I purchased a Henleys watch from an Ebay seller in October 2014, brand new, boxed, and with tags. Within 2 months, the silver coating was rubbung off either side of the winder, around the top and bottom of the case, and around the underneath, showing a copper colour. I contacted the seller who ignored me. I then sent the watch back to the sellers address. I got a reply stating that the seller gives 21 days warranty, and that I should return the watch back to the manufacturer. The seller finished by saying that he returned the watch back to me. Fast forward to this month, when I have asked on 3 occasions for proof of posting and the tracking number. So far, no response. I have never received the watch back. I then threatened to sue in the Small Claims Court. Again no response. A summons is now in force. All of a sudden, the seller replies saying that the Sale of goods Act does not apply to him. I replied saying it does as she is the retailer.. ..In the meantime, I have tried googling the manufacturer of Henleys watches for a contact number/address, but have not found anything Does anyone on CAg have any contact details for Henleys watches please???. Also, am I correct in saying the SoGA does apply to the seller, or is the internet shopping a different law??

Ok Here is the story. Back in April I parked in a car park at a local retail park - I was picking up a single item - the car park was full, so the only spaces available throughout the car park were the disabled spaces, so I chose the one furthest away from the store entrance to pack. I went into the shop and returned to my car after 2 minutes, find I had received a complimentary parking invoice from UKPCS, for parking in a disabled space without displaying a disabled permit. I had had dealings with this organisation before and eventually they gave up as I did not pay or even contact them, I decided to do the same and ignore them - yes I know about POFA etc, where the advise is to appeal but I was going off on holiday in a few weeks time. while away they sent their NTK, which I ignored when I returned. I have had the usual reminders for DRP+, and Zenith collections, and still ignored them. On Monday I happened to visit the same shops in the same car park - and thought as its Christmas they will have their parking attendant out invoicing cars - imagine my surprise, not only were there no parking attendants but all the parking notices have also been removed from the car park, and the car park is no longer controlled. IF they finally take court action wouldn't the fact they no longer control the car park be a point in my favour? I know its a big IF, and is probably never going to become a when but you never know.

Hello, I may need some guidance please. Last Wednesday I was travelling home from work, came off an A road onto a slip road which leads to a roundabout. There was a queue of traffic waiting to enter the roundabout. I joined the queue and was stationary when a vehicle behind me failed to stop and ran into the back of my car with quite some speed. I was propelled forward and almost hit the car in front of me., luckily there was no impact as my car came to a stop before hitting them. The guy who hit me got out of his car and stated he was sorry and accepts full responsibility. He gave me his name and an insurance company but stated he had no ID and no insurance documents on him, he said he didn't need any details from me as he accepted full responsibility. I took a photo of his car and registration plate with my mobile. He apologized and drove off, almost causing a second accident by nearly missing a van that came travelling up the slip road. My car has considerable damage to the back, the bumper is cracked, the rear passenger side wing is coming off, the number plate and number plate light are broken, the boot hatch is dented and I cannot open the boot anymore. I have neck and shoulder injuries and now have got a tinnitus in both ears, the doctor hopes it should settle again over time and is a whiplash type neck injury which can also cause the ringing in both ears. I have TPFT cover on my car and phoned my insurers to start the claim, when I gave them the details of the other car it came back as uninsured, the details he gave me were false. They said they couldn't help me any further but going by the damages described they thought for insurance purpose my car would be a total loss. (10 year old Ford KA). I since got an estimate from a local repair garage for £300.- to fix it though (the same garage I originally bought the car from and the guy said he would do me a deal as I think he felt sorry for me to be honest, so he said he'd do it for £300.-) I also reported it to the police who gave me details of the MIB, I spoke to them and downloaded a claim form which I have filed out and returned today. Ha anybody got some experience what is happening next and what I can expect to be the outcome ?

Hi there Would love some advice on my situation.. Link initiated court proceedings against me for an alleged debt of £9k. I asked for a copy of the CCA which this failed to provide. I mentioned this in my registered defence to the court. The court went on to demand that the DCA provide the court and me with a copy of the CCA by a set date otherwise the judge stated that the case would be struck out. That date passed 3 days ago. I didnt receive a copy of the CCA. My questions are: Should I call the court to ask whether they received a copy of the CCA? If the court hasn't received a copy of the CCA, am I supposed to apply for the case to be struck out some how, or should I leave it to the judge to make good on his stated intentions of striking out the claim? If I am supposed to apply for the case to be struck out and I dont, what could happen? Could the DCA apply for more time? If the court has receive a copy of the CCA, given that I have not, is the DCA still in breach of the courts motion, in which case should I tell the court that I haven't, and would this result in the case still being struck out? And I guess an obvious question is, in my particular case, should the claim be struck out by the court, can the DCA have the claim reopened if they eventually find a CCA? Things get abit more complex. After the DCA originally failed to provide a copy of the CCA within 12 working days as required by law, I issued them with a Section 10 data protection notice. This means that they must delete any details they have about me from their systems, and are not permitted to sell my details to another party. I sent a copy of the notice to the court. In this case, even if they had managed to send the CCA to the court and I by the date demanded by the judge, aren't they in breach of the section 10 notice for still having data about me on their systems (e.g the CCA)? And if this is the case, doesn't this invalidate this and any other claim they were to try and make against me re this alleged debt so the court would have to strike the claim out? If they are in breach of the section 10 notice, what further action can I take - especially in the case that they may sell on the alleged debt to yet another party? I know there are a lot of questions here, and I really appreciate your input.

