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  1. Hi Everyone, I've recently had a Potterton boiler installed by British Gas. British Gas have given me Homecare for the first 12 months, but I'm very disappointed as Potterton only give you 15 months warranty from date of install, after which you have to purchase one of their price plans. Now if I purchased for example a tv or washing machine, even though I only have say 1 year's official warranty, I'm sure the EU law (Sales of Goods Act???) states that the product should be repaired I think by the installer or manufacturer if the product breaks down within a reasonable timeframe, say 2-4yrs time. Considering a boiler should last people 5+ years, what does the EU law say about boilers? What can be done to enforce this should a situation arise?
  2. If a DCA has requested a CCA from the OC, is there any reason why the OC would not supply them with one? The OC assigned the rights to the DCA a while back. I have evidence that the DCA has requested this, but they have still not been sent it by the OC. I have r'cd the CCA I requested from the OC, along with all the evidence I sent them at the time of application e.g. bank account statements/letter etc.
  3. I have just received the following Media Release: MEDIA RELEASE 7 January 2014 For immediate use New Director General for CIVEA ascivil enforcement enters new era The Civil Enforcement Association (CIVEA) is pleased to announce the appointment of Stephen Caven as Director General. His appointment will be effective as from 1st April 2014 but for a two month period from that date he will work alongside the current Director General, Dr Steven Everson, to ensure a smooth transition. Stephen Caven is a qualified lawyer who began his career in private practice. Moving into management of the magistrates’ courts he progressed to the national management team for the Civil and Criminal courts in England and Wales. As a Senior Civil Servant at the Ministry of Justice he has been involved in the development and implementation of a number of successful policy initiatives. He also has some recent experience in voluntary work for Citizens Advice and working for Victim Support. Paul Caddy,the current President of CIVEA, said “I am delighted that Stephen will be joining us as Director General. Liaison with stakeholders and lobbying government are key aspects of this role. Stephen brings a wealth of experience of working with a range of stakeholders in the public, private and voluntary sectors. His knowledge of the machinery of government will be invaluable.” Stephen Caven commented “I am very much looking forward to working with the members and Executive Council of CIVEA as we implement the long awaited legislative provisions in the Tribunals Courts and Enforcement Act 2007. The Association has successfully advanced the case for well regulated enforcement which is effective whilst ensuring appropriate protection for the vulnerable. The new arrangements should bring welcome transparency on fees and clarity on procedures. As we embark on implementing these comprehensive reforms I am determined that we will continue to speak with a strong voice on behalf of our members.” Steve Everson, the current Director General, said “I have every confidence that Stephen will prove to be an invaluable asset to the association in the years to come and assist the association and its members in facing the numerous challenges that the new regulations will undoubtedly bring.” END
  4. Hi there, would really appreciate some advice on this matter as I'm not sure if I have been treated fairly or not. I bought an Indesit condensor tumble dryer 5 and a half years ago and after the manufacturers warranty expired I took out a new warranty for the machine with Domestic and General. I pay just over £7 a month for this and over the years have had them out six or seven times. The last three home visits have been in the last five weeks. The first visit was due to no heat from the drier, the engineer fitted a new water pump and went on his way. However, this did not fix the problem -consequently he came back within the week and fitted a new element which did resolve the problem. Ten or so days ago the drier started tripping the electrics and I contacted D and G again. The engineer came out after about a week's wait and said the machine was cursed and didn't seem to be wired up correctly. I went to do some housework and came back down to smoke in the air -the machine had actually caught fire whilst the engineer was running it! He said it would be about a week before they could get new parts. After he went I became quite scared thinking about what had just happened and how much worse that could have been - I have a young child and a baby in the house. I rang the complaints line at D and G and wanted to know why the machine couldn't just be written off, that I was quite frightened by it etc. Today I received a phone call from the big cheese at D and G saying that she had read the engineer's report and that a new back panel was needed including a new circuit board and the machine would not be replaced when it was deemed repairable. I said I wasn't happy with this outcome and that I really wanted a new machine. She then proceeded to tell me that if the machine caught fire within 28 days of the repair, then THAT is when I would get a new machine. I was quite astounded that my family could be put at risk in this way, since I have totally lost faith in the machine. She said she was the highest person I could go to unless I wrote to the Director-General. What do you think? Is what she said reasonable? Or do I have a case to pursue this further? Any advice or opinions would be welcome.
