Hi Bought this phone in March amongst other reasons because it claimed to be waterproof. II IS NOT. Despite Z3 webpage showing happy smiling people taking videos & photos underwater it is not waterproof as I learnt to my cost in Vietnam. Now I took it back to CW & they told me that as its over 28 days they could not swap it but will send to Sony which will take upto 14 days. The time limit is up next week & I know Sony will claim T&Cs that it is some how my fault. I did drop it into a sink for 10 seconds & it the wifi & calls no longer work . Photos & music are great but.. So I bought it for £475 Half was on a visa credit card. But question is this as CW give a 2 year guarantee is it them or Sony that I will be having a fight with? What about Consumer Credit Act fit for purpose etc. Interestingly Sony's new flagship model Z4 COMING OUT is no longer advertised as waterproof. Funny that.

In response the situation has changed as court papers have been issued. The answer to the questions are this 1 We presume you paid rent until August 2014. Is that correct? Yes 2 What was your original rent? What was the new rent proposed, albeit at only 5 days notice, by your new landlord? £850 to £901 3 Have you paid any rent since August 2014? if so, was this at the old rate as agreed in your original agreement with your original landlord? NO 3 If the answer to the second part of question 2 is "no", how much rent have you paid since August 2014? None As stated many times before, the court can rely on your original agreement with your old landlord, provided that your new landlord has informed you that he has taken over the property and that there is an address at which you can contact your new landlord. I was made aware that there was a new landlord but does anyone know specific contract law & examples that states a contract between 2 parties can be transferred over to a 3rd party without an agreement? If this is allowed where does it state this? There has been an ongoing dispute with one of their tenants & state of the place which has never been resolved; but they have seen fit to serve papers without dealing with this. Against their own policy guide and their association- UKALA. The property 's gas certificate was late 2 months last year and 3 weeks so far this year + rising damp in the bedroom. Anyone know protocol housing disrepair. So these issues have been raised & there answer is to go to court. What I wanted to know was that if I write to the court beforehand can I get the adjournment -thx LeaHTH so that I have more time to prepare for the case rather than 4 weeks. Also in their evidence they state a solicitor's letter was sent beginning of December but of course it had the wrong address but the post office have a signature to say I signed for it ?! Which I didn't.

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one. However as I have withheld my rent until this matter was resolved they have decided to go to court. Basic info 1 year AST signed Aug 2013 with old landlord for 1 year. February 2014 property sold to investment company who refused a new contract but kept the old 1 in place. Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord. Dec 2014 N5 form received from county court. Court date Jan 2015. However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name. Secondly they are relying in their defence on 2013 AST which clearly states old LL. Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91. How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

Thanks in response 1) We were informed of new landlord details but never received a new contract. Still wanting to know the law re transfer of contract. eg the current tenancy agreement that we are all bound to is with the old landlord just because the title of the property has been sold on we have nothing with the new LL. 2) Just before the AST became a SPT did we get 4 days notice of rent increase. In affect we were told sign or leave no 30 days notice , but yes we all agreed to rent increase. Whilst accepting the new amount where do we stand vis a vis 30 days notice not given. ie if 30 days notice is not given is the only penalty that the rent increase starts the following month? 3) When the SPT came into affect no new terms were served by LL or DPS. Therefore I agree if the change in contract status requires new documentation then a S21 would be invalid which is the case.

Thanks for reply. Re Council have already marshaled the troops. Spanner in works have written to councillors a s well . Insisting on a full planning hearing as the Unitary Develop. Plan states x amount of dwellings need + 10% of parking ; which is not the case. Re the contract though We do not have a contract with the new landlord he left the old one in place . Yes we were made aware of the change of ownership etc ; even got the new deposit details from DPS. Unless there is something in law re transfer of contract I don't see how they could go to court without signed contracts unless he then claims we are all now squatters! The memo of renewal THEY insisted was not a contract , but only an addendum to the old contract asking for a 9% rental increase. I do agree that whatever the situ the contract is a SPT & therefore 2 months notice is required . Missed Nov 5th lets see about Dec 5th.

