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  1. @mantis shrimp Apologies for the delay - really strange but I knew you replied as I got an email and notification but could not see the reply here until just now when I went to add a message to say exactly this! Unfortunately not - due to the age of A, a mortgage will not be possible. Ideally A wants to keep the property until the end so equity release is an option to explore however this could depend on Q2 above in that if B wants to take their share (without ever funding the mortgage /upkeep in the first place) the equity required would never work for equity release
  2. Hi all, Good to hear your thoughts on this although appreciate this is most likely going to go down a solicitor route The basics: House = Has an outstanding mortgage (circa 280k) Currently has two people on the deed and mortgage - Person B wants to get his name off the deed and mortgage. Current deal is due to expire in 7-8 months. This all happened because back way then, Person A could not get a re-mortgage on her own due to age (currently 1 year away from retirement) Person B therefore got added as he was living in the property at the time some 10 years ago. Since then, Person B has left the house and got his own but wants out from the deed and mortgage of the first one. Mortgage itself however has been interest-only. Questions: 1. Can Person B instruct to sell the house without Person A's permission? 2. Can Person B take any monies from the sale on the basis Person B has never paid a penny towards the mortgage or upkeep of the property. 3. Anything else to consider? Thanks in advance
  3. Slight update- clearly my tactics are working We have been now refunded for one - the missing one which now indeed seems lost according to Yodel. How you can lose a 6ft headboard is a mystery but anyway The other 2 are apparently being picked up tomorrow at which point a refund will be issued. Hopefully this will be the end of it but they've still yet to be picked up which will be a challenge in itself for Yodel i'm sure
  4. Hi all, We are in a messy situation with Very which is stressing us out. An order was made at the beginning of the month and extra was paid for Saturday delivery. We stayed in Sat, no delivery and suddenly an email from the dreaded Yodel that an attempt was made. We have CCTV and can confirm no delivery was attempted. The only re-arrange delivery date they then offer is the following Saturday. We had a chat with Very online (live chat) to explain and they did the usual apologising before saying it will be delivered the next working day...guess what? nothing. Chat after chat, it was decided the following Sat it will be delivered. And...nothing. By now, our guests had come and gone so it was too late for these items so we cancelled the order. This is where it gets messy. Very will not cancel/refund unless the items are rejected. Yodel will not deliver because they cannot find our address (they've delivered many times before) We've been going round in circles for the past 2 weeks. Had enough and contacted the credit card company who have now stated the claims process. I was also considering small claims as the total value is around £150 and where I used this as a threat (happy to take out this threat), things started to somewhat move. Mysteriously, two of the three items appeared to be shoved under our gates which meant the gates did not open for about 10 minutes as the sensors were blocked. Yodel state 2 were delivered with signature. We never signed it (both at work and again CCTV to show this) The third box? Who knows where it is but Very still will not cancel until the 2 boxes are now collected and the third is delivered with us rejecting it. So where do we stand? Will credit card company say 2 have been delivered they cannot help? I have no space in the house for 2 large boxes to be stored, can I leave them outside? I did not sign for them, as far as I am concerned I do not know what they are This has cost us a lot in time off work to get in-touch with Very ,Yodel - waiting for deliveries that do not show up and we're now going to be paying interest soon on the amount given we can't pay it off while we're waiting for it to be refunded (as we'll be in debit once the refund is issued) Very has been completely useless as have Yodel Thanks in advance!
  5. After a lot of emails to each other - the couple in question were ready to go down the court route as most things were looking positive for them rather than the photographer. They took some legal advice from a solicitor and worded the final letter accordingly. He did offer a small amount back to which we advised them to decline simply because of the puny amount and complete disregard of the reality of the situation - Eventually they were only a couple of steps away from finalising the small claims court forms and on mentioning this, they got a revised offer of refund which was much better. Obviously no amount of money gets back the pictures lost however it does put everything to rest with a small amount of cash being back in their pockets. Unfortunately the refund was worded as part of a letter from the photographer in question that there would be no name/shame of the company - although I'm sure others who have had issues with them and were not as "lucky" as this couple hopefully would name/shame.
