seller need not repair or replace the goods where this would be impossible or disproportionate to do so.

YOUR VEHICLE HAS NOT HAD ENGINE FAILURE ETC

ONLY MINOR ISSUES

1. S.48B (1) Repair or replacement

S.48B provides that the buyer can require the seller to repair or replace the goods at the sellers expense. The seller is required to do so within a reasonable time. If the buyer makes this request they lose the right to reject the goods unless the seller does not comply within a reasonable time. The seller need not repair or replace the goods where this would be impossible or disproportionate to do so.

2. S48C(1) Reduction of price

The seller may be required to reduce the purchase price under s.48 C (1) where the seller has not complied with a request from the buyer to repair or replace because it would be disproportionate to do so. This is a secondary remedy and can not be requested without the buyer first making a request for repair or replacement which has not been fulfilled.

3. S. 48C (2) Rescission of the contract

This is another secondary remedy available only where a request for repair or replace has not been complied with. Rescission is putting the parties back in their pre –contractual position ie the buyer gives back the goods and the seller gives back the purchase price. However, the seller can deduct from the purchase price any value for the use the buyer may have had of the goods

A contract is a two way agreement

Negotiate the terms in the contract

If you don't like them, they can get someone else

I have had these people call me a few times

They say they are from Microsoft and your computer is infected,

Simple reply is "which one" i have three computers

Completely throws them off the script

I think the best thing is you draft a letter listing the main points

we can then amend to fit

this is important as you know what the issues are

Have you made any official complaint to the firm of solicitors for a final response

you will need it to progress this

Do you think the employment solicitors are neglient, they

 

 

1. failed to get my medical records before the pre hearing
   
2. did not advise me one day
   
3. they did not tell me could have done an et claim when employed or
   
4. soon after each incidents occured had to be the three months minus a day
   

This is basic employment law

You do not let a cause of action time out, you submit the claim, even if still employed

THIS IS BAD

i DO HOPE THESE WERE NOT THE LEGAL SERVICES OF A TRADE UNION

If you engaged solicitors and they were negligent in the time scales, your claim will be against the firm of solicitors

no

they both go to Cohen in the same envelope by recorded delivery

DO NOT TOUCH ANY DEFENCE UNTIL WE GET A RESPONSE FROM COHEN

JUST ACKNOWLEDGE THE CLAIM STATING DEFENDING ALL, USE THE PASSWORD ON THE CLAIM FORM

Its what your contract states

Not working your notice is fine by agreement, they pay you four weeks PILON

Pay in Lieu of Notice to end the contract

Do you have a copy of your contract??

You need to be doing either one or the other

If you have missed the three months less one day deadline for an ET claim, then your only option will be a civil claim

Any claim in the civil court will be for a quantifiable loss for breach of contract as wrongful dismissal comes under law of contract.

MAY I ASK WHY "WRONGFUL DISMISSAL"

yes

The BOS does not give them any right under common law to enter your property and remover articles without a return of goods order by the court

Even a certificated bailiff cant do that if the garage is not detached from the house, i believe even if the garage is separate, if kept locked, they cant break inn, but that part needs to be confirmed

A vehicle on the public highway is a different matter

Dear Sir,

Re: WELCOME FINANCIAL SERVICE LTD v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1: the agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2: Statement of account showing how the amount being claimed has accrued

3: A copy of the default notice served under s.87(1) of the consumer credit act 1974 (as amended)

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

SECOND LETTER TO SEND COHEN AT THE SAME TIME

To: WELCOME FINANCIAL SERVICES LTD (claimant)

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

YOU NEED TO FILL INN CLAIM NUMBER, COURT, EDIT BITS OUT IF NEEDED ETC.

SEND DIRECT TO COHEN BY RECORDABLE MAIL

go online and acknowledge the claim with the password given, do this now

Give me an hour

The only thing in all this will probably be the cost element

All the other internet providers will be providing the service bargain basement in any contract between BT and the service provider. As always, its the end consumer that suffers on the after care as soon as the contract is signed

Just my own opinion that statement

True, but why cant these other providers provide a service that they advertise, without the exaggeration of their potential

BT stated 71m, and that's what i received, and stable

Totally agree on that statement

If they do break in then it will be unlawful recession of contract

ALL AGREEMENTS AND BOS WILL BE VOID

ALL PAYMENTS MADE RETURNED AND YOU WILL ALSO RECEIVE THE CAR BACK FOR FREE

May i ask how the creditor can consider the agreement repudiated when 87(1) gives 14 days to rectify the breach.

Repudiation will occur after the 14 days has expired without rectifying the breach if the creditor decides to enforce

The question being debated is can the creditor claim all sums under the agreement on termination, or just the 50 % mark as to the case law already quoted

Yeoman Credit, Ltd. v. Waragowski

This is no longer applicable in regulated agreements which allowed creditors to claim all sums due under the agreement

As promised, BT came today as to the appointment and set up BT option 2 infinity

i am currently getting 71m download speed :madgrin:

So i ask the question, if BT can do this just by changing a few wires in the junction box, why have i had all these reliability problems with SKY??

At the end of the day, i will put up with BT lousy customer service just to have a stable internet connection

First time i have been happy in the last six months

Is welcome the claimant or a debt collection agency, welcome hardly ever litigate themselves

Unusual for Cohen

I though Hagarty was litigating these old welcome claims

Is welcome the claimant or a debt collection agency, welcome hardly ever litigate themselves

That is down to you my friend, keep it locked in a garage would be my advice