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un1boy last won the day on December 9 2006

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  1. Good afternoon, I hope you are well and staying safe. I am currently in the middle of a long and exhausting conversation with my landlord (I rent a flat), regarding service charges, and have some preliminary questions - I am hoping someone is able to give me some advice: 1. The contract does not have a specific are re the lease, it has a (glued on) list of line items, and amounts, and then sections below stating accountant's certificates are needed and some other terms re the service charge. Does the fact the line items have been glued on have an effect of the validity of the contract? Under the section that says "Service Charge" a separate piece of paper has been glued on with the table of line items, and the costs to pay for that period. No accountant's certificate has ever been provided - including after section 21 requests - does this make the demands invalid? The contract does not split each line item in to what can and cannot be claimed; it is simply a glued on table, with amounts for that particular accounting period. 2. Caretaker's salaries are included, but there is nothing in the accounts to show how much is paid out The salaries cover tall caretakers across the whole business and all properties (spread out across the flats) As the amounts cannot be evidenced, does this have an impact on the validity of the charges? 3. Charges have been included for live-in caretakers rent, council tax and water As my block does not have a live-in caretaker, am I liable to pay towards these? 4. Management Charge The landlord has no separate management company, however charges a standard 10%, however this is not in the accounts and they cannot provide evidence of costs incurred. Am I liable to pay this if they cannot evidence - it works out to almost £500,000 a year across al flats, which I feel is excessive for the list of items they have told me if covers, especially as most of them are standard parts of their business. 5. A previous first tier tribunal claim was made for something not directly related to my issues, however, the ruling mentioned the landlord provided no evidence of the caretaking salaries, so they used assumptions with their calculations - these calculations are obvious out of date and a lot lower than they are using for mine. The landlord has advised the tribunal used incorrect figures, but I have pointed out the decision was not appealed, and therefore stands. I know first tier rulings do not set precedents, so I was wondering how this effects the fact that no evidence of the caretaking salaries was produced at that hearing?
  2. Nope, no solicitor - they just want to avoid dealing with it and know that people won't pursue if they need legal advice. They have told me they are aware of the issue. I have been told by Citizens Advice they should be dealing with me direct.
  3. Thanks BazzaS. I was not aware of this until May last year! Argos are refusing to speak to me directly and keep saying they will only speak to my solicitor. I have no other option now than to send prelims and enter a claim - does nay have any templates for Particulars of Claims I can use for this sort of thing?
  4. Hiya, The Act has no time limit, although it is covered by the statute of limitations, meaning it cannot be enforced through the courts after 6 years. I was not aware of the issue until a specific time, the device has never been used because I could not use it for its intended purpose, so it has been sitting around, and I was sold extended warranty. The reasons I have not pursued until now are personal, but as far as the law is concerned, I have the right to pursue at any time.
  5. Hi Bazza, Sorry, I am not getting notifications of new messages. I can't remember what it said in the catalogue, but I was sold a 4G sim card at the time (on the same receipt) which never worked. I have written to Argos and they said it is down to the customer to research products and the issue was out in the public domain at the time, so it is nothing to do with them and they recommend I seek independent legal advice.
  6. Sorry Bazza, it would bought from Argos and O2 Sims did not work. I will grab the variant asap- it needs charging! I guessed I would be facing that question but I was not aware it was on the wrong spectrum until now and I have had too much on deal with this. Also, I am entitled to make a claim at any time, although I am aware of the statute of limitations. I guess I just need some direction on the best way forward; I am currently wring a letter to the retailer, as by card company has told me to do this first.
  7. Hi Craig, so sorry - I did not receive notification of your reply. Yes, the 4g sims don't work as the ipad is on a different 4g spectrum (USA spectrum) so it will not work at all with a UK 4G sim
  8. No, no, it's not defaulted. I was offered a temporary arrangement with reduced payments, as my situation was temporary. That's what I don't understand - payments have been made on the dates requested in the letters, none have been missed or late.
  9. Thanks Old Cogger - I still don't really undersand how it's an accurate situaton as no payments have bene made late. Flaggin the account as in arrangement, and even arrears, I can understand but not late payment markers. It's evne more confusing now that my latest payment has been uploaded as made on time whne nothing has changed at all. The other lenders have not added late paymnet markers to my accounts, just that it is in an arrangement.
  10. Ah, ok. What do you mean by "as long as details correct that is"? Also, I don't understand why they do it - other lenders don't and when the latest payment is marked ok, how can some of the others not be?! It's so confusing and they have not given me a clear reason - I've been given contradicting, and frankly, incorrect information multiple times by Capital One advisers.
  11. Good afternoon, I entered an arrangement with my Capital One card with reduced payments for a temporary time, due to redudnacy. I have made every payment, as agreed and on time. I checked my credit file and noticed they had uploaded some late payment makrers - 1 on one month, then 2 then 1 and 0 for the latest payment. I have made a complaint about this, and have bene told that this is their process, despite them admitting the adviser on the phone did not advise me they would show as late payments. Is this the correct process for them to follow? I don't think they have understood, nor taken owenership of my complaint, as they offered their final repsonse on the phone before even listening to the call and have referred me to the Ombudsman since. I also don't understand how they can show them as late payments when I have not made any late payments? I am going to write to the Ombudsman, as I have not got anywhere with Capital One and I feel there was a lack of understanding and owenership from Capital One.
  12. Thanks Andy, I have read that but it doesn't answer my question - can you point me to the relevant part in case I've missed something?
  13. Hi all, I bought an ipad in 2012 which was "4G" ready. My Ipad has never worked outside the home and I've barely used it since. I have now learned that these were missold by Apple and they have asked me to contact the seller) to claim under Consumer Rights laws. When I bought the ipad, I also bought a cover. I used vouchers and credit card. The credit card amount is one pound under the cost of the case - I also bought the extended warranty in a separate transaction, on the credit card. The seller have told me they will provide a pro ratered refund. Do I have a section 75 claim with the credit card provider, on the basis that the ipad was on the same receipt as the case? Without the case, the ipad cost would have been covered by the vouchers, however I would have bought the case with vouchers anyway, leaving the same amount to have been paid on the credit card if I had bought the ipad seperately.
  14. Thanks Andy. I've invited my friend to take a look at this thread, in case there is anything else he wants to add.
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