Hi In July my son was travelling by train from Bolton to Manchester to go to work. He had a monthly pass which he showed to the ticket inspector before going to the platform and catching the train. It was only when he got off the train at Manchester that another ticket inspector noticed the pass was two days out of date. My son explained that he had not noticed it was out of date as he had not used it for over a week as he had been off work for a week and offered to purchase a ticket. He was told all he needed to do was give him his details and the reason why he had not noticed the ticket was out of date which he did. He thought nothing more of it until last Thursday a letter came here for him (as he was living with me at the time) because he was working away he asks me to open any mail that may come here instead of his own address which I did and it was a court summons stating that the case was to be heard Dec 1st. I've spoken to him as he is still working away and he is not sure what to do. He can pay a £100 fine and it doesn't go to court, plead guilty and receive a fine of up to £150 or plead not guilty and if found guilty he could receive a fine of up to £1000 (the original fare he should of paid is £4.10). We're both really angry because the letter states he had received two letters in August one asking for an explanation and the other informing him of the fine because he had given them my address they would of come here and I definitely know they didn't. Also the documents are stamped 4th November and it didn't arrive until the 20th November! The documents have two witness statements the ticket inspector and an admin women who states two letters were sent and has them as exhibits. We both had a discussion on one hand should he just pay the early settlement fee of £100 he has until tomorrow to do that or should he plead not guilty as it was a genuine oversight and not as the charge states an act to intentionally avoid paying the fare. Any advice would be really helpful but we really need advice quickly as he only has until tomorrow to make a decision and send the documentation back for Thursday.

Hi, cut a long story short an argument with my daughters mum escalated when she pulled her half of her family out of our daughters 6th bday party. Leaving us with no food party bags of cakes, therefore ruining the party forcing it to be cancelled. She ignored me and I got wound up and kept calling and txting her. I was very upset and angry and send a few abusive and threatening ones. She made a complaint to the police pure and simple to get back at me. This has all stemmed from me getting a new gf and not having my daughter one weekend when I was supposed to. I am being charged with harassment without violence. Due to attend court on the 10th Dec. Any advice moral support would be good, hat sort of punishment or mitigating factors will help. I have never been in trouble only a drink drive more then ten years ago. We have a hostile history but never gone this far. Never had a complaint.

Brief Overview: I purchased a car around 5 weeks ago from a used dealer for around £1900 on the proviso they arranged for it to be serviced as advertised (it hadn't been). Post purchase we arranged for the cambelt to be done at the same time for an extra £230. After getting the car back various bits of trim had been put back shoddily and the car was seriously lacking power compared to before. Turns out the dealer users an 'ex-ford specialist' mechanic moonlighting from his normal job and not an actual garage. A week later it goes back to them to be fixed as the timing is clearly out, I get it back and whilst it seems some power has returned it now idles at around 1200 rpm and sounds bad. I also notice at this point that the Engine Management Light bulb has been removed although I foolishly didn't check this pre-purchase. I take the car back again and leave it with them for a week while I go away and am told they will send to a different garage as I didn't want the same guy working on it. I've picked up today to be told there is a fault P1381 - Variable Cam Timing Overadvanced (Bank #1) but they're not willing to spend any money fixing it as it drives fine and must only be a fraction out. I drive the car home and it's clearly in limp mode. I decide to get it looked at by an independent with a view to getting it fixed and claiming the costs back from the seller. The car has been looked over and come back with the following faults: P1383 - Variable Cam Timing retarded Serpentine Belt in poor condition Oil and Coolant Leak Bolt in top of rocker cover stripped of thread Engine Oil Overfilled Front and Rear Brake discs badly corroded Exhaust Blow, Cracked Catalyst No locking wheel nut found Based on all this and the fact I've given them ample opportunity to fix the original issue, which still isn't fixed I want to reject the car for a refund but am unsure of the exact steps to do so. My understanding is as follows: Write a letter of rejection with reasons why Await response If none then send letter of intent re small claims court If no response then start moneyclaim proceedings. A couple of questions though... What happens with the v5 document if I'm rejecting the car? Do I mention the fact that I will consider court action if we can't reach an amicable arrangement. Do I call to tell them that I'm rejecting the car before the letter? Do I insist that they come and collect the car from me? Sorry this is quite a complicated first post, any advice is gratefully received. Cheers Dom

In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?

We seem to be seeing a lot of these recently: http://www.eastgrinsteadcourier.co.uk/East-Grinstead-man-threatened-bailiff-knife-court/story-23021607-detail/story.html

Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.

