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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Me in the middle of Argos and Hoover Candy!!


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I am caught between Argos and Hoover Candy in a dispute that I have been battling since March last year.

 

I am being passed from one to the other and neither will resolve my issue to my satisfaction.

I think they may be flouting the law.

I have called Citizens Advice and also Retail Ombudsman who directed me to the Furniture Ombudsman for Argos.

 

Nothing to escalate the problems with Hoover Candy.

I have seen reviews for Hoover on Trustpilot.

My last email to them was quite strong and I also emailed a link to the reviews so they could not argue about their appalling customer service and shoddy products.

I need some clear direction on how to proceed.

 

I am not a giver upper but this is making me ill.

Even so it is not in my character to let myself be treated in such an appalling way.

I am posting a copy of my last email which outlines the issues I think so that anyone can get the gist of it.

Sorry it is long winded.

I am at my wits end :-x

 

I have today spoken to Argos, Citizens Advice and also the Retail Ombudsman about my rights under the Sale of Goods Act 1979,(my product was bought before October 2015) and how I have been treated by both companies.

 

Argos have said that although I contacted them in the first instance while this product was STILL in guarantee and they directed me to deal with the Manufacturer (Hoover Candy) it is NOT their responsibility at this stage because the original hoover was disposed of as instructed by you (I have that in writing) You did not instruct me to contact the retailer or to return the goods to them or to you for examination or investigation you told me to dispose of it. In this case I would have no evidence of the original faulty product.

 

The product I have now is a replacement supplied by you from your own stock.

You say that it is under the same contract because it is like for like under the same contract with Argos.

They say it is not because it is not supplied by them but by you.

You took responsibility for this issue and issued the replacement acknowledging that the original was faulty.

 

You did not ask me to prove the fault or to return the product.

You accepted that it was faulty. I have this in writing. All of it.

 

 

You cannot then say with hindsight that you should not have replaced it.

It is irrelevant.

You have dealt with this issue in a completely unsatisfactory way and taken months and months being as obstructive as possible as a company to get to this point

 

All of this action was started while this product was still under warranty.

I am not happy with the replacement.

You have a responsibility to me as the customer under the Sale of Goods Act to rectify that situation.

You provided the replacement which was only 3 months old when I complained about it again.

In that instance I do not have to prove there is a fault and I am entitled to a refund or a replacement.

 

I should also be entitled to some redress for the way my complaint has been dealt with and the length of time it has taken, the stress it has caused me and the costs incurred on calls etc. I have all of the contact with you in writing.

 

 

I also repeat that one of your advisors John, yesterday told me that I should tell ARGOS THAT THE HOOVER I HAVE NOW IS THE ORIGINAL because they do not check serial numbers.

That is deception and would achieve nothing.

 

 

The time scale is irrelevant on all of this because I started this complaint BEFORE the manufacturers warranty ended.

You came to a resolution after 6 months of being obstructive and replaced the faulty hoover taking complete responsibilty away from the retailer and told me to dispose of the original.

 

In the light of this you are now responsible to come to a satisfactory resolution regarding the replacement which I find unacceptable after just a few months.

 

 

I have the law on my side and I will take this to the next step if you do not agree to either refund me the cost of the original hoover or replace it FOC with a new model to the same value as my original purchase.

 

I fail to see how under the circumstances and given all the information and the conduct of your company regarding my experience, you can argue the point anymore.

 

Please do not ignore this email.

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Hello and welcome,

 

I have formatted your post a bit to make it easier to read, hopefully you will get some help shortly.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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What, exactly, is wrong with the replacement. Do you consider it to be faulty?

 

H

  • Haha 1

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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quite correct its nowt to do with argos

 

and I don't think CRA [which is the replacement for SOGA]

covers you under the manu rather than the retailer

 

you'd have to read it to find out.

 

I believe the warranty runs concurrent from the first purchase too.

 

and they cant refund you

they were not the retailer nor should they have to

the item is outside of any moneyback period if there ever was one.

 

repair or replace as they supplied it - but no refund

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The CRA applies from oct 2015.

I bought before that.

 

 

I went to argos in the guarantee period.

They told me to go to hoover who led me up the garden path for months and then replaced.

 

 

Not happy with replacement.

Now they tell me to go back to argos.

 

 

I have been put in this situation by the two companies both now refusing responsibility.

 

 

CAB point to argos,

they point to hoover they point back at argos.

I must have some rights for redress with one or both!

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So, again then, What, exactly, is wrong with the replacement. Do you consider it to be faulty?

 

What does it not do that it should do or does it do that it should not.

 

To determine liability, and a case if there is one, we need to know the fault. It wasn't mentioned in your first post and you've not stated it so far in any of your replies.

 

'Issues with the replacement' is not a description of a fault.

 

H

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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It does not work properly.

It is for pet hair and has a turbo tool which does not rotate or pick up after several uses.

 

I have had 4 tools which they expected me to pay for.

That is not fair wear and tear.

 

The hoover has a burning smell when stationary and using the tool.

 

The roller continues to rotate when stationary causing friction and damage to floor and carpet.

 

The same as the first one they replaced as faulty.

I came on here for help not an argument.

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It does not work properly. It is for pet hair and has a turbo tool which does not rotate or pick up after several uses. I have had 4 tools which they expected me to pay for. That is not fair wear and tear. The hoover has a burning smell when stationary and using the tool. The roller continues to rotate when stationary causing friction and damage to floor and carpet. The same as the first one they replaced as faulty. I came on here for help not an argument.

 

Well pardon me for asking, I was trying to ascertain exactly what the problem is so I could offer a solution, not an argument.

 

I'm out.

 

H

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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