes she would sleep on the flight, cough syrup, didn't let her have her daytime nap etc. Then I found this reel on Instagram showing this amazing looking blow up mattress especially made for flights provided by a rental company specialising renting things for travel, eating, sleep you name it! It look amazing, they had a 4.6 rating on trustpilot. I immediately found the website, where you can rent the mattress. Paid extra to have it arrive the next day, I was very short on time. After receving it, i received a whatsapp message saying that if there are any issues, I must report it withing 12 hours and if it is an inflatable to report within 24 hours. I saw this message late, and I inflated the mattress near the 24 hour mark, so if there were any issues, I would not have been able to report it according to their terms and conditions. When I came to inflate it, I noticed that the pump was far too small for the hole in the mattress and I was only able to inflate it to about 50% and I gave up because I got tired after 40 minutes of pumping. I had no other choice but to take it with me, on the flight, the mattress would not inflate. My husband and I spent 2 hours and 15 minutes in total between us trying to pump it. I cannot explain the frustration I was experiencing. In the end, I had to carry my toddler for 8.5 hours of the flight. When I arrived in China, my back issues flared up and I was not able to attend any of my scheduled business meetings for my one week trip, I had to spend another 3.5k extending our trip to have these meetings. Naturally, I was super busy. I tried to contact them as soon as I could which was 2 days before I had to return the item and filed a formal complaint through whatsapp, including how much I detrimented from hiring this mattress. They got me to fill out a form despite writing the complaint on the whatsapp chat, then said it will be reviews and a member of the team will get back to me in 5 working days. I said that time is of the essence as I need to return the item back in 2 days on 13th March so I would like a response before then. They said, if you would like to extend your hire time, there will be a charge applied. They said, as you did not inform us of any issues within 12 hours of receiving the item as per their terms and conditions. I said, expecting a working mother to report an issue in such a short time frame is unreasonable and ridiculous. Then the replies stopped.I called them at 6:40pm, no answer and I received a message saying that their operating hours are from 9am - 5pm. I then requested a call back. I received a message back saying again that I did not report the issue within 12 hours of receiving it, I said this is too short of a time for me to report. There was some back and forth, they were referring to their terms and conditions:
Please refer to clause 14.1 regarding reporting any issues upon receipt
14.1 The Hirer is responsible for checking and ensuring that they are satisfied with the equipment delivered. If there are any missing items or damage to the equipment to impair use, the Hirer should inform us within 12 hours of receipt. If you have hired an inflatable item from us such as a Planepal you must inflate this to check for any punctures caused during transit and report and issues to us within 24 hours of delivery.
Clause 7.1 relating to hire
extensions
14.1 The Hirer is responsible for checking and ensuring that they are satisfied with the equipment delivered. If there are any missing items or damage to the equipment to impair use, the Hirer should inform us within 12 hours of receipt. If you have hired an inflatable item from us such as a Planepal you must inflate this to check for any punctures caused during transit and report and issues to us within 24 hours of delivery.
I responded by saying that these terms are far too harsh and draconian and they were not brought to my attention when I was making the purchase online (they get you to tick a box saying you have agreed to the ts and cs when making the purchase). I mentioned my consumer rights and they responded with - "this chat is now closed".
I couldnt believe it! I was shocked! How could they end the conversation at that point? I stupidly, stupidly, let me emotions take over and to get a reaction out of this person, I started swearing. Every time I wrote a message, they would respond immediately with "this chat is now closed" so there was someone on the other end responding.
I wanted to fight this, I couldn't believe a business that is advertised to make parents' life easier was actually trying to make money out of overworked, over stimulated parents who are always forgetful because we are trying to remember so many things and be able to afford the cost of living in the UK! I held on to the item whilst I decided what to do. In the meantime, they were charging me everyday. When I tried to return the item, they rejected it as it had past 2 weeks and they said they cannot rely on the item any more as it could be defective. They instructed Dan Silverman to get the funds. I sent them a formal letter before escalation, the response I got was, you must pay or it will go to SCC. They have now sent it to SCC. I want to fight this for other parents and for their draconian and unfair terms and conditions. As a business owner myself, I am always trying to make life easier for my clients, so this just seems so unfair and unjust to me. My problem is that I swore, called them a b**** and a c***. I have evidence of all the emails and whatsapp chats.