Hi, Brand new to this site, but I'm struggling to find a bit of info so I wondered if anyone could help. I'm the the process of being made redundant from a large company due to the restructuring of my department. I had an interview last week for a similar job at the same company, which I've now been told I didn't get, and I had a consultation meeting on Tuesday at which I highlighted a few areas where the redundancy process had fallen down, namely: - One of the Company Directors forwarded the Head of my Department a letter by email to send out to stakeholders detailing the restructure. This was 2.5 weeks before the end of the 45-day consultation period. I've since learned that HR knew about this letter and had told him in no uncertain terms not to send it. - In my interview, I was asked to whistleblow on my colleagues. I was asked where our current failings are and the main issues, and when I showed reluctance to answer the question, I was told that I didn't need to name names, but if I didn't answer the question, I couldn't get the job, because I would be demonstrating that I didn't know where our failings are. - A colleague then had an interview for the same job, an hour after my interview. We were asked very different questions, and, most importantly, she wasn't asked the question detailed above. - Part of the reason I've been told I didn't get the job was because I'm currently a part-time member of staff, which I believe may be indirect discrimination due to me being female. I am part-time as I look after my child for the rest of the week and I think this may have made me a soft target. HR was concerned about my issues, and I was told that they would not send the letter confirming serious risk of redundancy (giving you 10 days to make representation before a member of the Executive) before addressing this with the HR Head of Department. Having called HR yesterday, it seems that they are still proceeding as planned and will issue the letter next week. I've had no formal response to my issues, but I haven't put them in writing either. My questions are, how far do you think I should/can take this, how long would it take to come to a tribunal, and crucially, do you receive your statutory redundancy pay regardless of whether you have a grievance in? That is to say, would my statutory redundancy pay be withheld until the outcome of a tribunal, if there was one, or do you get paid it at it the right time, regardless? Many thanks in advance.

Hi guys. I'm new to this forum. Hope I'll be of some help to people in the future. Nevertheless, I have a question. But before the latter, here is my story: We bought a flat and called up N-Power to inform them that we were the new tenants and told them to continue providing our property with both gas and electricity for the time being until we settle and compare the prices thoroughly. In the early October 2013, our boiler broke down and on the 16th of October 2013 we found someone who could fit a new boiler for us. There were three people all together (one was an installer, one was a gas engineer and one was an electric engineer); before installing the boiler, the two engineers had to switch off the gas from the outside as they had to weld the new pipes, etc. Upon going outside they have discovered that the gas meter which was labelled with my flat number was incorrectly marked, they explained to me that my gas meter seems to be the box marked with flat number 10. They told me that they would need to work with fire in order to mend some pipes and thus switching off the correct gas pipe was a vital procedure. We did some tests. When they switched off the gas meter marked with No.19, nothing happened and gas still went through to our property. When they switched off the box marked as No.10, our gas switched off completely. They also showed me how the three boxes had their own pipes that were connected to three different floors; and how box No.10's pipe went right to my kitchen on the 2nd floor; very obvious. After installing the boiler I called N-Power the same evening in order to inform them of the situation; that was on 16th October 2013. The lady who I spoke to advised me that our property was most likely cross labelled and that it is a common mistake. She booked an engineer for an assessment of our meter box and so I can start being charged the correct price based on my actual usage; I provided N-Power with the meter reading for box No.10 on that day. Long story short, an engineer never came and I was lied to. Then the manager has rebooked the engineer for the 16th of January 2014, and I told him that I wish to see and speak to an engineer so that we can test our gas the same way we tested it with the gas boiler engineers; N-Power advised me that the engineer will have my mobile in case he wishes to contact me for further testing. The appointment date has gone, I got no notification at all and never saw any engineer. I waited until the 3rd of February and N-Power has not even sent me a letter to say sorry or to ring me and ask if everything has been sorted. I called them on that day. They informed me that an engineer attended the property. I got so angry and frustrated. The advisor told me that they need to take some payment from me as the sum is adding up. I told him, what sum? They do not even have an idea of what I am using. The advisor informed me that I should pay for box No.19; I argued this point as I did not want to pay for someone else's usage, so he proceeded to say that they would need to charge me a standard price of £190-£240 until they sort out the problem and then they would reimburse me the difference back; I obviously rejected this amazing offer. The guy who I spoke to said that an engineer came, did all the tests and said that the box which is marked with No.19 is the correct box. I do not believe that an engineer attended the property; this was confirmed when I called up in the end of April and/or beginning of May to get some dates for my record. Furthermore, I had to speak to a manager and we got to a conclusion that I won't pay for their services (both electricity and gas) until N-Power sorts out my problem; my complaint was escalated to a different department who deals with serious complaints. On the 1st of April of 2014, I received a letter from them saying that they are working hard to help me. I know that these are just automated letters sent out to make people shut up. It's now 1st of September 2014. I have lost my faith in N-Power and no longer willing to pay them a penny; I wish to move to a different energy provider. I can confidently say that this is and was the worst customer service I have ever received in my entire life, and in the future life if I am reincarnated. Shall I go to a small claims court with the above information? What could I claim for? I mean, stress, frustration; that won't help a lot would it? I want my bills to be abolished and I wish to move on to a different provider. I contacted the ombudsmen in May, and they're still dealing with my case. Any advice guys?

