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Everything posted by alistair.long

  1. Its good to see you are going to the estate agent. If the landlord is saving costs you need to let the agent know. There are cases I have sat in were the landlord has not fixed a house and the tenant has then refused to pay the rent, this was accepted in a few cases as the repairs were needed, e.g boiler, central heating lights. There has been 1 case I have seen were the tenant has got a estimate and then refused to pay the rent, and got the work done with the builder. I donot want you to do this as I was suprised to see the person get paid. I rent myself and I have had problems, I called a builder to have a look and then another. I got 2 guotes and sometimes 3 and then got the landlord to repair it or I pay and then payless with the consent of the landlord. e.g. broken window, washing machine(ordered a new 1 from the shop with warranty), garden door (got 2 low estimates and then fixed it myself with a secondhand reinforced door). I do know some landlords are stingy but you do need to let them know that they need to do the repairs. If he is not doing the job properly then you need to let the agent know and ask for a discount in rent if its causing you problems. The simple reason for a discount is that it is not as described.
  2. If you havent done so already you need to let tesco know which solicitor is dealing with it for you so that they can forward any docs.
  3. If this problem has not been sorted contact the Financial Services Authority, Or the Ombudsman. They can't make it 0 if you miss a payment as you havent made a claim. You need to call that company and get the no claims bonus for the year before (missing a payment means you cannot get a full year) and if they cannot do that then you need to make a complaint.
  4. As its a CAT B then you cannot drive the car as it must be bent. £1200 is what they will pay you. and they usually give you the car back. if £1200 is not a price you are happy with then you should check on autotrader and send them to your solicitors. I didnt know insurance companies worry about aftermarket spoilers. normally what they do is make you pay the extra for it or tell you to remove it. If I was you I would remove the spoiler and contact your insurance company. Sometimes insurance companies cancel your insurance because they think your going to claim from them, (e.g ecar, read the reviews)
  5. Dito with the unclebulgaria67. You should have some bonus left phone the company and find out. It is your fault so you cant realy argue. If there is fraud happening and you have evidence. e.g you took photo's and there was only 1 person there but they are claiming 4 then you can forward this to the fraud squad. I assume theyve alrady got paid the 30k so you cannot realy do anything, as once its closed it closed.
  6. Have you had a claim this year? If you have had a accident it would make sence that they want you to pay the remainder. and then starting you up with a new policy that does not consider the points or accident. If not then it makes no sense and you need to know why there is a £750 charge (maybe credit agreement penalty which can be carried on) If you cannot get anywere then you need to speek to the underwriters. Budget ellephant and ecar are a headache.
  7. If I was you I would write a letter to the employer and state that you want to know the discilinary proceedure used, date of disciplinary and reason why it was gross misconduct. The procedure needs to be followed if it was in place, otherwise why have them. 1 big rule - A INDEPENDANT PERSON MUST BE PRESENT TO DETERMINE THAT YOUR DESCIPLINARY WAS JUSTIFIABLE. As you can be hated for a unknown reason and be part of a conspiracy and removed by fellow employees.
  8. Hi you have mensioned a estate agent, as you are contracted by the agent you should let the agent know. it is then his problem to sort it out for you. You can help him out with giving him some info on what will help. It seems that the landlord is trying to help you but its just not working. Maybe get a builder to give you a quote and ideas on what he/she will do, most builders wont charge for a quote, then you can refer the builder or ideas to the landlord who will have a guide. When you are wasting time, and your property is getting damged then the agent may give you a discount.
  9. Hi, Did you have no bonus and then had a policy for less then 1 year? if so then you will not be intitled to a years bonus. or did you have 1 year or more bonus and got a policy and then canceled half way, if so you can contact your previous insurance and request a second copy for your new insurance. Because you cancelled half way they can not give you 1 years bonus, its against the rules.
  10. Hi This info will help. If you share some info I request it will help me in your best methods to go about it. Firstly you say you had an accident, the AA should have done some kind of report when they pickup up the other persons car. Also your pics will help with the senario. In accidents you are to mitigate your loss so if your car is in a garage and incuring storage you will have to remove that asap. make sure your car is not sold or destroyed untill after a independant engineer has had a look at it. (personally I would pay £60 for a independant engineer to have a look at it, you need to notify the third party about the engineer you are going to use, min 7 days). How much is your car repairs worth? If your repairs are less then £5000 then you can issue a claim in the county court and if you loose you pay only £80 to other side +court costs, make sure its small claims and NOT fast track. You will need advise but a Solicitor is not worth it if your repairs are less then £5k. What you are intitled to Cash in loo of repairs (repair costs) Cash in loo of hire- as you never hired a car. and maybe interest depending on judges discretion. Some rent and storage- you need to inform the third party of what you are doing (never talk to them as you will regret it, best to write a letter recorded delivery). loss of earnings if you missed any days as a result of the accident. anything else that may be related to the accident. People on this forum will help.
