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chesham

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Everything posted by chesham

  1. Click on my name "Chesham" and then go to the tab which says "contact info" and click on "Send a private message" - you can then send me a private message with your information and I shall respond to you
  2. Please please please report to Trading Standards (via Consumer Direct if possible) so your case is logged with them - the more complaints they receive, the more likely they are to take action. I was the first person who had complained officially about these people, so the more that do, the more likely, something will happen. The Police will, to be honest, do nothing at the moment, there is no hard evidence of fraud or deception, but TS did say that they could look into the possibility of any crimes which have taken place. But we need to report these cases first before anything happens!! I have a template letter if you want to write to them - please PM me your e-mail address and I will send across to you. As long as you told them that you did not accept the offer before they put it in your bank, they are still in breach of contract with no acceptance of the offer.
  3. It doesn't surprise me, they seem to try and take the proverbial when they can. The TS contact I have is for Buckinghamshire, as you need to get in touch with the office in the county where you live. I will PM you with some more details.
  4. Well, in theory, this could be misrepresentation - which is a civil offence, and can really only be remedied by suing if they refuse to budge. However, a lot depends on how it was advertised and how the sale took place - i.e. what he was told. If they did not mention it, then it means they did not breach particular rules, but if they said it was from somewhere it wasn't, then that is completely different. Most contracts have a cooling off period, many of them are the larger dealers. However, I would give Consumer Direct (Consumer Direct) a call and get a case logged with them and ask for some advice - the trader could be breaking either trading rules or breaching the Consumer Protection Act, depending on circumstances surrounding the sale. But most will dig their heels in an attempt to say "we are bigger than you", so stand tall and don't be intimidated!!
  5. Condition 2.7 of the TalkTalk Ts and Cs: 2.7 You accept that the connection of a line in your new home will usually attract connection charges and/or a New Line Fee and a new twelve (12) month minimum term contract. The "new line fee" could be the extra charges. The extra charge is probably due to the exchange not being "unbundled" so therefore TalkTalk cannot put their own equipment in. They have to lease it from BT (which costs) and they won't put up with that, so they pass the costs onto you. When you took out TalkTalk, you entered into a contract to provide you with services at your current address. If you move, they can still provide you with that same service - as they did in February - but then you are moving again, which will attract the same fees. They will argue you are aware of this, because you have accepted them previously. However, as you are now moving to an area where the services differ, it becomes slightly different. The contract terms state that they are not liable if you were to move to an area where LLU is not available or if BT ceases to provide service on behalf of TalkTalk. So it's a case of fairness now. My advice would be to write to their customer services team, outline the details and see what they say. First letter back may be a "sorry, we can't help" so do another letter and challenge them a bit more. You may get a better response, or perhaps the same. Either way, what you need is a final response from them. Once you have this, get in touch with OFCOM and ask for their advice - normally, they will only get involved if you have a final response from the provider. However, you could ring them now and see what their advice is. Personally, £70 is much less than you would be paying if you kept the service, and I would be inclined to pay it. But that is my own personal view on it, and is not a recommendation
  6. Two threads here - OP question and a second poster asking a general questions surrounding no comment interviews - OP has not re-posted any replies to this as of yet!!
  7. You could also speak to your local police, as most schools have a Police Liaison Officer, who can also intervene - a policeman's word can have quite a dramatic effect - but also with all the recent publicity surrounding the effects of bullying, you can't do too much to stop bullying/harassment, especially in the school yard, because the effects can be a lot more lasting than if it was an adult in the situation. However, I also agree with Buzby in that you need to keep on at the school, they have a responsibility to keep your child safe at all times whilst at school - however, the sad reality is that many do not want to do as much as they can do for fear of any comeback. However, persistance does pay off and this is the route I think is best at this time. And finding a judge who would sign a legal injunction against a minor unless exceptional circumstances prevailed would be very very hard, if not impossible due to the various laws surrounding the protection of children. If it was granted, then enforcing it would be ridiculously hard bearing in the mind the limitations of a schools layout. If the situation really is that bad, then removing the child as suggested would remove the situation completely - it depends on how severe the problem is, and if you cannot get any assistance, then this remains an option.