Hi guys. I'm new to this forum. Hope I'll be of some help to people in the future. Nevertheless, I have a question. But before the latter, here is my story: We bought a flat and called up N-Power to inform them that we were the new tenants and told them to continue providing our property with both gas and electricity for the time being until we settle and compare the prices thoroughly. In the early October 2013, our boiler broke down and on the 16th of October 2013 we found someone who could fit a new boiler for us. There were three people all together (one was an installer, one was a gas engineer and one was an electric engineer); before installing the boiler, the two engineers had to switch off the gas from the outside as they had to weld the new pipes, etc. Upon going outside they have discovered that the gas meter which was labelled with my flat number was incorrectly marked, they explained to me that my gas meter seems to be the box marked with flat number 10. They told me that they would need to work with fire in order to mend some pipes and thus switching off the correct gas pipe was a vital procedure. We did some tests. When they switched off the gas meter marked with No.19, nothing happened and gas still went through to our property. When they switched off the box marked as No.10, our gas switched off completely. They also showed me how the three boxes had their own pipes that were connected to three different floors; and how box No.10's pipe went right to my kitchen on the 2nd floor; very obvious. After installing the boiler I called N-Power the same evening in order to inform them of the situation; that was on 16th October 2013. The lady who I spoke to advised me that our property was most likely cross labelled and that it is a common mistake. She booked an engineer for an assessment of our meter box and so I can start being charged the correct price based on my actual usage; I provided N-Power with the meter reading for box No.10 on that day. Long story short, an engineer never came and I was lied to. Then the manager has rebooked the engineer for the 16th of January 2014, and I told him that I wish to see and speak to an engineer so that we can test our gas the same way we tested it with the gas boiler engineers; N-Power advised me that the engineer will have my mobile in case he wishes to contact me for further testing. The appointment date has gone, I got no notification at all and never saw any engineer. I waited until the 3rd of February and N-Power has not even sent me a letter to say sorry or to ring me and ask if everything has been sorted. I called them on that day. They informed me that an engineer attended the property. I got so angry and frustrated. The advisor told me that they need to take some payment from me as the sum is adding up. I told him, what sum? They do not even have an idea of what I am using. The advisor informed me that I should pay for box No.19; I argued this point as I did not want to pay for someone else's usage, so he proceeded to say that they would need to charge me a standard price of £190-£240 until they sort out the problem and then they would reimburse me the difference back; I obviously rejected this amazing offer. The guy who I spoke to said that an engineer came, did all the tests and said that the box which is marked with No.19 is the correct box. I do not believe that an engineer attended the property; this was confirmed when I called up in the end of April and/or beginning of May to get some dates for my record. Furthermore, I had to speak to a manager and we got to a conclusion that I won't pay for their services (both electricity and gas) until N-Power sorts out my problem; my complaint was escalated to a different department who deals with serious complaints. On the 1st of April of 2014, I received a letter from them saying that they are working hard to help me. I know that these are just automated letters sent out to make people shut up. It's now 1st of September 2014. I have lost my faith in N-Power and no longer willing to pay them a penny; I wish to move to a different energy provider. I can confidently say that this is and was the worst customer service I have ever received in my entire life, and in the future life if I am reincarnated. Shall I go to a small claims court with the above information? What could I claim for? I mean, stress, frustration; that won't help a lot would it? I want my bills to be abolished and I wish to move on to a different provider. I contacted the ombudsmen in May, and they're still dealing with my case. Any advice guys?

I will be setting a test case via the European ombudsman on this matter, specifically in the way in which I have been treated by the csa who have sexually discriminated against me let alone contravened equal rights under the human rights act. I have issued proceedings against the csa which has been stone walled by the ministry of justice, the csa has failed to comply with the terms of their fitness to be called a data protection registrar, breaking the data protection act repeatedly by by ex wifes friends whom work for the csa. they have been found to be wilfully passing on details such as workplace, earning amounts addresses etc. I love my son dearly and pay for him over and above what I should have been paying, the csa have mis appropriated funds which I have proven they cant account for. they have charged me full rates of what they class as default rates whilst unemployed, even in college studying they have continued to charge me full rates of their mythical default rates. this business has been proven to have ccjs against them they are a privately run business on a government tender... nothing more. they have also used stolen documentation taking from me by my ex wife during the divorce period which they based a calculation on which was wrong. I have obtained copies of their actual regulations and operating guidance as set down by the government which shows that people have at least one month to report changes to the csa, however the csa completely ignore this and repeatedly makes threats of imprisonment and fines if information is not forthcoming to them within days of what they consider to be a change. the court system has thrown my case out in what I consider to be an unlawful act in itself I wont be wasting any time in dealing with judiciary review, I will be taking it before the European route. if anyone can give any advice on how best to tackle this, my mp has been involved, because the csa got me sacked from my job for harassing my finance director.