  11. If you have a Solicitor with no win no free then the Solicitor will make it that you dont pay. If you loose at court your Solicitor should have bought a insurance policy for you, so the third party gets paid. If you win the Solicitor does take some money from you, but if it goes court, then takes it off the defendant(third party). If you have a Solicitor and send them on a wild goose chase (your fault and your lieing) they will send you bills to pay. They dont bother chasing you realy but can if they want to. Thats basicaly the CFA agreement
  12. Get an opinion from another MOT garage, test the rear brakes, then contact vosa. tell them that you had a mot and paid for the rear brakes to be fixed. On jacking up the car the rear brakes are not working and dont believe the car should have been passed. Also get the opinion of the other MOT garage.
  13. If the person has made a formal complain in writing and has stated that they have told xxxxx about xxxx and they had xxxx, and xxxx said xxxx. It may be evidence against the person to get disaplined. If however it was a verbal complaint to a manager then there is no proof and a writen complaint should be made, making sure names and identies are not writen.
  14. Hi there are a few questions but I see these claims a lot. Firstly it helps if you say what kind of car you have. was it through a claim company or insurance who gave you the car? Nevertheless the company want to try and recover their costs and what the judge will decide are fair. They will ask you questions like, did you accept the car, was it a like for like car? Were you working? etc.. If the claim is for the cost of hire you are being used as a witness to aid their case. People come in and then leave after 10mins. If you sit after the case you will see they are trying to make it stand that they owe the £2000 and the other side will say we only owe less. your side will have to prove your case and they will have to prove their's. They will start hitting each other with law. The latest I saw a insurance company saying that the "collision damage waiver" should be ignored as their is a third party company that can be used. But the judge decided to knock £1k off their £12k bill. Contact your Solicitor if you dont want to go as it will be the Solicitor doing the case that would be instructing a Barraster for the credit hire company if it was through a RTA Solicitor.
  15. Whats wrong and dangerous? You can use a single mass if the same engine and gearbox have been matched before. e.g peugeot 307 as other posts show, mainly the HDI, people are fitting single mass. The other I know of is the Subaru Impreza non turbo, x reg had single, the newer have dual mass, same style engine same style gearbox, works perfectly and saves £300.
  16. Ill like to know the answer for this one myself. 2ndly I am wondering you said that you took it to a garage and it was a "pile of rubbish and it was unroadworthy" is this a MOT garage? What Im trying to get as, will it fail a MOT if you did it again now less then 1 month?
  17. What I am concerned is the "formal complaint" was this in writen format? if so it would be nice to see if you have incrimated yourself with it. If its ok with the Moderators a copy of the complaint letter
  18. Counterclaim : now that they have issued a claim against you, you can issue a counter claim against them. They have to give you the warranty as it was agreed. You must write a letter to the garage and inform them that they should not be withholding the warranty, as a contract was made by them even if it was a mistake and you agreed not knowing it was a mistake and exchanged money for goods, and have a receipt. Key facts: if something is agreed then you cannot change your mind because of change of circumstances, You are the customer who baught a legitimate car at the correct price, You are intitled for your loss of earnings (no more then £50 a day) for attending court. It will take about 4-6 months before you have a hearing date. Best to file all copies into court of everthing and also to the third party, and wait for a allocation questionaire from the judge or the case thrown out if you have sent your letter. If the case is thrown out you can simply goto the garage and say that they have to pay you, then you issue a claim and you should win. Alternativly if you know you have the proof then I would do the following, contact RAC direct and get a price from them, tell the company that you are getting the policy direct and therefore want a refund of the warranty. And then get the Policy notifying the defendant and Claim the cost back in court (if you dont notify them and keep a recorded delivery receipt, you may loose your entitlement to claim back your loss, but RAC may have a process where they dont warrant a car twice). They will be very stuburn. Free advise is located at the Citizen advice burau, ask to see the in house Solicitor.
  19. As you are in the small claims court small claims track (assumed because its less then £1000) you cannot claim more then £250 in costs, of which solicitor fees are normally not more then £80, unless it goes to fast track- looser pays the fees.
  20. The company probably done this to scare you and make you pay up. In my experience you can do the following if you havent already sent in a defence. The POC shows that the Claimant was not sure about the price and therefore bargained and agreed with you a price. The contract of sale was complete when you payed the cash and they accepted it. A car was agreed for a price and you gave that cash, contract done. Also along with the defence you can add a letter with a copy of your letter. keep the original. Write a letter to the company and notify them that you will make a counter claim if the claim is not withdrawn. I dont know what you can realy counterclaim with realy but I do know you can claim time wasted as a result of attending court if you win. Write to the judge, hand it in at the court. Claim No. xxxxxxxxxxx Your vs them. in the xxxxxxxxxxx county court. Dear Sir I would like to bring to your attention this claim were a contract was made and accepted. A car was offered and sold to me at the price which I paid and have proof in the way of a receipt. The defendant aknowledge their mistake in the POC. I do believe I have no legal obligation towards the defendant to pay any extra as the contract was made and accepted and exchange made. Therefore I would request the case be struck out. Yours faithfully sign date " make it sound sweeter, as my english is straight forward
  21. Im not to sure about bylaws, but I do know that a criminal conviction is normally on your record until spent. Once spent it will not show up on a CRB but will still be registered with the Police
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