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Kraken1

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Kraken1 last won the day on August 28 2010

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  1. we need more info on the actual agreement and what he claimed to do before advising properly. Was this some sort of full and final settlement agreement? Did you have a lump sum, or were you saving with the company? Is he licensed with the OFT/FCA?
  2. Not sure I agree with the insurance argument above. Can't see a legal reason and never saw anything approaching that argument in my time in retail. Why won't they sell it? It doesn't make commercial sense, unless you are willing to pay quite a lot more than the normal ticket price. If more stuff is coming the display stuff has advertising value, they need to put someone on to build it, and most folk want a discount for buying the display item, so it means selling display stuff costs them time and money to build it, then they make a further loss on selling it. And no, you have no right to buy anything in a shop.
  3. I don't want to throw a damp flannel on anything, but having read so far it's not clear to me that you have a bullet proof claim. It may just be that without a diagram I can't really see the two sides or what exactly happened. How tall were the hedges before they were scalped? Are they on a boundary? Did he come on to your property to attack them? Also, before suing consider that this is your neighbour and that any disputes like this can have wide ranging consequences. For example, if you needed to sell your home for some reason you will need to disclose it. If you don't intend to sell in the foreseeable future, you still need to live next door. Ask whether you are willing to risk creating an extremely unpleasant home environment.
  4. ok, so it is reg 15 of the following: http://www.legislation.gov.uk/uksi/2002/3045/pdfs/uksi_20023045_en.pdf Not sure whether this means that the guarantee survives a sale of the goods though. It may do, but the reg isn't entirely clear on this point. You may need to do a bit of further research. As it says 'otherwise supplied' I'm leaning towards the suggestion that a guarantee does survive a subsequent sale.
  5. I vaguely remember something about manufacturers' guarantees circumventing privity of contract rules to make them enforceable in contract against the manufacturer. Will need to google to seem if my recollections are correct...
  6. reject it in writing as not being of satisfactory quality, then sue. It's fairly rubbish. Don't bother with the calls or visits, get it in writing.
  7. shipping law is very complex. I don't think folk here are qualified to advise. Seek professional advice.
  8. In that case, based on the purchase price and the age (not usage) the £30 isn't too bad.
  9. I think some dodgy outfits do set out to rip folk off, but this isn't widespread. Trading Standards will go for these people but they need lots of complaints in order to do so. the sad fact is that they can't prosecute everyone - they don't have the resources. Until that is addressed some folk will get away with it. In the interim they will prioritise and go for the businesses that cause the greatest harm or where they get the greatest numbers of complaints. So, complain, and something could happen. Keep silent and nothing will.
  10. If all this has cost you is inconvenience and irritation then your only recourse is to complain to trading standards. And name and shame and don't shop there again. As to whether a contract exists this can be quite technical and troublesome - what they say is only one small bit of the picture - it is what they do that counts. Usually you will need them to take the money off you and acknowledge the contract in some way. Going down this route is a bit of a lottery.
  11. personally, I think professional advice could be beneficial and may save you quite a bit.
  12. pretty much no to all of the above. That said, there may be other causes of action open to you in tort or contract depending on the circumstances. What is the problem?
  13. Cancelling can be troublesome and you can find yourself paying commission to two agents if you are not very careful. At the very least ask - in writing - for a list of all the buyers they have introduced to your property. If any of these end up buying your place - even through another agent - then you could be on the hook for commission.
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