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Devdas73

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  1. No their argument is I pinned they shortened. So no need to make note
  2. Thanks proving that they shortened it too much is the problem it's basically my word against theirs as they insist it was done to the length I requested as I was the one who pinned the dress.
  3. I took a £100 brides maid dress for some shortening work. I told them to do it 4 inches but it has been done too short. The shop has refused to reimburse money for the dress. But out of goodwill can sort it. I'm not sure what to do. As shop says they did shortening by four inch so they only followed instructions. Would It be worthwhile taking it to small claims? After all the shop has a duty of care and responsibility. please advice dress is for a wedding in summer
  4. Hello Ganymede i have requested a breakdown but have not been provided one and have requested one again and second question about being aware the I am following the contract (engagement letter) the solicitor did not explain this upfront in the first meeting. I did not expect the seller to pull out but these things happen. But as mentioned above the engagement letter states "Withdrawal or matter being aborted after receipt of papers but before exchange of contracts 50% of our fees quoted in our estimate" the confusion I have is that contracts were not exchanged and still I am supposed to pay more than 50%.
  5. Hello thanks for reading this the issue is that i was in the process of purchasing a shop and was quoted 2500 for the all the work to be done. Unfortunately the seller decided not to proceed and deal fell through. The solicitor’s engagement letter states the following: The final invoice has come and the demand is for 2000 it seems unfair to me that in the contract drawn up it states that before exchange 50% of the fees would be payable which would be in the region of 1250 +/- due to variations. But 2000 seems to significant variation. Question is does the Sale of goods act apply to solicitors as it stated that the price charged should be reasonable The Supply of Goods and Services Act 1982 states that when work is carried out by a trader you can expect it to be done with reasonable care and skill, in a reasonable time for a reasonable charge. Second question is is there a breach of the Unfair contract terms act in this case as the other party is obviously not following the clause set. The Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 allow you to challenge terms that may be unfair or unreasonable and/or restrict your statutory rights. When you enter into an agreement for work to be done that costs over £35 you are entitled to a minimum seven-day cooling-off period to be notified in writing. When you find that work carried out is unsatisfactory, or takes too long to complete, you may be able to claim compensation. I am not refusing to pay the fees but it seems unfair to have to pay almost the full amount for incomplete work. Another way to consider would be buying half a product and paying for the full price. Having contacted the solicitor they are stating that work has exceeded the 50% level even though contracts have not been exchanged therefore I am confused where I stand. Any assistance will be really appreciated. Contract extract Should the transaction fail to proceed to a completion then firm's charge for that transaction will be much lesser as is the sum reasonable having regard to the work done by that stage in the transaction, together with the VAT and any disimbursements incurred. We estimate our charges in the event of abortive matters to be as follows: ·Withdrawal or matters being aborted before submission or receipt of papers 30% of our fees quoted in our estimate. ·Withdrawal or matter being aborted after receipt of papers but before exchange of contracts 50% of our fees quoted in our estimate ·Anything after exchange of Contracts our entire estimate of fees quoted in the estimate together with any additional fees having regard to the additional work undertaken owing to the protracted nature of the transaction
  6. Hello I dropped off my wifes dress to the local dry cleaners it cost £6.50 to clean. The dress was new and cleaned first time. The dress itself has shrunk there is now approx 1 cm of lining showing at the bottom. Having complained the dry cleaner said that they can only follow instructions on the label. And some garments from China are prone to such shrinkage issues. He told me to speak to the retailer about this. But they are not interested and are saying its an issue with the dry cleaner. He has offered to alter the dress out of goodwill. I am considering going to small claims court. But I think the dry cleaners arguement will be that he has used reasonable care and skill to clean the dress. I would like your opinions on what my options are if anyone has had similar experiences as it is an expensive dress worn once only. Many thanks for your responses
  7. from the direct gov site Shopping rights When you go shopping anything you buy is covered by a law called the Sale of Goods Act 1979. This means that when you buy a product it should be: as described fit for purpose of satisfactory quality As described This means that the item you buy should be the same as any description of it. A description could be what the seller has said to you about the item or something written in a brochure. Fit for purpose What you buy should be able to do the job that it was made for. Also, goods should be fit for any specific purpose you agreed with the seller at the time of sale. For example, if you were looking to buy a printer and asked the seller if it would work with your computer then that advice has to be correct. Satisfactory quality Goods that are of satisfactory quality are: free from minor defects (problems) of a good appearance and finish strong and safe sale of goods act Refunds You can get your money back if an item is: faulty (it doesn’t work properly) incorrectly described not fit for purpose If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation. You do not have a right to a refund if you: change your mind about a product decide you do not like it Receipts and proof of purchase You don’t have to have a receipt to get a refund. However a seller can ask you to provide some proof of purchase. This could be a credit card bill or bank statement. Items bought in a sale If you buy anything in a sale you are still covered by the Sale of Goods Act. You wouldn’t get a refund if: you were made aware of a fault before the sale the fault should have been obvious when you bought the item Hope this helps