  8. Indeed, but all the LJ's referred to it due to the fact that it was to do housing as opposed to a shed which had items in it which were damaged. Gibson LJ said in his summing up: A contract-breaker is not in general liable for any distress, frustration, anxiety, displeasure, vexation, tension or aggravation which his breach of contract may cause to the innocent party. So depends on which judge you ask, but all of them say that any award for damages of this kind must be "modest"
  9. Bearing in mind I have not seen this contract or familiar with this company, my feeling is that if the finance did not go through, the sale would be voided, or at the very least the reduction would be removed and the full price would remain. You would then need to re-affirm that you wished to go ahead. I say this because the contract (at the moment) has a huge discount, and therefore the paperwork would reflect this. If the reduction was to be removed, then a new contract of sale would need to be drawn up and this would show the revised amount - therefore giving a "second chance" to say you want to go ahead, or whether you wish to cancel again. They cannot change amounts after you have agreed to the reduction, without entering into another contract for the revised amount. When I say "you", I obviously mean your parents!
  10. I think this depends on the terms and conditions of the contract. There may be two contracts in effect - one for the purchase of the windows, and one for the finance of the purchase price. Or there may simply be one - meaning that if the finance does not go through, then the purchase will not go through and all would be cancelled. It sounds like the £1400 reduction may be a condition of sale if finance is taken through the company themselves, rather than paying outright or by any other means. Many retailers offer this and, with the exception of the PPI scandal, it could be seen as fair as they end up getting more from the sale than simple a single purchase. Have you posed this question to Anglia direct? It may be worth asking them. Or browsing the contract to see if it mentions anything on there.
  11. Did you pay for the deposit by credit card? You may be able to seek some advice from them, but only if they have gone bust or breached the contract. I guess you need to find out exactly where the items are first..
  12. Damages for negligence will normally only stretch to liquidated damages, i.e. a set amount for physical property damaged or ruined. Claims for stress and damage to feelings etc is generally not recognised as a quantative sum, but most companies will offer a goodwill gesture for the inconvenience. Your claim is under the tort of negligence and the remedy for this to pay for the damage caused by the negligence and to put you back in the position which you were in before they undertook the work which was not completed correctly. You can ask, but if they refuse, I doubt you would be able to go any further. The reason for this is that stress and damage to feelings cannot be quantified into a physical sum of money (your stress is more expensive than mine) and therefore gestures are normally made for inconvenience (i.e. £50).
  13. Their customer service rates amongst the worst I have ever experienced. It does seem like it's one woman who is only doing it as a favour but she really is not bothered about what she says. I perservered and involved Trading Standards, which resulted in me getting the full amount I was owed and a written apology. I'm now happy to end my involvement with them FOREVER, but will not be using them again ever. Their reviews on various web sites are rubbish, and they are currently 0.84 out of 5 stars.
  14. As it is a criminal offence, if it goes to the magistrates court and you are subsequently found guilty (for whatever reason or any mitigating circumstances are not accepted), then you will, strictly speaking, have a criminal record. The offence is an summary offence, and one which is absolute with a fine, on average, reaching £200 + court costs. But can vary from court to court, but most people pay around this amount. I'm not sure how it affects your travel to the USA, however the moral of the story would be....don't break the law? It's the same process as those who commit benefit fraud, and follows the same jurisdiction process.
  15. I see where you're coming from...but I don't think it is fundamental enough to void or even go so far as to frustrate the contract at all, possibly an administration error. If anything, it would be a mistake, error or omission which disadvantages a party which would be called into question.. But in this, I would vote no, it does void the agreement or invalidate it. In addition, it is the responsibility for the debt which is sold on, bound by the terms and conditions of the original agreement. Therefore, you have in effect agreed to these terms and conditions and advised you were happy to pay a amount on the b day of the month for c years - this does not change, even though there was an error in transferring the registration details.
  16. Did you not get to see the certificate when you viewed/bought the car? More importantly, did you ask for it? I think you'll find it difficult to get anything out of anyone, due to the amount of time which has passed (I gather over a year) with regards to the MOT issue. I don't think that the Consumer Credit Act is the better one for you seeking any compensation or comeback - the main legislation concerning your situation is probably the Sales of Goods Act or perhaps the Supply of Goods and Services Act. However, my opinion (i must stress that it is my opinion only) that you have virtually no options with regards to the sale of the vehicle with no MOT. With regards to the faults which were there 3 months ago, this was over a year ago therefore the burden of proof has shifted and it will be difficult to do anything for this one. The work which they say has been carried out, but you believe it wasn't, is not as impossible but still tricky - there are so many variables and arguments which may be thrown into the equation, it's difficult to foresee scenarios. Perhaps write to the dealer (not the credit company) and put your concerns into writing, and then perhaps the advice you recieve here can be a bit more tailored and accurate for you. In addition, others may advise you differently whilst your post is here! If they claim to have undertaken work, which you paid for, but then you found the work was not done then you may still have some way of getting something back - your main problem will be proof. Were these parts "consumable" items such as brake pads, or any other component which they could argue may have been worn down in 12 months?
