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Everything posted by Kraken1

  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.
  14. If you drop to 140k you are not going to get an offer of 145k. You will get offers between 128k and 135k. But the poster above is correct, it is common for estate agents to give higher valuations than realistic as many sellers will simply go for the highest valuation. caveat - my comments are based on you being in England or Wales. Using the term 'guide price' gives me pause to think you are in Scotland, or are planning on selling at auction. If either of these are the case, please shout as it might mean I'm talking ****e.
  15. bit it is really really rare to get asking price. This is from a few years back, so the picture will be a little different now. http://blogs.thisismoney.co.uk/2011/05/asking-house-prices-vs-selling-prices-what-should-you-offer.html
  16. SOGA is the sale of goods act - it is a piece of consumer legislation that states that goods must be of a satisfactory standard. This includes being for for the purpose, free from manufacturing defects and reasonably durable. If you have evidence that the damage was caused by a manufacturing defect then the SOGA essentially states that you can claim the cost of repair from the business you bought it from or ask them to repair it.
  17. You don't want the trade descriptions act, that has largely been repealed, so don't quote this. You imply that the cooker was fitted by curry's and if this was the case you need the supply of goods and services act; goods must be of a reasonably satisfactory standard and installed with reasonable skill and care. As to time limits, whilst you have six years to bring a claim the remedy you are entitled to decreases over time, after the first few months you may not be able to swing a refund (if this is what you want). That said, you lose the right to a full refund after a reasonable time and what this will be will be different in each case. There is no statutory 'warranty' only the right to sue the supplier for a certain period of time. If you bought the cooker from currys, but someone else installed it then things become a tad more complex.
  18. Most people will use rightmove first - it is by far the most popular. I'd question an agent that is not listing there. If you are not getting any serious offers after these viewings then something is wrong. the asking price, the staging, the condition, the tour, or the estate agent is not properly vetting viewers and you are not getting serious buyers through the door. Also remember that just because the property that you want is up for 160k, doesn't mean you will need to pay that. Most folk (unless desperate or dim) will be knocking at least 10% or so off the asking price straight off, so an asking price of 160 means an initial offer of 150k max. Perhaps even 145k.
  19. but if your's is the last of a certain type to hit the market it might not make that. What are they doing to market it? Is is on rightmove? what are the photos like? Is there a floorplan? Floorplans are almost mandatory these days to get folk in the door. What is your deal with the estate agent? How long are you locked in?
  20. and again, 140k is a good and realistic offer. If it is up for 150k, and there are other similar places up locally (even if not identical) then you should be expecting offers of between 130k and perhaps 145k. Most buyers that see that a kitchen needs doing will automatically knock 10k off the asking price.
  21. Which could still jam you up. I think you are being quite brave. I also think you are a tad naive if you think that this sort of info could never come out of the council.
  22. I'd be brutally honest - this sort of thing can come out very easily and I wouldn't be worried about the council disclosing the complaint, I'd be worried about others. What if he starts up again, and the new owners complain? He then says something like 'ive been through all this with the previous owners and it was all ok...' And bosh, you are on the wrong end of a claim, and the council may then disclose the complaint... After all you are relying on the chap you complained about not wanting to shaft you... Also worth googling Howd v Console-Verma. No idea how it turned out but I suspect that it settled at a large cost.
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