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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • 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 (as trustee and leaseholder) 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.
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Faulty Laptop Curry's PC world


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Hi

 

I'm looking for a bit of advice if possible.

 

I bought a laptop from curry's specifically to record music on, but within a budget and was advised to buy the HP pavilion 15 which was on offer.

It was very noisy in the store but I bought it on their recommendation.

 

 

After getting it home and switching it on,

I found it very noisy,

the fan and hard drive was quite loud.

 

 

the next day I posted on their facebook and they advised I take it back to the store, which I did the following day.

 

 

The guy on the knowhow desk wasn't very helpful, kept me waiting and letting a queue build up while he packed a box and then told me there is no way they would exchange it, and pointed out their policy on the wall!!

 

 

told me they could send it off for testing, but it sounded fine to him. (it was in a noisy store again!).

The thing is, i'd locked myself out too somehow and had to take it home, wait to get my old laptop back and figure out how to reset the password.

 

 

It was easter and I was away for a week also.

feeling fed up it sat in a cupboard for a little while.

 

 

when I finally tried it again decided it was still noisy I contacted the technical team who agreed it sounded noisy over the phone and to take it back to store.

 

 

This time, I took it to a different store and the guy sent it off and it came back with a replaced fan as it was faulty.

 

My issue is that I wanted to exchange it

- which actually was within my rights,

but I was sent away being told they wouldn't do that and there was nothing wrong with it.

 

 

They did repair, but I'm still not happy that they sold me a faulty computer!!

Is there anything I can do? It was a couple of days over the 28 days when I took it back again.

 

Thanks for any advice.

 

Cat

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Welcome to Currys and their poor customer services practice. Don't pay attention to company policies unless they happen to be better than your statutory rights. If curries are offering only a 28 day return on a faulty item then they are acting unlawfully because you had 30 days to assert your short-term right to reject and to claim a refund or replacement at your option.

 

I'm afraid that you have now lost this opportunity and as they have repaired it and you have accepted it, I don't think that there is anything you can do unless another fault develops. If a fault develops within six months of your purchase date then you are obliged to give them one opportunity to carry out a repair and if they refuse or if the repair is unsuccessful then you have the right to insist on refund.

 

As I see your story at the moment, I'm afraid that you have probably lost all your rights unless the computer goes wrong again.

 

I'm afraid that when you are dealing with these companies, it is fatal to give up even for a moment. You have to be persistent and energetic about it from the word go. It's a real shame that that's how it goes even with big companies which should know better and to whom the replacement of a cheap laptop makes up see no difference. They would rather fight you on your customer rights then worry about reputational risk and improving their customer service record.

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Thank you for your reply and advice I really appreciate it. I was looking at the dates and I took it back the second time (after many phone calls and emails) on the 30th day. Does that make a difference? I didn't realise it had been repaired until I went to collect it from the shop. It doesn't sound any different with a new fan in also!

 

Thanks again.

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under the consumer rights act [CRA] you have 30days to return any item that is faulty and get a full 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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  • 1 month later...

Walk into the store please, Tell them this is the 2nd time you are exercising your right to REJECT. Tell the manager the ONLY reason for talking to him is to use his name as reference into your finacila compensation.

 

"MR Manager REFUND me or I shall go further"

 

You have wasted about x4 trips. Cost of travel and personal time. if you are under employment that will be taken as cost.

 

£8 per hour wages = x4 trips. £32 + refund.

 

Question is are you willing to talk with a solictor?

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