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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
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Damaged underwater camera


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Hi all

I have bought fujifilm finepix x90 from Curry's in April.

Camera meant to be water resistant up to 15m.

 

I took it on holidays and first day was working fine.

Second day as well.

 

On third day I took it for another snorkelling trip..

I went to water first time that day and all was working perfect.

I have made another attempt after 1 hour.

 

While I was snorkelling water just suddenly got inside.

Camera is damaged fully now

 

when I went to Curry's they said they can't fix it or repair it and told me to contact Fuji.

I used camera accordingly to instructions and I'm actually surprised that they won't fix it as I was checking all the time if cover is closed.

 

Could anyone give me any advice as if they are right or not and should I contact Fuji or Curry's again?

I haven't had that kind of situation before where retailer didn't accept product and sent me straight to supplier.

Any advice would be greatly appreciated

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This is Currys fob-off routine. Currys are responsible - but they will try to allege that you caused the leak by neglect.

what camera is it?

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The woman in shop said that cause I haven't bought additional insurance they cannot do anything.

 

She would say that, wouldn't she.

 

It's an underwater camera. It is meant to be safe underwater, so shouldn't need additional insurance in case it is taken underwater.

 

If you have used it according to the instructions (be prepared for them to claim otherwise.......) then it isn't fit for purpose. Your claim is against the retailer no matter how much they try to palm you off to the manufacturer.

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spoken to my partner who works for knowhow.

get the store to book it with fuji for repair, it won't cost anything to send. write a statement of how you were using it, where etc etc and get them to send it with the camera inc your contact details.

normally manufacture will email the store with pre paid labels or send a courier.

however if the manufacturer disagrees with your claims of correct usage, there may be a charge to get it back repaired or unrepaired.

the store can pay the charge but they wont want to as it comes off the management bonus (which is from the profits of the store).

either way it wont cost the store or you anything to send it off. you may have a fight on your hands if fuji's reapir team sends back a report saying it was misused or neglected. you can ask the store to escalate this matter to something called 'save our customers' by email.

apparently this department is for sorting out such matters that have come to an impasse with store/customer/repair agent.

in the mean time, scour the net and see if theres anything reported on forums such as this with complaints about the camera already. keep these as evidence.

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when I went to Curry's they said they can't fix it or repair it and told me to contact Fuji.

 

spoken to my partner who works for knowhow.

get the store to book it with fuji for repair, it won't cost anything to send. write a statement of how you were using it, where etc etc and get them to send it with the camera inc your contact details.

normally manufacture will email the store with pre paid labels or send a courier.

 

Therein lies the difference. I can't expect Curry's to do the repair / inspection themselves, but they should be taking 'ownership' of the issue, and organising the return to the manufacturer, rather than fobbing the customer off with "You (the customer) will have to sort this with Fuji, we (Curry's) are washing our hands of it"

 

This was a relative's experience with Curry's too. Ipod nano, 'froze'.

Curry's (as retailer) refused to become involved, expecting my relative to 'do all the running' with Apple.

Apple were great, and replaced the faulty ipod.

 

Our perception : Curry's were interested in sales, and not anything after-sales.

The result: we don't shop with Dixons Retail Group (even if they are a bit cheaper than the 'next' retailer - and they weren't any cheaper than buying direct from Apple, incidentally!) unless we have no other option.

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