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Fox Morris

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Fox Morris last won the day on January 27 2013

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About Fox Morris

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  1. In some circumstances the tendering process is a contract in and of itself. It's a fairly complicated area of law and you would, as Becky said, need to consult a solicitor in order to have any chance in a successful action. It's not how I would proceed if I were in your shoes though. The costs of the solicitor could outweigh any compensation (without any guarantee costs could be reclaimed) and I'm not even certain that your travel arrangements would be taken into account (your only real loss is that your tender was not considered, it could have been considered and rejected without any cau
  2. The majority of consumer protection legislation (CPL) was written in the pre-internet era, which makes the law on downloadable content (DLC) a murky area at best. It's not clear whether DLC could be classed as "goods" because by its very nature, it is intangible and provided as a service. This means retailers, such as Game, will argue the service is not provided by them, but instead by the DLC provider (in this case Microsoft, or sometimes the maker/publisher of the game). Assuming their interpretation is correct, the retailers would be bound by CPL but only when it comes to the tangible
  3. Given that the contract is verbal, I don't think that the landlord can enforce a term that wasn't mentioned at the time i.e. she has no right to prohibit sublets and cannot demand payment terms different to those agreed. That being said, I believe the default position is that a deposit is non-refundable so it won't be easy to see any of your money returned. After speaking with CAB, I would contact a solicitor. Try to find one offering a free initial consultation and a fixed price letter before action service to keep costs down. A letter before action is a final demand and is a warning to
  4. I am assuming that the warranty you mentioned is a manufacturer's warranty with Seagate and that you did not purchase an extended warranty (or similar) from Scan at the time. Please say if this is not the case. Assuming that you are a private buyer (i.e. not a business) the contract you have with Scan is subject to the implied terms in the Sale of Goods Act (SOGA). The hard drive has broken down well before you would expect it to through fair wear and tear, which means that your claim will argue the drive was not of satisfactory quality and perhaps not fit for purpose. SOGA does allow you
  5. I stand by my calculations. From a practicable point of view, I would write a letter to your former employer once last time: Use the following link to calculate your holiday: https://www.gov.uk/calculate-your-holiday-entitlement Take a print out of the calculation (make sure they know it's the gov.uk site). Restate the hours you worked (reference the pay slips). Restate your hourly rate (as per your contract). Calculate the hours worked plus the holiday earned and multiply it by your hourly rate. State the difference between that and the amount you received, thus confirmi
  6. You appear to have understood the tenancy agreement, requested terms more favourable to you, been offered such terms, then declined on the basis of a reasonable charge. I don't think you'll be able to claim that the terms were in anyway unintelligible, unfair or the bargaining power was unequal and this would pretty much rule out any action with UCTA or UCTCC. I would serve notice now (just in case there is a notice clause), and get advertising for a replacement tenant. I would also ask the agents for any help they can offer as reletting is almost certainly going to be cheaper than paying
  7. I think that you've calculated your holiday allowance incorrectly. Although I don't agree with their figures either. Assuming you were on the statutory minimum holiday of 5.6 weeks a year and you worked 156 hours 44 minutes. 5.6 weeks holiday / 46.4 working = 12.07 approx. // This is the holiday to work percentage. 12.07 * 156.73 hours working = 18.92 hours holiday you earned // This is the statutory minimum, and less than half what you think you had earned. Using these figures you worked 156.73 (hours worked) + 18.92 (hours holiday) = 175.65 in total. Total pay due = 175.65
  8. Unfortunately, this might not just be a case of "crossed wires" and you're right not to ignore the notice. Under the Road Traffic Act, s170 you are required to give your name and address or report the accident to the police within 24 hours. If the PC did not treat his visit to you as an accident report, which given the circumstances he may well not have done, then you have not complied with the law. When a PC tells you to do something on the day, it really is best to heed their advice. I don't think it's a dire situation though, as everything else you've done shows that you had no in
  9. The identities of the other individuals need to be protected, so any footage will be purposefully censored/blurred. This could leave the footage you receive useless, even if the store's original footage is pretty damning. The only way they can deny a formal request is if the data has been destroyed, or passed to the police. Strong arming them could mean they take the latter option, which is why you should really proceed with caution, unless that's what your step son really wants.
  10. You can make a formal request to see the CCTV footage under the Data Protection Act, but not if the footage has been passed over to the police as evidence to a crime. If the store has agreed not to press charges then I would consider yourself lucky and rather than make a formal request, simply ask the manager for a copy to help you discipline your step son (say he is being awkward, denying it etc), and offer to pay the £10 the formal request would cost. If you act grateful, you'd be surprised how amenable these difficult types can become. You also don't know if the store manager is consid
  11. Your sister in law could argue that the bank are taking her subsistence money and make a claim: http://www.consumeractiongroup.co.uk/forum/content.php?547-Is-your-Bank-taking-your-subsistence-money Just because the error has happened twice recently, doesn't change the fact she needs that money to get by on. The link above fully explains how best to approach this and I would definitely try this before considering legal action against the employer.
  12. You are correct in saying that you can only claim it once, however there can be multiple claimants within the same household, providing there are the equivalent amount of eligible people to be cared for. So the woman you were speaking to could have meant she claims for one of her sons, whilst her husband claims for the other. They would still both have to meet all the eligibility criteria, including the earnings limit (under £100 after tax) and caring requirements (35+ hours). I hope that helps.
  13. Before anything, I would just like to offer my sincere condolences for the loss of your Mum. It must be a very difficult time for you, even more so when the people you go to for help end up billing you on the sly. The Legal Ombudsman service produces some excellent publications on how best to deal with solicitors; an overview of which can be found here. The guides cover things like costs and the complaints procedure and it's always a good place to start. If you look at "An ombudsman's view of good costs service" (available here as a pdf) page 5 states: Initial consultation meeti
  14. I seem to be the only one taking the "don't throw the granny under the bus" approach. I honestly think that if you present the case as a fraud by the granny then your friend will definitely lose the roof over his head. The DWP will treat the situation as out and out fraud and will ignore any legitimate defence your friend and his granny could bring to retain the payments. Read the following link from the DWP: http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/housing-benefit/ You'll see that it confirms the points I made earlier about
  15. I'm certain others will have input, but it's the weekend and late, so you may have to wait a little while for assistance. From memory, I think that grandparents are not considered a "close relative" and therefore are eligible to rent their property to their grandchild on housing benefit. It will still need to be on a commercial basis (i.e. at the market rate) and there will have to be a legally binding rental agreement in place too. Assuming both of these criteria are met, I would ask the bank to confirm when the mortgage was settled (or transferred in favour of) the grandparents and/or d
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