Hi Guys, I've got a bit of a mind-bending PPI situation, and I need someone to advise me on my next step. In early 2005 I took out a mortgage with Gmac RFC, Through First Union brokerage. I had been paying the mortgage for a good 6 years, before I realised that I had an insurance policy! my daughter was about to be born when I mortgaged, for the extra cash to make the house child-friendly... I should have looked through the final paperwork when it was delivered, but I just didn't (Idiot!) I find a document amongst the other mortgage paperwork that says I have Payment insurance policy. The policy cost £550.00 and was added to the overall loan balance but, get this, it was only valid for the first 24 months of the mortgage!!!??? I contacted Gmac (Now Paratus amc) who had no record of any policy. I contacted First Union, who also claimed that they had no knowledge of it, at first.. It took three days before someone found a footnote in the notes that said I had a policy. The trouble is that the mortgage broker had used an insurance broker (based out in Ireland) for the policy. I went to the FOS who checked that the insurance broker was under the FSA, and they sent a letter to First Union; needless to say, First Union wrote back saying that I was wrong. Their salesmen are too highly trained to make such a mistake as PPI misselling. Now, unfortunately, I was in consultation for redundancy, as all of this was happening, so I didn't respond fast enough to their reply. Recap: I have about 15 years left on a 23 year mortgage, and am paying interest for the life of the mortgage on a PPI policy that I didn't know I had, that would never have been any bloody use to me anyway. Can anyone tell me if there is a way of getting it all sorted? If it's all too complicated, I understand... That certainly seems to be the view of the 'professionals' at the PPI reclaiming companies. Thanks in advance.

Hi I don't know if anyone is aware of the case law of Phoenix Recoveries (UK) Limited v Kotchea, Court of Appeal 26.1.11. A summary of this case is that a discrepancy as to interest rates was different. K had a strong prima facia case that the interest rate charged in 1998 which would have been specified in the document that he has signed were not those that appeared in the terms and conditions that were in evidence. The interest rate under a consumer credit agreement was a term of central importance. Section 78 required the creditor to supply a document which sets out the original terms as to interest rates. P had not shown that the obligation has been satisfied. It would therefore be appropriate to set aside the Judge's order in the original hearing. This case can be used if you need to defend yourself in proceedings. If the figures don't add up, no add up no pay. Also check who the Claimant truly is, prove of ownership is vital. This can be done by asking for a notice of assignment and deed of assignment as well as the credit agreement regulated by the Consumer Credit Act in the prescribed terms. The debt collection agencies and their solicitors seem a little shy when asked for this information and take to the hills. Hope this helps.

Dear xxxxxxxxxxxxxxxxx, The 2 accounts (***** & *****) have been under investigation of Premium Charge evasion due to the inconsistent nature of betting activity conducted across the accounts. Specifically, it is clear that the activity conducted across the accounts is the distribution of a single betting strategy. In respect of the Premium Charge we provide an allowance against the first £1,000 of charges that would otherwise be incurred by any customer and also exempt customers who have not bet in more than 250 markets. Additionally, higher rates of Premium Charge may apply when a customer’s lifetime net profits exceed £250,000. It is plainly unrealistic to expect to distribute activity across more than one account to benefit from an allowance per account and/or continual exemptions by ensuring less than 250 markets are bet on via each account; or to ensure that the lifetime net profit remains below the threshold above which higher rates may apply. To that extent, from this week onwards, all accounts listed will be linked for the purposes of calculating the Premium Charge. To week 759 (23:59 Sunday 20th July 2014) the distribution of activity across the accounts has resulted in the underpayment of Premium Charges to the sum of $1,098.01, this amount has been debited from the ‘*****’ account and this account has been suspended. Please be aware that this attempt to evade the Premium Charge is in breach of Betfair’s Terms and Conditions. Your account will now remain suspended until the afternoon of Wednesday 30/7/14. I trust this makes the position perfectly clear. Your activity on Betfair is conditional upon your acceptance of our Terms and Conditions, and I must repeat that operating accounts in multiple names in order to conceal the true identity of your activity will not be tolerated by us. Yours sincerely, Betfair Pricing The accounts belong to me and my brother, we live in different countries. So Betfair are trying to say that if you and someone else have similar betting strategy then you're one person and they have to charge you? Any Advice? xxxxxxxxxxxx

I ordered a carpet around a month ago from Carpet Right. Today, the fitters turned up to lay it, only for me to realise that they had brought with them, the wrong carpet. One of the fitters then phoned Carpet Right, and he was told that the wrong carpet had been put in packaging that my carpet ought to have gone in. ie. it had been mislabelled. Now, I have been told that the correct carpet cannot be laid for another two weeks. So, I am now in the position of having a hallway, stairs, and landing just covered in underlay. This is obviously a huge inconvenience. My question is this. Am I legally entitled to some form of compensation. Does anyone know what the law says, if anything, regarding cases similar to this. Regards xxxxxxxxxxxxxxxxxx