  5. Hi All, Been trying to find out what benefit is my partner getting, as in how much a month and we are getting nowhere. Short story me and my partner are planning to move in together somewhere next year and are trying to work out financial side of things. Brent council is very unhelpful here. Currently she is getting child benefit for 1st child, child tax credit and some other. She is a part time student, full time employed at just under 16k a year and a single mother. No help from her X. As mentioned we are trying to work out how much she is getting in benefit bar child benefit as that is fixed. She does not see any of the benefit money (again except child credit) instead she is paying reduced rent while council covers the difference. House is rented via council so they only tell her how much she needs to pay for rent. We tried calling them but just get pushed around. All we managed to establish is she is getting one single benefit that is a mix of few older ones (housing, child tax credit, working tax credit). No idea how much she gets in total. We need to know how much is benefit so we know how much she might be worse off when I move in. I am getting 24.5k so we are certain she will loose all benefits? We were also thinking for her to go work part time to help with university. Would she, we be entitled to some benefits if she did that taking in to account I would still work full time with 24.5k. At the moment it looks like council does not want people to know how they work out benefit or they also have no idea. Of course as usual when you try to be honest they duck you up.
  6. Hi everyone. You have been so helpful recently, I'm hoping you can advise me again. We had somebody come to plaster our toilet ceiling today but when he removed a panel he found that it was extremely damp inside and that no insulation had been used. The toilet is in a single storey extension that was already built some years before we bought the house 12 years ago. We've just had a quote and it's going to cost £5000+ to have the entire extension re-felted. My husband has called Swinton who arranged our insurance but they said it comes under "wear and tear" so isn't covered. We're not replacing something that's worn out, we're installing something that was never there in the first place - can they genuinely refuse a claim under this clause? Please can you advise? Thanks. Lynette
  7. About two weeks ago I received notice of from Domestic and General about need to renew an insurance policy on my Freezer (a proline UFZ180P6). I notice that the cost was £66/yr and that it would renew automatically if I did nothing. The freezer is now over 4 years old so I thought spending that much is not good value. I'd prefer to get a new one if it broke down, or get a refurbished one at near to same cost of £66 (yes British Heart Foundation are doing some good deals). But I notice that to cancel the insurance means I'd have to call an 08444 number which costs me 5p/min. I don't like that- even though I could afford to spend 100 times that in a day because I'm rich. It's just the principle that offends (can go into that another time). So I get onto their website where I spend 15 min cancelling (or so I thought) their insurance. But the email confirmations I get next day don't reflect cancellation. So two nights later I decide to try again and this time it seems to be cancelled. Yes - I have loads of time and my principles tell me that for the greater good of all I spend my time like this. So that's say 30 min total. Which is not great but I'd rather spend that time than give them 5p I thought, if it's worth cancelling. But no. Read on. This morning I receive two pieces of correspondence both undated - and it seems that this is now standard practice in this country of late. So you can't really work out when correspondence is generated - advantage to 'big business' methinks. [ATTACH=CONFIG]44694[/ATTACH]1st opened correspondence says "Ensure continued protection of your Freezer" - renewal date 27th June 2013. Annual fee "£66.00" - as it was