  6. Hi all Hopefully in the correct area I bought a Dell venue pro 11 tablet PC back in Jan 2014. It had a 3 year next day business warranty on it. Where from? Beats me! I have several Dell devices and I know that one was not from Dell direct but I have no idea at all. Fast forward late 2015 and it stopped working - I repair phones/laptops so I know in theory the fault but being under warranty, it was not my place to investigate. Dell after numerous questions finally booked an engineer for the next business day warranty which is an on-site repair. They missed several dates in confusion with addresses and what not. Eventually after a months silence, I got an engineer out who deemed the motherboard as dead and replaced it along with the charging port. Result? still dead. I got ignored for a month after this and eventually it turned out the initial person handling the case was dismissed apparently. It got taken over by another who too vanished. It was only after a complaint on twitter did the case suddenly get interest. Fast forward to beginning of the month- now 5 months since the tablet last worked - Dell agreed with a replacement tablet + gave me the spec which was slightly higher as goodwill. I accepted this but had a delay of 5 working days trying to arrange collection/delivery. When I did get in-touch with an address, the response was that I took too long and it is no longer available due to my time coming back - this coming from a company that took 2-3 months just to acknowledge the issue. So now Dell are saying that because of this, a refund is the only option as the item was no longer available - but as it was not bought directly from Dell, I had to go to the retailer/reseller. Issue is I have no idea who that was. Heck they may not even exist - it was Jan 2014 after all! In actual fact, I might have even got it from Dell - it's just that they say I did not so I'm going on their word. So where do I stand now? Summary is: They had the chance to fix They failed to fix They offered replacement which was NOT time-dependent yet then got rid of some 5 days later and no longer have it as an option. Now they say only option is a refund from a reseller/retailer I have no knowledge about. We moved house last year and all the bulky items were thrown away - I think the dell box is still around in the shed but it's possibly it was for another tablet I have but that would about it. I also raised the fact that I have since spent almost £200 on spare chargers, keyboard battery pack, stylus, case - all defunct if I went for a refund though this would be fine if Dell gave it. I also have asked whether they can just create a credit voucher for the value I can then spend with Dell but this gets ignored. So is this a lost cause? thanks in advance Actually slight amendment- the most recent "customer relations" person asked if I could provide an update to address for collection/delivery on the 20th April and it was on the 22nd - 2 days later, I provided this not the 5 days I mentioned earlier.
  7. Once again, hit it on the head - I call myself an amateur photography and I was even to the point that during my honeymoon last month, I was backing up on the fly on a portable machine AND uploading to the cloud. I just did not want to lose those memories - and thats for a holiday that could be done again. A wedding...you just can't re-do that Contract bits are above - see what you think and once again, thanks for your response!
  8. Here are extracts of the contract I've left the name out for now and also taken out the top parts 1-19 which are more about the event such as making sure there are people to help, itineraries etc 20. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Photography will make every effort to secure a replacement able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. 21. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Photography cannot place an unconditional guarantee on the above. Photography will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Photography’s control. .. 22. PERFORMANCE: The performance of this contract on behalf of Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control. 23. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. 24. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.. .
