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zootscoot last won the day on October 24 2006

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  1. Could be a claim based on misrepresentation but would need more details.
  2. Hi Mrs P, There are three routes to qualifying as a solicitor: 1.Traditional law degree route 2.Non law graduate route 3.ILEX route Law degree route requires a law degree followed by a one year course(two years part-time) the Legal Practice Course and then a two year training contract. At the end of the training contract you have to do the Professional Skills Course which is three weeks and pass the exam. Non law degree graduate route you can do any degree followed by the Legal Diploma formally known as the CPE which is one year full time or two years part time. Followed by the Legal Practice Course and training contract and PSC as above. The ILEX route requires you to do level 3 course and pass exams. This is one year full time or two years part-time. Followed by the Level 6 course/exam which again is one year full time and to years part time. You need to have five years experience working in a solicitors office. This can be combined with the study. It is common for most to work and do the course part-time to get in the required work experience. Once this is achieved you become a FILEX (Fellow of ILEX). This is a qualification in itself and you will be able to do much the same work as solicitors. If you wish to progress further you can do the LPC and training contract to qualify as a solicitor. To get onto do a degree generally you need to demonstrate evidence of recent study. Entry requirements to Universities are generally lower for mature students particularly if you have other qualifications. Perhaps do an A level law evening class or an ACCESS course. ACCESS courses are designed for adult returners to education and are particularly good at catering for students with families. Most colleges will offer creche facilities although these may be limited so it is a good idea to get your place early. Distance learning can be quite isolating and you lack the support of peer group and lecturer support. You also need very high levels of motivation and self discipline. There is a high drop out level of distance learning and you miss out on an important and enjoyable factor in learning in being able to take part in discussions and debates. It is sometimes comforting to go through the experience with other students and to have some adult company. Best of luck Zoot
  3. The limitation period for mortgages is 12 years
  4. Sale of Goods Act applies to both consumer and business to business although in some instances the protection to B2b is lower. Further info here: Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
  5. You may have grounds for setting the mortgage aside on the grounds of undue influence if the bank did not take reasonable steps to ensure that you freely entered the transaction. See here for further info: Undue influence
  6. See the case of Truk (UK) Limited v Tokmakidis GmbH sorry I've got no direct link to the case but you can read up on it here para 3.38: http://www.lawcom.gov.uk/docs/cp188.pdf
  7. If it is a latent defect then deemed acceptance after a reasonable time does not apply.
  8. You can insist on a refund under s.14 of the Sale of Goods Act see here for furthr info Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 Go back and speak to someone more superior if no luck put your complaint in writing.
  9. You have not received the goods and you have not signed for the goods so they are in breach of contract for not supplying the goods. Don't waste your time with call centres write to their head office and demand a refund or the goods.
  10. No the customer has no rights to insist on paying the price advertised. The advertised price is what is known in law as an invitation to treat. The customer makes an offer to purchase which the retailer can choose to accept or decline. See here for further info: Contract agreement - Offer and acceptance However, the shop may be committing an offence under the Trade Description Act. This does not confer any rights on consumers to insist on purchasing goods at the advertised price, but a threat to report them to Trading Standards can be a great bargaining tool!
  11. It looks like he is trying to introduce new terms into the contract after it has been concluded which is not allowed. See here: Unfair terms - common law
  12. As it is a sale in the course of a business s.14 of the Sale of Goods Act applies and the car must be of satisfactory quality. The car must also be as described under s13 although the fact that you saw the car before buying it may stop you being able to rely on s.13. There is also a misrepresentation relating to the model of the car which may give you a right of action at common law for negligent misrep. They have also committed an offence under the Trade Descriptions Act. Whilst this does not give the consumer a remedy a threat to report them to trading standards can give you leverage in getting them to reach a compromise. Further details on Sale of Goods Act and misrep can be found here: Misrepresentation Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
  13. The Sale of Goods Act does not apply in private sales, but your Dad does have protection from misrepresentation. If the seller told him the van had an engine rebuild in 2007 and this was untrue then that is a false statement of fact which has induced the contract. More info on misrepresentation can be found here: Misrepresentation
  14. Sorry to hear of your news Nattie. I always thought you were far too much of a gentleman to be a banker anyway. Best wishes for your future
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