on correspondence about two weeks ago. So methinks fine that's just them plugging that which I refused. [ATTACH=CONFIG]44693[/ATTACH]2nd correspondence opened tells me that "Your freezer is now Protected by Domestic and General". So I'm like wut! (and holding back from telling you the expletives that were running in my mind. Don't want to breach forum rules ). My time has clearly been wasted going online. I'm not happy. But I note that it's the same policy and same freezer but now the price I've been billed was £29.00!! The date of issue was 15th June 2013 (but that's not the date on the correspondence - which is as I said undated). I call D&G on their 08444 number spending my 5p/min now. They introduce the call as being recorded for quality and monitoring purposes, so I decide to record the call too - and I let them know this later on. The phone takes 5 min to answer. So you bet - I was firm but in no shape or form abusive. After giving all the relevant details they go "That's cancelled... on our system". And I go (WTTE) 'well you say that now, but I could have no knowledge of that and your conflicting correspondence'. I outline that I've wasted my time online and now the cost of my call and my personal time chasing an issue that is their fault. So I've spent in total about 40 mins and paid for the 'pleasure' - if you see what I mean. It's not fair!! At this point - and it's the usual - with most call centre people - I start getting cut up in mid-sentence. So I say "I notice at this point that your cutting up what I'm saying and that predicts that you're about to label me as a hostile customer and put down the phone, but as I am recording this call and your company is too, I must let you know that I have not been hostile to you and have used no abusive language. I expect you to listen to what my dissatisfaction is". So I explain that it is about the confusion and the waste of my time. I then say that I expect to be compensated £5 for the waste of my time and the cost of my call. The woman then goes (WTTE) 'I don't know what you mean'. I respond, 'you know exactly what I mean' and I repeat myself and state that I expect a check for £5 within 10 working days. I then put the phone down with 2 seconds notice. I'm not about to explain the meaning of words to a person on the other end who is fully fluent in English. I stated my case. Some who read this may think this is about £5. I'll let you know now it isn't. I don't care much about £5, it is the principle of how large companies waste our time. If I spend 30 min on line I expect to get it right. I don't expect to have to be followed up by conflicting correspondence, then have to make a phone call that costs me 50p. It's pure rubbish. Just to let all know I spent similar amount of time with Tesco for £1 mismatch on their price, and on that occasion they offered me £5 for my time - which I did not in the end accept (simply because it was sufficient that they offered as a recognition of getting it wrong). This is about how big companies play a numbers game. Game you wonder. Yes - did you notice that the price at D&G was £66/yr - and that following my attempts to cancel the evidence leads me to conclude they quickly renewed before 27th June at £29. My second online attempt to cancel must have gotten home and that's why at 24th June (today), it appears on the system as cancelled. This is a numbers game, cuz I reckon that of 1000 customers companies treated in this way, probably at least 10% get hooked. Something is wrong with business in this country - and something is also wrong about consumer vigilance. That's why businesses know that with a certain percentage they will 'get away with it'.
  8. So I have a job 'interview' next Thursday afternoon. Job is being advertised by an employment agency - i'm told it will take about 2 hours and will be a group thing. As whilst we're there we will be undertaking health & safety or food safety training (can't remember which now). This seems strange. More like an induction than an interview. Anybody come across this?