OK PI- payment increase?This was at 4 days notice & told sign or receive a month's notice to quit. Back in Feb was advise on new LL. Deposit was reassigned but still showing not protected originally for 40 days. Surely if they bothered to change this why not have a new cover sheet to the old AST with new details ? Not told by LL but informed by council letter of complete refurb which requires vacant property. This is a multi national co. whose MO is to turn old properties around & hike up rents by 50%. They have only now admitted to wanting to refurb asap. Asking us after many years here to pay rent up to the time they get planning permission. OK so it's their property however when; not if S21 is given; will this be valid if there is no signed contract with new LL. The memo of renewal was signed by both parties but relates ( according to LL) to the existing contract which was with old LL. Surely the memo is not a contract? We are all now on SPT . And does this mean that a new deposit should have been assigned with DPS. DPS claim that it is not neccesary but surely recent Superstrike case states differently when AST becomes SPT.

February 2014 Old landlord sold the block I live in & new LL via a new letting agent informed us that the current AST would be honored & that the deposit would also reflect the changes. Aug 2014 end of AST the new LL asked us to sign a memo of renewal for additional 6 months whilst increasing the rent. LL stated this is not a new contract & that it was only to notify us of the increase. Note 30 days notice was not given. We believe this is now a Statutory Periodic. The council has informed us that planning to refurbish has been received and that we would all need to leave once permission has been granted; anytime around Xmas. I have looked at the deposit with DPS & though it has new LL details it has never been reissued either because of the change of ownership or change of contract . AST to SP etc. Also it states that it was not protected for 40 days even though it was through old LL. Therefore we are awaiting S21 ( not everyone had deposit protected after 30 days). My question would be this because of the negligence of new LL/LA if no one has a contract with new LL is S21 valid? Surely a contract would have to be submitted as evidence in court & as no one has a signed contract with new LL what could that mean ?. Also if deposit through negligence of previous LL but assigned to new LL is 40 days old would that make a S21 invalid? via LA they stated they'd honor the deposit. SUPERSTRIKE LTD when AST becomes SP. Are the other tenants deposits not valid They are with DPS. Finally if it is SP & everyone's rental period starts 5th of the month does that mean 2 months must be given by the 4th of that month; or carry over to next month.Thanks

Does anyone know some legalize with regards to a memorandum of renewal for an AST. My anniversary is up and the new LL wants to increase by 6% & the period is for a further 6 months. Not a problem. Does this mean I have a " new" 6 month contract or is this just a rolling periodic contract where I can still be given 1 month's notice, instead of 2. Other tenants in my block have been told that if they don't accept the increase & sign ; then a month's notice will be issued. For the record only 1 week's notice of the increase/memo was given. Secondly the new LL bought the property 6 months ago but kept us in situ with the old LL contract. Can they now extend a contract with us that clearly has the old LL details. We presume that when they bought the block they didn't want to issue a new contract for whatever reason but none of us have a signed agreement with the new LL. Also the memo states this is a 6 month extension based on the contract signed last year in August 2013 between themselves ( herein called the LL) & ourselves( the tenant). How can they claim to be the LL for a contract signed before they even bought the property? Finally some of us have looked at our contracts & deposits & have discovered the old LL secured our deposits 40 days after we moved in; this has now been updated to show the new LL details but only since Feb 2014 when the property was sold/bought. Are they now liable even though original deposits were dealt with by someone else.