Hi. The following is an account of pain frustration & as yet unresolved problems with legs. Last October 2013 I started to get inflammation in both my legs, this became cellulitis (noticeable sores and swelling) for which I was prescribed antibiotics. At this time, close to the end of 2013, I knew there was a more serious problem here than just the outer signs. There was a horrible taste of bile in my mouth, like poison and there was some major infection going on down there somewhere. The legs still bad as we broke into the new year:- (picture from Jan2014 - both legs in similar disarray) [ATTACH=CONFIG]52196[/ATTACH] Being an MS patient my ms nurse was quite concerned at this point and I got an appointment for a vascular scan at the local hospital (walsall manor). I went to the appointment and was scanned at beginning of February, I still hadn't heard back from them a couple of months later so I asked my GP who said he had the result but I needed to wait for them to contact me. By this time (march - june) the legs are still seriously going through shape changes and extreme swellings and soreness for which I have had no admittance to a hospital and just waiting and waiting and waiting. I had tried to get admitted during the times I was getting ballistic cramps in the legs (oh yes, those were no fun at all!) but they sent me home with another antibiotic course of meds. The hospital still never got back to me. A very kind lady from new-cross hospital who was seeing me for a neuro appointment, heard my plight and was horrified at my legs and my situation. She chased up my GP, wrote to him and so I went to see him yet again and the results from the scan had said that the veins seemed overall ok just some slight deviations from the norm. I still have not heard from the manor hospital regarding actually getting me in to determine what is actually wrong with the legs. I have an MS nurse, she very kindly prescribed me some Baclofen to help fend off the cramps and they are for now doing just that though it's touch and go some days. Below are some recent pics from June so you can see for yourself what it is that has been causing me this frustration for which I have been in much pain and distress for almost a year now without any definitive diagnosis being given. [ATTACH=CONFIG]52197[/ATTACH] [ATTACH=CONFIG]52199[/ATTACH] [ATTACH=CONFIG]52201[/ATTACH] On the medical side, I am awaiting a 'skin specialist' appointment, the appointment is as yet not confirmed so I will have to wait yet again to hear from them when this is going to be. I recently looked into water retention as the problem, which I found myself online and I have just started taking some herbal based water tablets which I purchased myself. I have started to feel some ease in the legs but it's early days as yet regarding these water tablets but I'm hoping they will help a lot ease the swellings. It seems also, that one of the tablets I am prescribed for high blood pressure, Amlodopine, may have caused this reaction and retention (my GP has never mentioned or is even aware that I know about this, as I only just found out myself online that it can cause this water retention problem albeit very rare to do so. Meanwhile I continue to periodically take photos, continue to wait and wait while nothing seems to get accomplished for something which I feel I should have been admitted for a long time ago (and I do NOT like being in Hospitals, so for me to say that, well, draw your own conclusions). This has been going on almost a year (approx 9-10months) a time in which sadly, the NHS seems to have just dismissed me and passed me over from dept to dept. I feel something should have been done a lot sooner, I am still worried I may lose my legs entirely if this is not sorted soon. If anyone has any help with this or has had similar experience... I don't want to pursue a legal thing particularly, it's just I want the suffering and unease in my legs to go away. Even before all this, my legs were affected by my MS but they just would go numb or ache when walking to far but this, THIS is much much worse.

Hi all Need a bit of advice please and I'll try and be as brief as possible. Had an issue for the last 5 years almost with a M&S card I have CCA them and they cannot show me a legal agreement despite many threats of court action and several DCA chasing me. A weird thing happened about 18 month ago when it disappeared from my credit file for about 3 month and then re-appeared under the DCA Merlin who were the ones chasing at this point. I would now like this permanently removed from my Credit File but it now looks like its only existed for 18 months so what should I do 1. Write to Marlin and ask them to explain why this debt looks like its only 18 month old when I have several letters going back years or 2. Sent the SB letter to M&S ? (also can somebody link me to the SB letter please.) As always any advice very very gratefully received S

Hi All any help would be appreciated. I have purchased an item on ebay, and the seller asked for payment by Bank transfer. I (stupidly) sent him £260 from my nationwide account. He then gave me a fake tracking number for the item, and of course nothing arrived. I have contacted him about this, telling him I will contact the police etc and he could not give a flying.. . To be fair his English makes me wonder if he is about 7 years old. contacted my bank. Won't help, cannot get the money back. I mean I am guessing my money is gone. Forever. But I have this guys details from ebay, all the emails, what can I do? I don't want him to get away with it..