  9. Hi Hope you can help I got a general form of judgement or order from dartford county court. This was a surprise as knew nothing about going to court for anything . It's states : Upon application of 12tg June having not been lodged at court until 17th June the claimant ( south east water) having failed to comply with CPR 71.3 or 71.5 It is ordered that 1- application dismissed 2- the court has made this order of it own initiative . You are entitled to apply to have this order set aside, varied, or stayed but must do so within 7 days from the day on which us order is served upon you or such a other period as may be directed above Dated 13th June This is all this letter says and I can get hold of dartford court to find out what this is what I do!!! I've now had a bailiff at my door twice demanding money and I'm not sure whether I should be paying something or not as I read the letter that it got thrown out of court and the bailiff letters have that it went to court in February!!! I'm very confused and if anyone can help I'd be really thankful
  10. Hi I would like general advise please long story short, i am living with my family and now on verge of leaving and now my circumstances will change, particularly my outgoings which will mean i will no longer be able to pay the minimum payments for the loans and cc. if i continue paying the minimum payments, all my debts will be cleared off in 3 years, however due to personal circumstances i wont be able to afford. i have been advised to consider DMP or IVA as my oustanding ammount is in excess of 15-20k. before i make this change, i will be consulting with companies like payplan or step change and wanted to query if they 'check' my outgoings for example request my past three months bank statements etc. because im sure they will be interested to know how i managed to cope for 4 years and why not now. Regards
  11. Hi All. I have recently been served with a General Form of Order obtained through the county court. I should point out I was expecting it. My question is that the order states: The claimant recover against the defendant the sum of £12,328.19 for debt and Interest and outstanding utility bills to date of judgment and £450.00 for costs amounting together to the sum of £12,778.19. It is ordered that the defendant pay the sum of £12,778.19 to the claimant. What steps can the Claimant go through to enforce this? Is this automatically a CCJ? What form do I need to ask for time to pay via instalments? Any help much appreciated. Steve
  12. I recieved a default notice in March 09 from RBS concerning being in arrears on a loan agreement. The letter stated I must pay the arrears of £400.00 by April 09. I rang RBS and explained that I was unable to pay at this time, and asked if I could defer payments to a later date. I was told that this was not possible as the agreement had been terminated. I have now received a Judgement notice ordering me to pay the full amount plus interest and costs. I was not even aware that the matter was being taken to court, and had no opportunity to state my case. I am unable to pay the amount in one payment and really worried that now I may face having my goods removed & sold. Is there any advice you can give me please.
  13. I understand dear paul had an a surgery How did it go Paul hope your are better now we all missing you Uday
  14. Hi All, I was dismissed on grounds of gross misconduct on 30th November 2012. There were two reasons for this dismissal outlined in my dismissal letter:- 1, That i instructed, either directly or by "inference or omission", someone who reports to me to to falsify company documentation. 2, That I failed to correctly hand over information relevant to the issue above and in doing so failed to follow the company Quality and Health & Safety Procedures. The incident was investigated independently (internal, different department) where the two issues were highlighted and disciplinary action recommended. There were a number of mitigating factors highlighted and as such the requirement for disciplinary action was to be based on a balance of probabilities, i.e. was this intentional fraud and an attempt to cover it up. There are a number of issues surrounding the investigation and disciplinary process that did not follow the company procedures: - 1, The Company Disciplinary Procedure states that any disciplinary action will be proceeded by a full and prompt investigation. The incident occurred on the night shift of 30th of September yet, although it was immediately apparent, was not investigated until 24th October. When the investigation took place it failed to interview all the people that could have clarified the first point. 2, The charge of breaching Quality and H&S procedure could be levelled at nearly any mistake but if this was sufficiently serious there are reporting procedures for reporting both Quality and H&S failures. No such reports were raised as, at the time, nobody saw this as that significant. At my first disciplinary hearing on 13th Nov it was not made clear to me exactly at what level I was being disciplined i.e. there was not a statement saying "you did X and Y and this constitutes gross misconduct". This is important as this hearing went on for over three hours and was more of a fishing/muck spreading exercise. In the last 15 minutes I was shown a set of notes claiming to be notes of two conversations me and my manager had on the 5th & 15th of October (also failure of procedure not to disclose before hand). These notes contradicted my recollection of events and, on the surface, appeared to cast doubt on my truthfulness. This hearing was suspended, as was I, until the meeting was reconvened on 27th November. The second hearing was relatively brief and added little to the matter. I was informed in writing that I was to be summarily dismissed on the grounds of gross misconduct effective immediately, I appealed this decision on the 21st of December and I was informed in writing on the 7th of Jan 2013 that the appeal was not upheld. In their response the company agreed that there was no evidence that I had intentionally instructed the falsification of documentation. They withdrew the notes of 5th and 15 of October as I had shown them to be either poor reflections or in fact fictions. They withdrew claims that testimony supported their case when it did no such thing. Instead they have liberally sprinkled the word Neglect around and are stating now that the reasons for my dismissal are unchanged. They are basically saying that through neglect I caused the falsification of company documents by inference or omission. There are many mitigating factors surrounding the initial mistakes which I have not had an opportunity to defend. On paper this incident looks serious to those not experienced in my field but in reality there were no consequences and could have been no consequences because of these errors. There is a general level of shock and outrage amongst my former colleagues that this has happened. I could go on all day, but thanks for reading and ANY advice is greatly appreciated. Damion Edit, sorry I have the full account in a word document which is currently at ten pages and getting longer, I'm trying to condense this down a little for the ET1 and clarify reasons that will appeal to a tribunal.
