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MrHat last won the day on July 2 2013

MrHat had the most liked content!


164 Excellent
  1. Update - a claim was issued which was defended. The defence was so poor that a WP letter to settle without wasting time and costs was sent and the defendant settled in full. Will a letter suffice to the court to discontinue? or is there more of a process to follow?
  2. Thanks for confirming. Notice that the downloaded version of the Allocation Questionnaire (government website) still has a 'have you attached a fee?' as a question with a note saying that a fee is required if claim is over 1.5k, hence the confusion
  3. Hi - I have looked through the stickies and can't seem to find this. On allocation form (as a Claimant), it says to pay the 'allocation fee' Is this the same as hearing fee? Or a different fee? Thanks, MH
  4. Thanks Bankfodder. Really appreciate the reply and the effort you have taken above My understanding is that there is a paper trail (some in writing, some via e-mail). I believe that the steps taken so far seem well organised - the solicitors stepping in prior to claim threw my friend in terms of where to send the claim. I will source more details from my friend and piece it together. I have only recently learned of the problem so playing catch up
  5. On behalf of friend.. Hi all, my friend owns and lives at in one of three flats at an address in Surrey. Repairs were needed to roof as was leaking. There is no freeholder/landlord - known as 'absent landlord' and a deed of covenant for the address was signed by all leaseholders. Within this document, the process for repairs and splitting payment is explicitly relating to such an issue. i.e. majority decision rules and costs to be split three ways. In any case, all three tenants agreed to proceed with repairs after reviewing quotes. All tenants were consulted and agreed to the repairs. now one of them is refusing to pay saying there was no proper section 20 notice. My friend is c£2.5k out of pocket The non-paying tenant's solicitors have written to him saying there is no liability to pay and for any correspondence to directed to them. Letter Before Action was sent before receiving this letter directly to the defendant - and then forwarded to the solicitors too. Questions are simply: 1. Who is 'the Claimant' when using MCOL - the person or the solicitors 2. Any other advice is welcomed thank you v much for reading
  6. Thanks so much uncleb. Do he could start claim now and renew the policy? Would the premium go up or be on same terms do you think? The policy states that he must notify them of change of address, employment status etc but does not mention anything medical
  7. Giving this a bunp to see if anyone is about. Seems strange to me that income protection policy would onky pay til end of policy as the only way to get 12 months is to claim on day one
  8. Hi, a friend of mine took out an income protection policy last april. It pays out about 1k per month for up to 12 months in the event of sickness or loss of employment. Since then he has been diagnosed with cancer. He will need to take time off for chemotherapy. In the policy it states the below. The policy ends in april. Does this mean that the policy will pay out for up to 12 months if he claims today or will payments stop in April? (The policy end date) “Monthly benefit will be paid until: • The date when your Doctor or Consultant advises that you are no longer unfit for work as a result of the accident or sickness which prevented you from working at the start of your claim; or • The date when you do not supply us with proof that you are unfit for work as a result of accident or sickness; or • The date when you return to work; or • The date when we have paid 365 days of benefit for a single claim under this section; or • The policy end date.”
  9. Hi eb, Going to send a straightforward cancellation letter without delay. Some more info (I have brochure, order forms and letters) Firstly, the contract is with the husband, not the deceased wife. There are two order forms: 1. A sofa that reclines and rises - design style and fabric has been specified in check boxes (£3.5k) 2. A matching sofa that does not recline or rise but is the same design and fabric. This ones seems a lot more standard. (£2k) There are no details of anything truly bespoke as it is all check boxes. Appreciate in law, a judge may feel they are bespoke. Within the terms and conditions, it mentions the 14 day right to cancel but that it only applies if the 'NON-BESPOKE PRODUCT' box is ticket. It is not ticked on either form. However, I am told that the salesman did not explain this. In terms or delivery, it states (in the ts&cs) "We will advise the customer of the delivery date but time shall not be critical in this agreement unless it is clearly expressed on the agreement. We shall be obliged to make delivery in a reasonable time subject to availability of goods" When I have access to a scanner, I'll upload. It is clear that the business is designed to avoid distance selling rules and delivery dates. Perhaps that's me being cynical.
  10. I suspect that the order is just 'options' but still think we are in a pickle re cancelling. What would be your first action EB?
  11. thanks bankfodder Figured so. Guess main hope is that they are pre-production and the company acts in good will. yes signed by customer
  12. I am trying to help a friend's father out here. I am still gathering some information but need to act quickly. Will try and keep it brief for now. Person in question responded to an advertisement by The Recliner Factory last year and were subsequently visited by a salesman. I think there may have been more than one visit but will clarify. Date(s) of visit = late Nov - early Dec. His wife was suffering from cancer (brain tumour) for several years and they thought a recliner chair which is easy to get up from would help her as she had developed mobility problems due to the tumour. Somehow, they ended up ordering more than one chair and the total value of the order was c£6.5k. The order has not been delivered yet. His wife's health deteriorated suddenly and she passed away on 4th Jan. There is now no need for the chairs. The sales order form is hand written (triplicate carbon copy). I have some photos of these forms but am awaiting the hard copies. There is a tick box that says "Is this a non-bespoke order". This is not ticked. On the reverse of the form in the terms and conditions it says 'There is no cancellation possible if the product is bespoke' (hence why I mention the non-ticked box). Otherwise there is a 14 day cancellation period. I haven't scratched too much below the surface yet but on the face of it, does he have any right to cancel? Payment has already been made (trying to find out payment method as we speak) In the first instance, I was going to suggest we quickly get a cancellation letter off and see how they respond. Obviously they may well say no but then we can go from there. If he has no right to cancel, I would in the first instance ask for special dispensation due to the extenuating circumstances. Any thoughts guys? many thanks
  13. I voted leave but only because I based my decision entirely on a bus slogan and chose to misinterpret that slogan too, regarding the 350m to the NHS every week. Therefore ALL leave voters were mislead. I demand another referendum. Also, we should only allow newspapers that share our opinions to be published. To promote diversity.
  14. Following with interest. Always great to read how CAG removes the fear. And good to see Alipeeps losing the fear. Worst that can happen is that you pay the claim (on time). Good luck. It's all a game of poker "who thinks who has the best hand"
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