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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • 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'.  He'd simultaneously 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. In later months 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.  (thus I don't know if the buyer would have ever proceeded). 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 (inc via new agent requested by lender). 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?
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Sale of Goods Act 1979 for business


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Hi All

 

Can you use the sales of goods act or consumer rights for business issues???

 

ie) What are my business rights to obtaining a refund for a faulty machine that is less than 2 months old (I've already had a replacement machine). I think the fault is a manufacturing problem.. Shop has told me that head office have to issue refunds ( they took 3 weeks to cash a chq, I'd hate to see how long it would take them to issue one)

 

or .. Can I ask for a replacement machine - same spec??

 

If anyone can help me I'll post the full details of the problem I have (but it's quite long)

 

Also if any mods read this could we please have a seperate section for small business issues (pretty pretty please, kiss, kiss, kiss)

 

Thanks

Danler

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The SoGA still applies but businesses can exclude some of your rights under the Act in their terms and conditions, provided it is reasonable to do so. This is quite wide though, and it is likely that even the "satisfactory quality" term can be excluded in a business to business contract (see case law L'Estrange v Graucob).

 

If you have a query, the first thing to do is check your terms and conditions for any exclusion clauses. If there are none, then the full SoGA rights apply. If there are, they will have to be reasonable but are likely to restrict your rights accordingly.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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The problem is that within the space of not even 2 months I've already had 1 replacement machine, and a engineer come out once. On thursday the machine packed in with the same fault as the first machine. The shop has said that they will send it back to the manufactures to fix. They have told me I will be without the machine for approx 2 weeks. My guy can't be without the machine for 2 weeks, they wont give me another replacement machine because they havnt got one, so I'll have to buy a second machine. The shop said that refunds can only be done by head office (they took 3 weeks to cash a chq so I'd hate to see how long it would take them issue one). The machine cost nealry £1000 pounds and because of being a small business I havnt got £1000 to spend on another machine tomorrow. I need a replacement machine asap as I wont be able to get my orders out for the end of the week, thus not recieving monies to pay the lads wages.

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I'm sure this will be an insurable loss - if it affects your business profitability, there may well be a claim they (or even you) can pursue to cover your losses. Why not speak with the manufacturers directly to explain the problem, they may be able to assist, even if they're dealer cannot?

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The terms and conditions of the contract (just got it off their web site)

 

a) The conditions and warranties set out in Sections 13,14 and 15 Sale of Goods Act 1979 and Sections 12,13,14,15 and 16 Supply of Goods and Services Act 1982 are hereby expressly excluded from contracts made under these terms and conditions.

 

b) In the event of any defect in or failure of any product supplied under these terms and conditions the maximum liability of the Company will be the initial purchase price of the product

 

---- Quite annoying on part (b) as I had to make a 4 hour round trip to pick up a replacement machine.

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Hi Buzby

 

Problem is the the shop selling these machines, it's their own brand... The shop recommended this perticular model after asking what we was using the machine for.

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Ouch, that weakens things considerably. They have basically excluded their liability for the quality and fitness for purpose of the goods. Although it may seem draconic, this can be possible in trade contracts and - as said before - many such clauses have passed the "test of reasonableness" in court (see previous quoted case law).

 

I don't know much about insurance, may be worth you checking out this possibility - as otherwise you are pretty much at the company's mercy regarding what they are prepared to do. Consequential losses (losses suffered as a result of the goods being faulty/unavailable for use) will certainly be out.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Thanks Rosiecotton, It looks like I'll have to use the wages for this week to buy a new machine (not the same brand) and hopefully get my customer to pay COD on Friday.

Once again thank you, the SOGA is jargon to me..

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