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I received a reply from the other insurance.Please find our clients statement and sketch below. We can confirm we hold you fully liable for performing a manoeuvre by overtaking a line of stationary traffic when unsafe to do so. We can confirm we will not be making a claim against your insurance as our client is not comprehensively covered under their policy. We would request in future please liaise with ourselves rather than our client directly. We look forward to your comments regarding this and a statement and sketch by return. Well our client is not comprehensively covered What can this mean even if 3rd party & I'm at fault there is a claim. Still will not provide keeper details. Legal requirement?[ATTACH=CONFIG]46544[/ATTACH][ATTACH=CONFIG]46545[/ATTACH][ATTACH=CONFIG]46546[/ATTACH][ATTACH=CONFIG]46547[/ATTACH] Anyway this is their drivers statement. Interesting how the diagram shows the road very narrow before KCB. This is strange as this was not an accident anywhere in the country ; he works there, everyday. Slightly disingenuous . [ATTACH=CONFIG]46542[/ATTACH]The road shows 2 lanes after KCB. However before as indicated by photos there 2 lanes of traffic which everyone uses to filter left or right. I also found this 22.24 The KEEP CLEAR marking is legally enforceable only when used in conjunction with an upright sign to diagram 642.2A and backed by a traffic regulation order. However, without regular enforcement action, the mandatory version is unlikely to be any better respected than the advisory marking. 22.25 When the mandatory marking is used on a road where waiting restrictions apply, the yellow lines to diagram 1017 or 1018.1 are needed only if a restriction on the same length of road applies at times other than those covered by the stopping prohibition. If the KEEP CLEAR marking is advisory, yellow lines will always be needed if a waiting restriction is in force. The lines will be positioned 136 WORDED AND DIAGRAMMATIC MARKINGS between the KEEP CLEAR marking and the kerb. Similar rules apply to the use of “no loading” marks on the kerbs. In a controlled parking zone, yellow lines will always be required whether or not the KEEP CLEAR marking is mandatory. To answer Darrfyddi it's 4a 4a.) before the KCB and the 3rd party steared right, into your front bumper/bonnet? Does anyone know if its illegal to filter right/left on the road without clear markings. Though I see it all the time. Anywhere in the Road Traffic Act etc

I received a reply from the other insurance.Please find our clients statement and sketch below. We can confirm we hold you fully liable for performing a manoeuvre by overtaking a line of stationary traffic when unsafe to do so. We can confirm we will not be making a claim against your insurance as our client is not comprehensively covered under their policy. We would request in future please liaise with ourselves rather than our client directly. We look forward to your comments regarding this and a statement and sketch by return. Well our client is not comprehensively covered What can this mean even if 3rd party & I'm at fault there is a claim. Still will not provide keeper details. Legal requirement?[ATTACH=CONFIG]46544[/ATTACH][ATTACH=CONFIG]46545[/ATTACH][ATTACH=CONFIG]46546[/ATTACH][ATTACH=CONFIG]46547[/ATTACH] Anyway this is their drivers statement. Interesting how the diagram shows the road very narrow before KCB. This is strange as this was not an accident anywhere in the country ; he works there, everyday. Slightly disingenuous . [ATTACH=CONFIG]46542[/ATTACH]The road shows 2 lanes after KCB. However before as indicated by photos there 2 lanes of traffic which everyone uses to filter left or right. I also found this 22.24 The KEEP CLEAR marking is legally enforceable only when used in conjunction with an upright sign to diagram 642.2A and backed by a traffic regulation order. However, without regular enforcement action, the mandatory version is unlikely to be any better respected than the advisory marking. 22.25 When the mandatory marking is used on a road where waiting restrictions apply, the yellow lines to diagram 1017 or 1018.1 are needed only if a restriction on the same length of road applies at times other than those covered by the stopping prohibition. If the KEEP CLEAR marking is advisory, yellow lines will always be needed if a waiting restriction is in force. The lines will be positioned 136 WORDED AND DIAGRAMMATIC MARKINGS between the KEEP CLEAR marking and the kerb. Similar rules apply to the use of “no loading” marks on the kerbs. In a controlled parking zone, yellow lines will always be required whether or not the KEEP CLEAR marking is mandatory. To answer Darrfyddi it's 4a 4a.) before the KCB and the 3rd party steared right, into your front bumper/bonnet? Does anyone know if its illegal to filter right/left on the road without clear markings. Though I see it all the time. Anywhere in the Road Traffic Act etc