  8. I have come across a case that may be of use to you Reynolds –v- Stone Rowe Brewer Reynolds v Stone Rowe Brewer (a firm) [2008] EWHC 497 (QB) (18 March 2008) Just do a search on the internet and you should find summaries of the case to make it easier to understand. I dont know the legal impact of this case. This case would be applicable to variety of professional fees i would think not just solicitors
  9. Reynolds v Stone Rowe Brewer (a firm) [2008] EWHC 497 (QB) (18 March 2008) This is an interesting case for those of us who have been given estimates and end up paying far more. I am not to familiar with the law but I thought it would be a useful read for CAG members :grin: It may be in the wrong place please feel free to move this thread. Hope this helps
  10. Ask for an itemised bill is all the work done that you requested there? Take a look at the rules and regulations of the body the partner is a member of what does it say about fee issues? At any point were you made aware of the huge variation in fees? It has to be reasonable under the Sale of goods act so if you agreed at £2500 and were not made aware of variances then SSGA can kick into action. Supply of services: the implied terms Any service you provide must be carried out: with reasonable skill and care; for a reasonable price (unless a price has been agreed); within a reasonable time (unless time is an express term, i.e. when a completion date has been agreed at the time the contract was made). Hope this helps
  11. You dont mention wheter you agreed to do the remedial work? Were you in the process of getting an estimate? This is to establish if there was a contract to do the remedial work or was it only for the MOT? Did you agree to do the remedial work without an estimate? And I agree with noomill they would have to issue a fail certificate and probably have to charge a retest fee as well As for the work done you can carry out basic checks chips, kerb damage etc, if it has not been changed then take it up with them same thing for the exhaust is there a change in tone? Take the car to a garage and ask them to put it up on the ramp some places do free checks. This should establish if work was done, replacement exhaust is quite easy to spot it should be clean and gleaming. No work done would mean they are taking you for a ride....
  12. Take it up with consumer direct they should provide you with guidance and assistance. I would agree with Ray it supposed to be fit for purpose. Worktops are bound to have spillage on them and it would not be reasonable not to expect spillages on them. Write a letter send it registered post and give them a reasonable time to respond. In the meantime contact consumer direct see what they have to say i feel that they are in breach of SSGA.
  13. I had a similar experience with a car supermarket. I went in personally to the guy who took the deposit he laughed at me. So I went and contacted Trading Standards explaining fully the situation. Withing a few weeks i received my money back. You have no loss in contacting TS thats what they are there to do to assist consumers.
  14. Hello, I am a bit confused regarding an accountant I have used to do annual tax return work. I was provided an estimate for tax returns in a region of £500 the final invoice came to £855 which was dated end of Jan which I paid off despite the variation. The invoice that was paid stated on it " To professional fees in connection with the preparation of self assessment tax return for the year ended 5 Apr 07 obtaining your approval submission of same to HMRC and meeting you to discuss...." But now I have received an additional invoice £178 dated 31 March 08 and this also tax return related charges. I am confused if it was a retail environment you pay for the services and thats the end of that, you don't expect further invoices down the line. Considering that all work for tax returns is due by Jan 31 how can the firm have left work relating to the invoice out is this a sign of incompetency or is this the norm? This is the first accountant I have used and the firm is a member of ICAEW. I shall be writing to them as well. But would appreciate any advice. Anyone got any similar experiences with any professions? Any assistance is greatly appreciated.
  15. Thanks Mark for the reply Well the pre agreed terms were to complete the works two weeks prior to the deadline as i had to send the forms off overseas. This work was not completed until i had to tell the accountant i am going to come in to your office and sit with you to ensure work is done. They also mentioned the more work I was to do for them the cheaper it would be for me. So I summarised all statements in Tax years for them on Excel and handed over, there was no issue for them to scroll through statements. Which would be time consuming. After receiving this invoice I checked with another firm regarding to approximate time taken with all information supplied in similar manner i have been told maximum 2 days. It appears that work only progressed over approximately 1 to 1 and 1/2 days at the most. As I started to put pressure on the firm to meet the 2 week deadline the work was done. (I told them on Thursday i would be coming on Friday if there was no progress and Monday afternoon work was done). Presuming that no actual work was done. Also I have had extremely poor customer service with the firm, I have had emails saying is it ok to call you at this time of the day and I have replied back saying ok i shall be waiting, no phone call. When I leave messages on the answering machine no courtesy to call back, in the end i had no choice but to go personally in the office if wanted to get any feedback, and this has given them a chance to increase the fee (meetings) even though it was a 5-10 minute job of handing papers over. I have had a search on the web and perhaps Supply of Goods and Services Act 1982 will be useful. If no agreement has been made with the supplier about completion of the work, or about the charge to be made, then if it is not completed within a reasonable time or the price is unreasonable, this is also treated as breach of contract and the consumer may be entitled to compensation. Thanks again Mark
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