Hello, I wonder if anyone could help. I'm sure you've all heard of the Makeover Photo shoot con in London and seen them on Watchdog recently. I entered to win a free makeover by magazine this year and was called and told I had won. I was told I could bring up to 5 people and we would experience a celebrity style makeover with top London make-up artists and hair stylists, drinks throughout and an elite photo shoot followed by dinner in a London restaurant for us all. Naturally I was over the moon as I have never won anything before. I invited my friend and because we live 2.5 hours away from London we decided to bring our husbands for company/safety and to stay overnight in London, otherwise we wouldn't have been able to have the meal as we would need to catch a train home that evening and would be too late. They took a £120 deposit from me which they assured me would be returned and was redeemable against photos. What they didn't tell me was that the purchase of photos was mandatory and that the minimum cost would set me back £400. Had I known this I wouldn't have gone because I just don't have that kind of money. Anyway, off we went to London blissfully unaware that it was a complete con. We arrived and had a speedy and shoddy makeover by a very young just qualified Makeup artist who was also the 'top London Hair stylist'. The drinks served throughout turned out to be 1x orange squash. The photographs were awful! Really cheesy and tacky. When we were shown them we were stifling giggles because they were so terrible and we looked awful. We soon stopped laughing when we were told we needed to buy 11 photographs for £400 otherwise we would have to pay for the makeover and shoot which was worth £800 and would be subject to court action. We asked which part of the experience was the competition prize and were told the free Makeover and shoot was the prize but now we needed to buy the extortionate dis-proportionate pictures- or else! After it got heated we had to get up and leave without the return of my £120 deposit and with no evening meal as promised. We were absolutely starving, thirsty and shattered form all the travelling and waiting around. I'm sure if our husbands were not with us it could have turned nasty and I have seen that for some women it has, with locked doors and physically being held against their will till they paid. The long and short of it is that myself and my friend and our husbands are out of pocket because of them. We paid for train tickets, accommodation, an evening meal, tube tickets and refreshments plus our husbands lost holiday time from work in booking the time off to accompany us. We have lost over £700 being involved in this [problem] (including the deposit) and I have opened a court claim online against them in an attempt for reimbursement of our expenses. I opened the claim on 24th May, it was issued on 27th May and deemed served on 1st June. The Makeover company issued an acknowledgement of service right at the eleventh hour on Sunday 15th June and as at 1st July there was no defence listed as being received and I had nothing more in the post so I requested judgement on 1st July. I have logged in today to MCOL and it says that judgement has been refused. Why could this be please? I thought I had followed the correct timeframes and done everything by the book and there is no defence so why have they refused to grant judgement? In addition the makeover company have been calling my mobile leaving messages asking me to call them but I want everything kept in writing as evidence since this is now a legal matter and I will have no proof of anything they say to me. The way I understand it is that I am not obliged to speak to them over the telephone. I am sure if they genuinely wanted to negotiate with me and make an offer to resolve this it would be done by the book in writing. Going by the fact that they operate a business ripping people off, you can understand I don't wish to speak to these people on the telephone. How do I proceed with this now? I thought the timeframe for their defence had elapsed and with no defence should it not be judgement by default? They've had plenty of time to put their side across but haven't bothered yet. I don't see what defence they have to be fair, what they do is daylight robbery! In the meantime I'm an extra £60 down trying to get justice not just for the return of the expenses these jerks cost us but also to help stop them doing what they're doing to vulnerable girls and women. Please could somebody advise? Thanks guys x

Hi There everybody I have two questions to ask; Does anybody know the "Practice Direction" on case summaries ? Does anybody have link, to a case summary template for use in a multitrack claim ? Any advice would be really good. Thanks in advance Tony

Hi I wonder if you can help, I think this forum is amazing and I would appreciate some advice please. Can a Respondent use the Henderson and Henderson argument of abuse of process (ie: you can't get a second bite of the cherry) if the claim was referred to before but only at a preliminary hearing and not in the ET1 but as a head of loss on the Schedule of Loss and was dismissed during the case management orders? (That claim went to a full hearing and I won the right to receive occupational sick pay instead of SSP.) At that first preliminary hearing the Judge told me to "put a claim in" when he heard that holiday pay was previously underpaid and this was a continuing occurence. However, the Respondent is relying on the word "dismissed" in their argument for getting the claim thrown out, even though the claim had not been advanced as it was during a preliminary hearing. (Something in my daze prevented me from telling that to the different Judge at the new preliminary hearing for holiday pay, as their barrister certainly didn't!) Also, the old schedule of loss only referred to statutory holiday pay, but I found that I was entitled to contractual holiday pay out of time to amend the ET1 (this entitlement was in my contract which I had not seen since 2002 but they disclosed it 2 days before the hearing) so I put in my new calculations in the new claim. So it is a new claim with different particulars and a different starting date and I only knew about the contractual benefits when I saw my whole contract 2 days before the first hearing during a late disclosure from the Respondent - which outlined the benefit that they had withheld since 2002. (I only got the occupational sick pay during the first hearing since it was on the ET1 as "unpaid sick pay" but at the time of filing I had only ever received SSP for some of the time I was off sick). Also, to explain why I had not seen my contract since 2002, I didn't have the need to as I liked my job, but they cut my hours recently - calling me a casual worker, which I disputed since I had regular hours for years. I hope this makes sense! Any advice (or reassurance would be great as I am representing myself). Many thanks in advance! PS: Extra information: At the first preliminary hearing the respondent pleaded” ”The Claimant's ET1 does not disclose any claim for holiday pay, whether by way of a wages claim or under the Working Times Regulations 1998. According such a claim is not before the Tribunal for determination". In response the Judge made the following Case Management order: "The claim for holiday pay appears only in the Schedule of Loss and is also unquantified. It was not included or referred to in her ET1 and is accordingly dismissed".