  9. Thanks for your response. I will try and get the contract tonight/tomorrow and post it up on here. It was a pretty basic one from memory but was a while back ! To answer your questions: 1. Agreed but with the quantity + a number of changes in their lives (death + funeral, sister in law had a baby, honeymoon, house moves etc) they know they had time so left it to November when both were off. Sure they glimpsed at them but its very time consuming. I'm in the same boat - we got ours 2 months back and only just glanced at them! 2. I should have mentioned- this is an indian wedding and believe me, 5000 is nothing! My own one we are close to doubling it bearing in mind that while a traditional church wedding/vows last an hour end to end, a traditional indian wedding is around 5 hours not including all the games, lunch, etc 3. You hit it on the nail here. This is exactly what I raised that even an amateur backs up. 4. Another argument I raised that as a professional photographer for indian weddings, he should have been more than "qualified" to find he was missing a large part of the function. 5. Price actually is quite cheap :- ) Again its down to the duration and other bits around it. For instance, ours starts back at home so there is various travelling etc. Then the pre-wedding stuff, the main event, the afters, and I think in their case, the reception part which then would have been another 5-6 hours. I'll try and post the contract shortly which should shed some light all being well
  10. Hi all, This is on behalf of a friend who got married just over a year ago and has had really bad experience from her photographer. The photographer himself / company was a recommendation and all the usual steps were taken in vetting him and his team, seeing is work, talking to a few others etc before the contracts were signed. On the day, he was really unprofessional demanding extra money or his departure nearing the end due to the wedding getting a little delayed - not something a bride wants to hear on the her big day. In contrast, my own wedding with another photographer stayed almost 5 hours after the event for free! It was later found out he was also very loud and shouting to guests in trying to get photographs etc. Fast forward to last Jan, the bride received her first draft of pictures. According to the contract, she had a year to vet them and so in November 2015, they were vetted only to find a huge section of the event was missing. This included all the lunch/dinner photos but more importantly, all the group shots with the bride and groom (50+ images minimum here). What was more distressing is her father in law had passed away soon after the wedding and these images would have been the last ones to have been captured. Despite it being within a year, the photographer tried to use this as an excuse that he no longer has the originals and would not be able to get them back - Something just not done by a good photographer - most keep all their photos as part of their portfolio! He then offered a £100 refund out of "goodwill" His actual response was as follows: I have managed to locate the master back up images in finalised JPG format and I have reviewed and taken on board your comments in respect of the missing group shots. Having looked through everything I hold, I have come to the realisation that there are approx 50-60 group images missing. Unfortunately I am unsure why/when or how these are missing, whether they have been deleted after the completion or when original transferring the images from my camera onto desktop. "Due to the above and complying with my terms of contract, I can agree that I am happy to compensate you the pro-rata fee for the missing images as you have requested. In accordance to the fees paid, the pro-rated compensation is £42.63 however I am happy to round this up to £100.00 as a gesture of goodwill. Breakdown of the £42.65 is £4450.00 fees paid for 5219 pictures handed over x 50 missing images = £42.63" A letter was sent back demanding an explanation on 1. how so many images were "lost" 2. As a professional photographer, surely he would have noticed in the 6 months+ of vetting/sorting, that such as major part of the wedding was missed out? 3. Apparently "some" images mysteriously re-appeared during the back and forth of emails and messages - how? With a concluding line that a part so called goodwill gesture refund is not enough if anything - it does not reflect his integrity at all. His response was simply: We were surprised by the complaint raised considering the images were provided to you approximately 10 months ago and to date you had given no indication of your dissatisfaction. As a result of our services over 5000 images were provided to you which covered the entire occasion. We have looked into and considered your various points raised and I must advise our original offer of £100.00 in respect of the missing images remains. For the reasons set out above we feel that we have performed our contract with you in the terms set out therein and we therefore consider this matter finalised. To enable us to make payment to you please arrange for supporting bank account to be forwarded so that we can arrange an immediate bank transfer to you. So where do they stand? I think they've accepted the photos and memories are lost forever and it was never about the money itself. But now that he has accepted that the photos are lost - why should they not go for a higher amount? Or are they contractually bound by the amount stated? I see two parts - the service was not delivered as per what was discussed and signed off despite the clause that missing images would = x * £x.xx Thanks in advance!