  17. Sounds like it could be an admin error and the papers have not been sent or incorrectly filled out. If the judgement was secured in Brentford, they would need to transfer enforcement to the court local to your employer to enforce it - however the judgement would remain in force at Brentford. Agree with teaboy2, ring the court and ask them where you need to send it to. I think the forms are interchangeable, so sending the N322A to the SE25 court should be enough for now, but double check first.
  18. Sounds like they are in breach of contract, therefore I would ask again but advise of them of this. There's nothing which can be done in a short space of time to remedy the situation, but persistance is often the key. However, it sounds like a relatively small business with no infrastructure (i.e. HR team etc) therefore your options are limited. However, I would recommend putting in requests and other communications in writing, just so that you have peace of mind of what was said etc. Could you not attend the place of work and sit down and have a convesation with him regarding this? It's much easier to put your point across face to face. However, I must point out that you should not be angry or do anything to jeapourdise your situation!!
  19. This is true, and I could let it go but as a matter of principle, I do believe they are doing wrong, therefore I will continue to fight. CAG is invaluable in providing support, confidence and access to services to those who have been wronged, and those who are in no position to fight but provides the resources, the information and the know how to say enough is enough, I must give up.
  20. Doh, sorry just read the posts above - screen blanking and crack on the hinge - is this right? Is the crack cosmetic?
  21. What's wrong with the laptop by the way?
  22. TUPE is a nightmare and a minefield! Have a look here, see if anything can help answer your question: http://www.berr.gov.uk/files/file20761.pdf
  23. I've not experienced problems with them on this kind of scale, but all customer service departments do have "rogue" people who will be quite curt and rude, and we all know those who why sigh when we find we have to deal with them. Hence why TrueCall is becoming a massive hit - because I think more and more people are turning the tables on companies who claim to record calls - when we are in the WRONG, we are thrown the call and it's transcripts. But when were in the RIGHT, and we ask them to check the phone call, amazingly it has disappeared or there is no record, or it's randomised so that this particular call was not recorded. Your not anal, I make a note of date/time/name whenever I speak to someone over the phone, due to the amount of times where someone claims a conversation never happened. I've had many problems with big companies such as RAC, First Choice, Thompson and others who claim to have told me something, but never did. I would write a strong letter of complaint and see if you can get something out of it, don't let it go, why should you be spoken to like that from anyone, let alone by one of the biggest companies in the UK!
  24. I've started legal action against the above retailer, in addition to assisting with an investigation with Trading Standards with regards to their conduct and honesty when mobile phones are sent to them for exchange of cash. It would appear that the vast majority of phones (approx 60%) arrive "damaged" and a smaller payment is offered, but refuse to return the phone - instead, a counter offer is made, which has tweaked the interest of a few people, namely Trading Standards and the Office of Fair Trading, as it would appear that one of their terms and conditions may be deemed as unfair (i.e. the return of the phone if you do not agree with the price) and also the phone may have been sold on prior to your acceptance of the offer, which is (obviously) illegal as they have no right to assume ownership until a contract is formed (i.e. agreement and consideration). I was wondering if anyone else here has or is having problems with this customer? All information greatly received surrounding this retailer who I feel may be preying on those who desperately need some cash and who send their mobile phone off for one price, onlyto get far less money or who will never see that phone again. I really appreciate any info, so thanks in advance!
  25. The likelyhood of a successful claim for the animal passing away from a congenital illness is very low, unless it was to happen in a small time frame after the purchase. However, 16 months down the line is such a long time, that a claim would more than likely not survive long enough to reach a hearing. It could be a kneejerk reaction to the grief, you are right. It may even go someway to explain why a "solicitor" has contacted you on behalf of the owner - however, do bear in mind that if they are not a solicitor, but purpoting to be one, this is a criminal offence in itself. Although difficult, you should try to find out if this person is a registered solciitor or not and then take it from there. If they are not, then I would write back stating this and a mild warning saying that you are sorry for their loss, however you are not responsible for the kitten dying and that you sympathise with them etc - but also advise that you cannot find a record for this solicitor with the Law Society, therefore you cannot enter into any further correspondance and should they get in touch again, you will report it to the correct authorities.. Harsh I know, but your parents should not have to be threatened by anyone, greiving or not...
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