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gyzmo

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Everything posted by gyzmo

  1. And competitions are contracts. Try reading "terms and conditions". And read up on contract law. And stop talking out of your rear.
  2. Might be why it comes under "supply" legislation and not "sale". It's a technicality but an important one because if you used it in a court the response would be "there is no sale". And I'm not arguing with you further.
  3. I'm 34. As regards to my "creature" remark, when you have had a total of about 7 hours sleep in 3 days, and cannot get to sleep in the daytime because of a constantly screaming child that you can hear loud and clear and it isn't even yours, then you generally are not given to being nice about things.
  4. I'm sorry, it was not meant to be that way, but I will not let incorrect information go by. If this company is refusing to follow statutory requirements, then it should be reported so that TS can investigate if felt necessary, as they may be doing it to other people.
  5. No SoGA rights here as not a sale. Best that can be hoped for is a breach of contract.
  6. It's only happened to me when using those stupid depositing machines in the Halifax (I have since learned that it is due to the account being in collections). I have once had the card returned, along with receipt but no money! Had a mobile to hand so called up and was advised that the money was automatically credited back anyway. Now that is scary.
  7. Another lovely few days in the land of Gyzmo. Friday Night / Sat morning - next door's windows smashed in at 3 am. Dunno who or why, but it woke me up. Saturday night - Music. from 11 pm til 2 am so not that bad really. Until it started again at 430. Sunday Night. Loud music again. This soon turned into the usual fights so police called out. Another 4 hours of lost sleep. Last night. Music again started at about 11 pm. On and off until about 2 am and then it was constant until 530. Tried to get asleep afterwards but then we have a power cut. for some unknown reason, about 6 burglar alarms are currently going off, and of course the Creature (baby downstairs) has started off along with all the motherly whoops. The HA have been informed and the nighbours are getting a ..... warning. Great. Been 28 hours since I last had any sleep and over 4 days since I was able to sleep more than three hours at a time. Does anyone know if I am able to sue the HA for stress or anything? Would at least get me a car for my job.....
  8. They should not decline on that basis, unless there is good evidence that you were in fact not liable. However, you really should have let the insurers deal with all of this as that is what you are paying them to do. Your neighbour would need to argue that the repairs were urgent and necessary to minimise loss. Your own insurer may also offer to deal directly with your neighbour. And in future, never pay a workman upfront.
  9. Newspapers love this kind of story. Private Eye, a few years ago ran similar stories against newspaper competitions. One was supposed to be a brand new camper van. It was in fact a piece of junk. Just make sure that whichever paper you report it to is not linked with the company running the competition.
  10. They also use information from applicants to contact former employers to get the enrolled. Agencies are a pain in the a**e. BBC Scotland (Think it was radio) done an expose on them (they contacted me for my own experiences). The findings are available on the Monster forum boards and make interesting reading.
  11. No, just that most posties are with the CWU. In that case ask your manager or try the link I posted above which is a forum specifically for posties.
  12. It's not a matter of consumer law, it's one of contract. You have a contract with Makro, not with the manufacturer. I think a letter to their head office is in order, as well as reporting this to Consumer Direct.
  13. Just to correct about the timescales above, the insurer will have 5 days to acknowledge your complaint and 8 weeks to respond. They must write to you to advise if they need more time. You must wait for their final response before you can go to the FOS unless they miss the deadlines.
  14. Sold as seen is meaningless in most cases. It can only be used for some visual aspect i.e, something that you can easily see. In fact, a business having a sign saying "sold as seen" can commit an offence. Ideally you should have provided a written description of the vehicle, have the buyer sign two copies and keep one each. As it is a private sale, the only comeback the buyer has is a misdescription or if the vehicle is unroadworthy. The former is difficult to prove as it is their word against yours.
  15. Just to the OP. This seems to be a common problem with many mail order catalogues. A friend of mine worked for one and they refused to reimburse postage on the basis that it is a service. When the DSRs came into effect, a few businesses tried it on by making the contract to be one of service (delivering goods), thereby wrangling out of the cancellation provisions. The OFT soon made it clear that it was not acceptable to do this. And there is no contracting out of the provisions. Any term taht purports to do so is ineffective.
  16. And just to add, from the Regs themselves: (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5). Para 5 explains the provisions for cost of return. Please now cease any debate as to whether the cost of initial postage is covered or not. It is covered.
  17. Just on liability, you would not be liable if the TP opened the door in your path without giving you time to avoid. In any other case, you would be liable to some extent if not completely.
  18. It's really a case of when the claim is finally settled, ask the insurer for the total cost. Then comes the difficult bit. You have to balance the cost of the claim against the cost of losing NCD and the difference between the higher premiums over the next couple of years as a result. Unfortunately, premiums are only calculated a month or so in advance, so the insurer would not be able to tell you. You could, as a rough guestimate, calculate your current premium and increase it by the appropriate amount, and do the same or next year. Not very scientific or accurate, but the best that can be done really. A warning though. Claim costs can be prohibitively expensive for people to do this, so don't automatically assume that you will be able to pay the insurer.
  19. I thought I posted earlier, evidently not. I was going to say that you could use the contra preferentum rule, which means that where wording is ambiguous, the meaning that favours the policyholder is used. I cannot see how they can rely literally on the term "owned by you", as exampled by Pat. I think what is meant is a vehicle insured on the policy. In fact, have a look at your policy documentation under definitions (if they bothered to actually provide some). "you", "your" should be defined be defined. See if "your car" is also defined and let us know.
  20. You can do either, but I would suggest the best course of action is to let the insurer deal with it and you reimburse them. I never recommend settling privately - it leaves you open to all manner of problems. You can't really "withdraw" the claim, as you are liable and so are your insurers. You can of course not claim for damages to your own vehicle, but the TP will be entitled to claim off your insurer irrespective of your wishes where there is liability on your part.
  21. A friend of mine is a statutory tenenat. His landlord recently died and the house which my friend still lives in has been put up for auction. Does anyone know what rights, if any, my friend has? He's really worried that he's going to be homeless. He's had loads of people coming to the door asking to look round and it's really getting him down. He's now not answering the door. Any help or information gratefully appreciated.
  22. Also report this to Consumer Direct or Trading Standards. Sales of this type (to "vulnerable" consumers) or a hotty wih them, and rightly so.
  23. Right, I'll put it this way. Does anyone know of a lender who will loan money at a reasonable(ish) rate on the basis that I am now unemployed but will not be in a months time as I have a job offer? Is that simple enough?
  24. I dont have £40, never mind £400. And again, I also need to pay for insurance and money to tide me through until I get my first pay. And I do not know anyone who is in the position to lend me any money.
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