  11. Another and final update This is now once again resolved. The test drive went ok and there were no audible issues (or other) The drive itself was not the longest and again around the 2-3 mile but it was enough for the car to warm up. It's only done 5000 miles so that was an upside too though being a cold morning, the lack of heated seats did make all the difference in comfort! We did the paperwork once again and I walked out with a potential date of 20th Feb for pick-up as I was on my honeymoon. It did get a little messy on the day of pick up as I had suddenly 3 cars to juggle with - by this I mean, the original car had to become factory standard but the original wheels were in my shed. I then had 2 journeys each way to get them dropped off and another 2 each way to take the new car wheels home. Thankfully the service guys swapped the new wheels from the old car onto the new car. They also claim to have lost the spare key in Germany and so this way on its way as a replacement and I now need to go back in to get it programmed at a cost of around 2 hours of my time. The service plans from the old car was reapplied to the new and the wheel insurance I took out was also transferred so all ticks there too. Finally, yet another service guy was leaving on that day but he along with the main guy keeping in-touch with me regarding to the old car was fantastic in getting the wheels sorted and arranging a lift to get the loan car from my house back to theirs as I could not drive both cars at the same time. The sales guy... not sure if I was a little biased but I felt the transaction was being done because he was forced too and did not feel at all like a "happy sale". The first time, we were so excited but this time round, it was more like a chore which is a real shame but hey ho. Finally, just to show a final sign of shoddyness - despite the car being with them for almost 2 weeks before pickup, on final drive off, the handle for the seat to lift/drop the base was loose on the floor. Heard a rattle the second I sat into the seat and realised only when I went to adjust it that I got a "pin" in my hand instead of a handle and obviously with that, a hand covered in grease. So much for their multipoint checklist! Now I just need to find a way to get heated seats back in ! Thanks once again for all your help - I know it's been a bit of a novel in terms of reading and keeping up but your patience has been appreciated!
  12. Just an update - My "research" paid off somewhat I found a car that was almost like for like. It's missing heated seats but had everything else + had 2 extra packs. I have since found out I can retrofit the heated seats for under £1200 which will be less once I can hunt around for the bits so we agreed over email on this car. It was being sent down from up north and have found out it arrived this morning due to go into the workshop for its pre-delivery inspection on Monday. This will be ready on Wednesday at which point I will be going in to get the finance and what not sorted. Assuming the finance goes through, I'll be driving home the new car on Thursday. Hopefully the fact I already have one car on finance will not matter given that it will be cancelled. I also confirmed I am not trading in and the salesman has confirmed in return that the old car is being returned as a full exchange including the money I've already put in over the last few months - essentially, rejecting the car. The new one has cost me £2000 more but given it's higher spec, not to mention it has only done a handful of mileage and is a 65 plate, it's worth the 2k + an additional £8 a month extra which is fine. So it's all down to the test drive on Wednesday to make sure all is ok + finance goes through. I still have their loan car albeit now sitting in the garage because I'm currently in the Maldives on my Honeymoon (having a rest from getting burnt!) We have also spoken about the old car to get it back to standard - Only issue is that it is no longer insured by me as this ran out a few weeks ago and also while they're perfectly happy me taking it home to get the original wheels back on, I also remember from this forum that if you reject the car, you're essentially saying it's not fit to be drivable whether thats mechanical or otherwise so to drive it even just for a few mins negates that reject. As a result, I am going to arrange transportation of the original wheels to the dealership (only 1.5 miles away), service team are happy to replace the new wheels for original and then bring me my new ones back to take home and fit on the new car. Once that is done, I'll remove the dash cam and other bits all in their own service carpark. That is where things are at the moment - all being well, the two bits are ok and Thursday I can re-resolve this thread albeit £2000 lighter in the wallet
  13. All written up but could not go today as I got sent into Central London - What an interesting drive in a manual in London! It turned out both salesman and his manager were off today anyway I did however get this from the manager: "We will find a replacement car as per the 30 day exchange. " What is good here is that there is acceptance on this which to date has been lacking. I spent a long time last night before updating this thread on finding all in-group and out of group suitable replacements especially with the extra I put aside. I checked every single one in detail to the point of zooming into pictures looking out for the specifics as Audi do sometimes forget to put the spec up correctly. This list was sent to the salesman so lets see what he says tomorrow once hes in. In the meantime, I have my letter ready, signed and sealed to hand in though I'm more than happy if they can sort out a replacement from one of the ones I've sent them -
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