  15. Hello everyone I'm new here after discovering this website whilst searching the web about gym memberships. I'm thinking about joining out local Virgin Active in Leeds and could do with some general advice, pitfalls to avoid. I've never used a gym before, I know from reading about them that they can be quite expensive and some members of this forum have been having a few problems. There are probably cheaper options than using the Virgin Active gym but I really like the idea of finishing work at 6am and just chilling out in the spa - I mean running on the treadmill! I was thinking of just turning up one morning and asking about membership prices and taking a look around, would this be advisable? Thanks for taking time to help. Spud
  16. I have 2 credit cards with a combined debt of £14,000, I also have smaller debts of £150 which can be dealt with As well as the debts I have a £30,000 mortgage, with repayment s of £210 per month, with NR, which I am trying to move to my bank RBS. It seems banks are only giving 70%ltv, this only gives me a small amount to maybe clear one small debt; are there any banks that go to 90% which could allow me to clear most of my debts, and make them manageble In the last year, my health has not been that good, so I dont work as much as I used to, used to work 40 hrs pr wk, but now I only work 26 hr per week. I am hoping this year I can claim tax credits which would go some way to applying of my debts, as well as an increase in hours to meet conditions to claim tax credits Since I am starting to struggle with payments, for credit cards, elec&gas bills, council tax, I find my self falling behind, but somehow manage to make the payments; currently I pay out £240 to barclaycard, £150 to Halifax. Just had my Ele&gas bill of £320, which I just paid I am looking for information on trust deeds in scotland, and debt plans, it more I am looking for who I should speak to in the glasgow area
  17. I dont have a loan or any debt to this company now but ive emailed them asking them to remove my account, my details off their databases, card details, and phone numbers yet i can still log in. i received a response saying they confirm i dont have a loan or any outstanding balance and that they hope to be of service again... is there anything more I can do to remove my whole details off their systems does anyone know?
  18. Hi guys Wondering if one of these is actually classed as a ccj or if a judgement will follow and this form "allows" judgement to be entered as such for the claimant. The order was: 1. There be judgement for £x and £x interest 2. Defendant pays costs summarily assesed at £xxxx
  19. I saw something on the web about digitally signed CCA's and wondered what legality they have compared to physical documents? If I physically sign a piece of paper I can tell if a CCA sent to me has my signature on it or not, but how do I do this if the DCA say that I signed digitally? Thanks!
  20. I have taken my local garage to the court under small claim, he has now failed to file N152 Allocation Questionaire to the court. I received an order and it says :" your defence/counterclaim will automatically struck out without further order of the court" The notice is served pursuant to paragraph 2 (2) of the practice direction supplementing Part 51 of the civil procedure rules. I now have to get judgement entered on his name and bailiff to get my money and also interest plus compensation, how and what is the procedure for me to do? Kindly please advise since i am lost here. spoke to the court staff today she said he has not filed and the defence is struck out you need legal advice we are not trained which is true.
  21. ok, my wife came out of work last year this meant we could not pay any non essientail debts. most have been defaults now although some are still in the process of going through now. we could not pay anyone anything, not even a pound a month as suggested by CCCS. she has now start employment again and we have started to pay everyone 10 pounds p/m until we have full income and expenditure details together. we owe around 30k spread across 8/9 creditors some are accepting 10 pound a month, which i will only arrange on a direct debit. some not accepting this. any advice please? should i cca, does this apply anymore? or sars request. i dont think we will be able to pay more more than 10 pound p/m to them.