I am going to fight this myself so would really appreciate some guidance on this! Do I have a chance at winning? Or am I doomed to have a CCJ against me
I am an entrepreneur, with 2 businesses and a 2 year old. I was about to go on a business trip from UK to China. She is very clingy, still breast - feeding and I was dreading the flight, especially as it was 11.5 hours one way. I have severe back issues from the 2 years of breastfeeding and labour complications so holding her for the duration of the flight made me feel queasy. I did everything to prepare in hopes she would sleep on the flight, cough syrup, didn't let her have her daytime nap etc. Then I found this reel on Instagram showing this amazing looking blow up mattress especially made for flights provided by a rental company specialising renting things for travel, eating, sleep you name it! It look amazing, they had a 4.6 rating on trustpilot. I immediately found the website, where you can rent the mattress. Paid extra to have it arrive the next day, I was very short on time. After receving it, i received a whatsapp message saying that if there are any issues, I must report it withing 12 hours and if it is an inflatable to report within 24 hours. I saw this message late, and I inflated the mattress near the 24 hour mark, so if there were any issues, I would not have been able to report it according to their terms and conditions. When I came to inflate it, I noticed that the pump was far too small for the hole in the mattress and I was only able to inflate it to about 50% and I gave up because I got tired after 40 minutes of pumping. I had no other choice but to take it with me, on the flight, the mattress would not inflate. My husband and I spent 2 hours and 15 minutes in total between us trying to pump it. I cannot explain the frustration I was experiencing. In the end, I had to carry my toddler for 8.5 hours of the flight. When I arrived in China, my back issues flared up and I was not able to attend any of my scheduled business meetings for my one week trip, I had to spend another 3.5k extending our trip to have these meetings. Naturally, I was super busy. I tried to contact them as soon as I could which was 2 days before I had to return the item and filed a formal complaint through whatsapp, including how much I detrimented from hiring this mattress. They got me to fill out a form despite writing the complaint on the whatsapp chat, then said it will be reviews and a member of the team will get back to me in 5 working days. I said that time is of the essence as I need to return the item back in 2 days on 13th March so I would like a response before then. They said, if you would like to extend your hire time, there will be a charge applied. They said, as you did not inform us of any issues within 12 hours of receiving the item as per their terms and conditions. I said, expecting a working mother to report an issue in such a short time frame is unreasonable and ridiculous. Then the replies stopped.I called them at 6:40pm, no answer and I received a message saying that their operating hours are from 9am - 5pm. I then requested a call back. I received a message back saying again that I did not report the issue within 12 hours of receiving it, I said this is too short of a time for me to report. There was some back and forth, they were referring to their terms and conditions:
Please refer to clause 14.1 regarding reporting any issues upon receipt
14.1 The Hirer is responsible for checking and ensuring that they are satisfied with the equipment delivered. If there are any missing items or damage to the equipment to impair use, the Hirer should inform us within 12 hours of receipt. If you have hired an inflatable item from us such as a Planepal you must inflate this to check for any punctures caused during transit and report and issues to us within 24 hours of delivery.
Clause 7.1 relating to hire
extensions
14.1 The Hirer is responsible for checking and ensuring that they are satisfied with the equipment delivered. If there are any missing items or damage to the equipment to impair use, the Hirer should inform us within 12 hours of receipt. If you have hired an inflatable item from us such as a Planepal you must inflate this to check for any punctures caused during transit and report and issues to us within 24 hours of delivery.
I responded by saying that these terms are far too harsh and draconian and they were not brought to my attention when I was making the purchase online (they get you to tick a box saying you have agreed to the ts and cs when making the purchase). I mentioned my consumer rights and they responded with - "this chat is now closed".
I couldnt believe it! I was shocked! How could they end the conversation at that point? I stupidly, stupidly, let me emotions take over and to get a reaction out of this person, I started swearing. Every time I wrote a message, they would respond immediately with "this chat is now closed" so there was someone on the other end responding.
I wanted to fight this, I couldn't believe a business that is advertised to make parents' life easier was actually trying to make money out of overworked, over stimulated parents who are always forgetful because we are trying to remember so many things and be able to afford the cost of living in the UK! I held on to the item whilst I decided what to do. In the meantime, they were charging me everyday. When I tried to return the item, they rejected it as it had past 2 weeks and they said they cannot rely on the item any more as it could be defective. They instructed Dan Silverman to get the funds. I sent them a formal letter before escalation, the response I got was, you must pay or it will go to SCC. They have now sent it to SCC. I want to fight this for other parents and for their draconian and unfair terms and conditions. As a business owner myself, I am always trying to make life easier for my clients, so this just seems so unfair and unjust to me. My problem is that I swore, called them a b**** and a c***. I have evidence of all the emails and whatsapp chats.
I am going to fight this myself so would really appreciate some guidance on this! Do I have a chance at winning? Or am I doomed to have a CCJ against me
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