Hi, Just looking for some advice / reassurance. On March 16th, there was an incident where I am being accused of travelling without a ticket with the intent of not paying. This is the Revenue Protection Officer's word against mine - - and lets just say he wasn't the most friendly RPO in the world. The case is to be heard in court this Thursday. I am also being prosecuted for what SWT think was abuse to a member of staff. I can clearly say that their version of the word "abuse" is different to what you and me think it means. I was prosecuted for bye-law 18(1) in February 2011 where I had to pay a total of £208.70 in costs, this is a second offence. Please don't judge me. Both times I have intended on buying a ticket from the guard. Having spoken to two solicitors, they have assured me and are pretty certain that this will not be a prison sentence, even though this is a second offence. They just said my wallet will be a little lighter than it has been. To save me from explaining it again, this is the letter I wrote when I received a letter from South West Trains saying they were "considering" prosecution. Any advice / thoughts would be appreciated. ... and please don't give me the "you avoided payment, you deserve what you get" as I have seen a lot of that on the forum! LETTER TO SWT: I am responding to your letter regarding the incident on 16th March. I arrived at London Road (Guildford) train station just as the train was pulling into the platform. Instead of going from London Road to London Waterloo, I went from London Road to Guildford and then up to London Waterloo. Having done this once in the past, I learnt that it is a much quicker route rather than going via Clandon / Effingham Junction. I was unable to find a guard on the train from London Road to Guildford to buy a ticket, searched for the guard on the train from Guildford to London Waterloo. The guard on the train from Guildford to London Waterloo said he didn't have a ticket machine on him he was therefore unable to serve me a ticket. He was very polite and told me that if I explain the situation when I get to London to the staff at the barriers, they would let me buy a ticket. On my arrival at Waterloo, I went straight to a member of staff on the platform – who turned out to be a Revenue Protection Officer. From what I remember, I think his name was XXX? He was stood next to the train already serving a customer when we pulled into the platform. When he finished serving the customer, I explained the situation to him and told him why I was unable to buy a ticket and what the guard told me on the train from Guildford. I said I would understand if I was given a penalty fine as I boarded the train with no ticket, BUT I did search for the guard. When I said this, he was very rude to me saying it's not up to me whether I am fined it's up to him. I then said to him that I would like to be served by another member of stall less rude than him, and he told me to go and find someone. He then said "Go on then. Find someone else, but you won't find anyone". I understand that your officers need to be stern, but surely this is completely over the top? I then called over two Police Community Support Officers who were standing by the barriers on the platform as I believe the way the Revenue Protection Officer was speaking to me was unacceptable. They told me not to worry and that they could see I was being treated unfairly by the member of staff. I said to the Revenue Protection Officer that I was willing to buy a ticket for my journey, but he wouldn’t let me say anything and kept interrupting me insisting I was being rude to him and breaking Byelaws. Not knowing what a Byelaw was, I asked him and he refused to give me information or details as to what it meant. Following this, I said to him that I work for XXX and that I had recently heard from a number of staff and journalists from work (and other companies) that the manner of staff at South West Trains was unacceptable and more and more people were raising complaints. Your Revenue Protection Officer then told me I was using my job as a threat to South West Trains. This was not the case at all. I value my job too much to use it as a threat. I then demanded for the Revenue Protection Officer to call for the station manager. The manager came down (after a long 15 minute wait) and at the start he was really polite and understanding of my situation. he then then went over and spoke to the Revenue Protection Officer. The manager returned to me, also telling me I have broken two Byelaws. J ust like the Revenue Protection Officer, he refused to tell me what this meant either. I was then told by the manager to leave the train station otherwise the situation would be taken further. I asked yet again if I could buy a ticket and he said no, just leave the station. May I ask why: a) if I was a fare dodger, would I have tried to find the guard or a member of staff at Waterloo b) had I been intent on defrauding South West Trains, would I give my real name and address I made an effort to pay my train fare, but was met with rudeness. I have been a regular with South West Trains for over 5 years – using your service at least 5 days a week – spending nearly £20 each day. Never before have I been faced with these issues. I am still more than happy to pay for the journey from London Road (Guildford) to London Waterloo, just like I have been from the moment I got on the train to find the guard. I would be grateful if you could give this letter your consideration as it is the truth. I repeat - I was the one who approached both the guard on the train and ticket inspector at London Waterloo. By trying to do the right thing I appear to have left myself open to accusations.