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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale ??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously did as fh.  He just did a re-write 5m later - but kept the same value for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation.  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a MoneyClaim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so. ???    
    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
    • Hi Baldilocks. Welcome to CAG. I've done some minor formatting edits to your post to make it easier to read for people on mobile. Try to keep to 1 or 2 sentences max before creating a line break in your post. It's the Consumer Rights Act 2015, not the Sale of Goods Act 2015. The Consumer Rights Act 2015 superseded The Sale Of Goods Act 1979 and the latter does not apply as I imagine this purchase was made after 1st October 2015. Can you confirm the make and model of the vehicle? Some vehicles have their service history stored within the on board computers now or have it available to view online at any point. How did you pay for the vehicle? Finance (what type), Debit/Credit Card etc? I would argue, that should the above points not be correct, you would be right to claim that the goods are not as described under the Consumer Rights Act 2015.  
    • Thanks everyone for all your help, but unfortunately my case was dismissed. This is the 2nd time I've had this happen now so I doubt ill be taking on any parking firms in future sadly. The judge said I lost it on the grounds that the sign said I had 28 days to declare who the owner of the vehicle was, and said I should have complied with this.  My costs are Judgment for the claimant £133.33 Issue fee Hearing fee Solicitors costs - total £265 grand total £398.33 Do those costs look about right?
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SUNNY BEDROOMS & KITCHEN LIMITED poor workmanship of built in furniture


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Hello,

 

I ordered built in wardrobes and some shelves for the existing wardrobes.

 

 

After 6 weeks two gentlemen appeared and installed some of the items in awful quality,

the shelves are not in line,

pencil markings everywhere,

dents to the existing wardrobes, etc.

 

 

Along with that they ruined my cream carpets

(I moved into a brand new house a 2 months ago! carpets are still in majority covered by the protective plastic layer, but everything around is now grey.

In addition they put one of the wardrobes on top of the plastic !),

stained the walls and ceiling.

 

 

At the very end they started the installation of the doors to the wardrobes and these were of even worse quality and were damaged, so they took them off and disappeared.

 

 

I contacted the company and send the photos.

 

 

In response i was rudely told that nothing will be done to rectify my brand new house and if I want my doors I need to pay the last instalment.

Is there anything I can do?

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oh yes

consumer rights act

 

 

could do with some timelines here and dates

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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big company of a small local outfit?

 

If the latter suing them will be easy but getting any compensation less likely as they will just do a runner.

 

How did you pay for the goods/work?

you may have a claim against the card issuer to at least get your money back and if a credit card the whole value of the goods/service.

 

Unfortunately that wont cover the damage done to your property

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Yes, but I really need the works to be finished and house look normal again. How about the below letter to be sent?

 

On 23 September 2017 details of the quality of the works attempted at the address xxx were emailed to your offices. To date I have not received a suggestion of remedy of the situation.

 

In line with the Consumer Rights Act 2015 Part 1, Chapter 2 , subsection 3 of Goods to be of satisfactory quality states the following:

 

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

 

(a)fitness for all the purposes for which goods of that kind are usually supplied;

 

(b)appearance and finish;

 

©freedom from minor defects;

 

(d)safety;

 

(e)durability.

 

Further Section 15 on Installation states the following:

 

15 Installation as part of conformity of the goods with the contract

 

(1)Goods do not conform to a contract to supply goods if—

 

(a)installation of the goods forms part of the contract,

 

(b)the goods are installed by the trader or under the trader’s responsibility, and

 

©the goods are installed incorrectly.

 

In line with the above Section 19, Subsection 4 of the Consumer’s rights to enforce terms about good suggest the following course of action:

 

(4) If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—

 

(a)the right to repair or replacement (section 23); and

 

(b)the right to a price reduction or the final right to reject (sections 20 and 24).

 

The Act further does not prevent the consumer seeking other remedies and please hereby be referred to the subsection 11:

 

(11)Those other remedies include any of the following that is open to the consumer in the circumstances—

 

(a)claiming damages;

 

(b)seeking specific performance;

 

©seeking an order for specific implement;

 

(d)relying on the breach against a claim by the trader for the price;

 

(e)for breach of an express term, exercising a right to treat the contract as at an end.

 

I hereby put you on notice that the Firm is in breach of the Consumer Rights Act 2015. In view of the fact and in line with the quoted legislation as the last pre-court resort you are proposed with the below course of action:

 

1. The remaining 4 mirrored doors are installed at the property on 7th October 2017 or alternative date in my presence no later 12th October.

 

2. The already installed goods provided with freedom from defects no later 12th October 2017.

 

The damage caused by the Firm will be reimbursed for and a reputable contractor will be arranged by the consumer to clean the carpets and paint over the stains on the walls and ceiling. The amount for the works will be deducted from the final payment due to the Firm.

 

Any funds following the deduction will be transferred to the company account within 3-5 working days following the completion of works and remedies.

 

Your response and confirmation of the agreement is required within the 7 day from the date of the letter after which the matter will be escalated to court.

 

hi, any idea?

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You don't need to quote the text of each section

Just the ref no.

Makes it less waffle

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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