  22. They send letters threatening doorstep visits but how many actually follow up on that threat and send someone?
  23. General Norman Schwarzkopf who commanded allied forces in the 1991 Gulf war has died at the age of 78 in Tampa, Florida. Schwarzkopf, who was given the nickname of Stormin' Norman, led the invasion of Iraq and expelled Saddam Hussein's Iraqi forces from Kuwait in 1991. More: http://www.guardian.co.uk/world/2012/dec/28/general-norman-schwarzkopf-dies-stormin-norman
  24. I bougth a one year protection plan for my washing machine from Domestic& General, but after an experience with them I would have been better offby buying a brand new machine. On Tuesday 20. Nov. 2012, I booked the date for the repair of my washingmachine and told them it was an electrical problem, as machine was blowing thefuse. The earliest date they had available was following Tuesday 27. Nov. I wasnot happy, but had no choice but to accept that date. Day later (Wed) somebodyfrom their office called me on my phone and asked if engineer can come that dayto repair machine. I said yes, but I needed some time to get home from work.They said no problem and that engineer will contact me in couple of minutes toarrange the time. Nobody rung me, instead I received a text message telling methat engineer will arrive between 12- 02pm. I left my work and went home andwaited for an engineer...and waited...and waited... He never came. No phonecall, no text...nothing! I rung customer services and told the lady my problem. She responded bytrying to sell me their descaling product. When I told her that I am not happyabout it, she tried to contact the engineer, but he wouldn’t pick up the phone. I asked her to book me another appointment and she did, but not even onTuesday 27. November, the date I originally had, but day later Wednesday 28.November. I was fuming but there is nothing I could do. I made a complaint bye-mail, to their Customer "Care" Department, but still did not get areply. On 28. Nov engineer came and guess what? He did not have a spare fuse withhim. Little 13A fuse and he came to repair my machine. I had to go and by fusesfor him from local shop. To cut the long story short, after trying to find the fault for an hour, hehad to give up and told me that his superior will come in about one hour. Hedid come and unfortunately he neither could fix the problem. I was told thatthey need to replace whole drum, but they have to order it, as they don’t haveit in the stock. I was told that somebody will call me next day. No call nextday! When I rung them they told me that they couldn’t give me a date for repair,only when they receive a drum. Anyway, few days later they called me and bookeda day for a repair. Friday 07. Dec, 17 days after I first rung them. It wasbooked as a morning job, between 08am - 01pm. I even got a conformation textday before, that engineer will come in the morning slot. I did not go to work and I began waiting... At 11:30 engineer calls me andjust informs me that he will come between 3pm - 5pm. I was shocked and when Iquestioned it and told him that I have to collect my kids from school at thattime he told me more or less that that was my problem and that he will come atthat time. At the time of writing this 12:30, machine is not repaired yet andGod knows if it is going to be, at all. For one repair, I had to ring them at least 4-5 times, each call lasting15-20 min (most of it is waiting) and to take 3 days off work. Now simple mathwill tell you that I would be much better of just buying a new machine thanpaying £140 warranty + 3 days not paid at work. Not to mention shattered nerves!
  25. hi, called d&g today to book an engineer to look at my servis fridge freezer. i thought it was covered but it appears the plan details are for a zanussi fridge that i have never owned The chap at d&g was very helpful and sorry but alas i am not covered i bought the fridge freezer from my sister approx 10 years ago who had taken out extended warranty on it so contacted the policy holders and transfered the details to me and have continued to pay these up to date. the chap at d&g said the policy was taken out with them in 2007 through comet. but as a say i never bought a fridge from comet. first i realise sometimes these policies are not much good but d&g have just sorted me out with a new dishwasher and cooker (replacements for appliances that i also bought from my sister at the same time) second, yes dopey me should have checked the plan details properly instead of paying £60 odd quid a year for nothing third, i never kept any paperwork for previous years so i have no papertrail to follow and find out what went wrong. i dont think i will get anything back from d&g or from previous policy holders but if anyone has any useful suggestions then please help thank you
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