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    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  Irrespective he'd asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.  Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since. I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
    • Torys seem to think its worth while - cheap muckspreading while they get away with ACTUALLY doing it? More the aspect of ensuring that when these tactics are used without justification - make sure your people aren't doing it more and worse or their crap spread on the waters ... - mind you, the Tories would have to maybe even ease off on their using taxpayer and donor money to fund their preferred lifestyles wouldn't they? Maybe even do the jobs they are paid for?  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shop Direct/Very Sale of Goods Act 1979 Claim


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I purchased a Hotpoint Cooker from Very in 2013.

 

I had a repair carried out covered by the warranty in the first year.

 

Around twelve months later the same fault occurred and I again had the fault repaired,

this time I successfully reclaimed from Very.

 

Last year had the same problem and Hotpoint came out to repair again.

 

I attempted to claim from Very but this time they refused the claim.

 

I provided all receipts and even escalated the case to executive complaints.

 

As a final decision they refused the claim and said I could go to the Financial Ombudsman.

 

I contacted the Ombudsman but they said they could not deal with the claim.

 

They recommended the Consumer Ombudsman but Shop Direct/Very is not on their list.

Is small claims my only option?

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Can you please advise what the fault was!

 

 

If it is the Heating element for Oven this is a known problem as these cookers are made by BEKO and are badged as a Hotpoint

 

 

I had the same problem with a Beko cooker and took the Retailer to court and won!

 

What you need to do is go online and check the product reveiw websites there are lots of them that deal with product groups ie Electrical Goods

 

When you have found enough evidence that suggests it an inherent faulg go back to the retailer send a letter detailing all the facts invite them to reconsider thier decision

 

If they wont budge then a Letter before Action giving them 14 days to change their response and advise you that you will start a claim in county court to recover your costs But you must be prepared to follow it through Dont Bluff

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Haversine, it is the microswitch in the oven door that is the problem, the fan does not come on due to the fault.

If I go through small claims (Scotland) I take it I would need to get an independent engineers report then start court proceedings.

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Hi there.

The same advice remains even if its a different fault to the one I had.

 

Just enter the model number etc on the product reveiw website or you can enter the details and google it if it has a history of faults it will come up

 

You have a good case under the SOGA the same fault 3 times in the past 3 years would indicate an inherent fault

 

I am not familiar with the court system in Scotland as i did mine in the UK

 

They will play hardball until the court papers land on the doormat but in my case they settled if I withdrew the action

 

You can get an independent engineers report which you will have to pay but you can add the cost to your court action if you decide to go through with it .

 

When I lived in the UK all Hotpoint products had a 5 year warranty on parts.

 

Have you paid for the last repair as yet if you have it should have been for labour only.

 

Have you still got the service reports for the current and previous jobs as you will need them as exhibits if it gets to the court stage.

 

Also if this fault keeps recurring it may be better to reject the cooker and ask for a replacement/refund if you can prove it is an inherent fault you dont want this problem every year!

 

As it is midnight in Sweden where I live I will call it a day now and it is -16c and snowing outside Will check again tomorrow

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  • 3 weeks later...

Hi Haverson,

I have been unable to find any faults or problems with the microswitch or Cooker online.

 

It means having to get an independent engineer's report then proceeding through small claims.

 

I am wondering that because of the amount of money involved, is it worth it?

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