Further to this . I am now been given the run around by Zurich. They state the other party is disputing this & 3 weeks ago requested a diagram. As I pointed out if they haven't sent back the request may well indicate their true position. However they claim not to be able to do anything until they receive this. So I posed the question what if they do not receive this. No answer. Another point is that whilst I am fully comp; my excess is £450 I am not in a position to pay/ don't want to; I have a feeling my insurance premium will go up and continue for next 5 years. Has anyone tried to put in a claim for additional future increase in payments when this is a no fault accident? Also any advice on how to expedite matters with Zurich. I have already suggested I am considering a Claims Management Company! original post below Any general advice please. I was involved in an accident whilst coming towards a Keep Clear Box. The road had filtered into 2 lanes and as I arrived at the KCB a 7.5 truck was on the inside lane. I noticed a vehicle suddenly pulling out from a Ford garage and the driver looking left then suddenly pulled out turning right and straight into my offside. He claims that I was in the KCB . He was potentially obscured by the truck but should have shown more caution . My point is I was not in the box and though he claimed I was this meant that I would have had to be hit then decide to reverse backwards with traffic behind me. What I would like to know is even if I was in the box moving forward or stationary am I at all culpable? Without the box he has pulled out of a side entrance and hit my car on the main road. The fact that 2 of his colleagues said they saw me in the KCB when they work in the garage 50 metres away makes little odds to me. Also the garage manager refused to give me the drivers details ; stating that " all my insurance company want to know is that he was a Ford technician". I have asked the Ford Dept to verify if a police report was filed within 24 hours as I did not receive the details. Any views thanks. Also just received a response from Ford Unfortunately I cannot comment on the circumstances as we do not yet have the completed accident report form for our driver. I can advise that the drivers name has been given as J>*** *******r. We are not obliged to give his personal address, as he was an employee driving in the course of his duties the business address is sufficient. All correspondence should be directed to the address below. As I understand it, the vehicle belongs to a customer and therefore once again I cannot give you their personal details. The insurance company is *******. However they will not be aware of the accident until we receive the form and forward it to them. Now I do not have the driver details but they are refusing to give owner details. No mention of police report also.

Further to this . I am now been given the run around by Zurich. They state the other party is disputing this & 3 weeks ago requested a diagram. As I pointed out if they haven't sent back the request may well indicate their true position. However they claim not to be able to do anything until they receive this. So I posed the question what if they do not receive this. No answer. Another point is that whilst I am fully comp; my excess is £450 I am not in a position to pay/ don't want to I have a feeling my insurance premium will go up and continue for next 5 years. Has anyonr tried to put in a claim for additional future increase in payments when this is a no fault accident? Also any advise on how to expedite matters with Zurich. I have already suggested I am considering a Claims Management Company!

Many thanks for the replies . I was not in the box and was stationary. He claims I moved out of the box but I just wanted to be clear that regardless of my position he hit my car and was at fault. Even though I am fully comp my excess is circa £400 and now I assume I have to get 3 ? quotes directly to their insurance company. 1 thing I don't want to happen is to have the Ford Garage do the repairs!

Any general advise please. I was involved in an accident whilst coming towards a Keep Clear Box. The road had filtered into 2 lanes and as I arrived at the KCB a 7.5 truck was on the inside lane. I noticed a vehicle suddenly pulling out from a Ford garage and the driver looking left then suddenly pulled out turning right and straight into my offside. He claims that I was in the KCB . He was potentially obscured by the truck but should have shown more caution . My point is I was not in the box and though he claimed I was this meant that I would have had to be hit then decide to reverse backwards with traffic behind me. What I would like to know is even if I was in the box moving forward or stationary am I at all culpable? Without the box he has pulled out of a side entrance and hit my car on the main road. The fact that 2 of his colleagues said they saw me in the KCB when they work in the garage 50 metres away makes little odds to me. Also the garage manager refused to give me the drivers details ; stating that " all my insurance company want to know is that he was a Ford technician". I have asked the Ford Admin Dept to verify if a police report was filed within 24 hours as I did not receive the details. Any views thanks. Also just received a response from Ford Unfortunately I cannot comment on the circumstances as we do not yet have the completed accident report form for our driver. I can advise that the drivers name has been given as J>*** *******r. We are not obliged to give his personal address, as he was an employee driving in the course of his duties the business address is sufficient. All correspondence should be directed to the address below. As I understand it, the vehicle belongs to a customer and therefore once again I cannot give you their personal details. The insurance company is *******. However they will not be aware of the accident until we receive the form and forward it to them. I will chase up the form today. Now I do not have the driver details but they are refusing to give owner details. No mention of police report also.