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  1. Dear all, 31 days ago I purchased a Mini One Convertible with just 39,000 miles on the clock. Today (31 days after purchase, typically just outside the 30 day rejection window) the clutch has started slipping badly. I phoned the dealer who refused to accept any liability. I put pressure on them and they offered me £100 towards the cost of repairs (c. £400). I told them under the Sale of Goods Act 1979 the car was not of satisfactory quality and that, as this fault has developed inside 6 months, the burden of proof is on them to prove otherwise. I told them I would not hesitate to take them to a small claims court to recover my costs should I need to get this repaired privately. They then offered to repair the clutch themselves. The problem is the car is not drivable ( And I am worried they would try and bodge a repair) and their garage is 200 miles away from me. My interpretation of the Sale of Goods Act is that they are liable to come and collect the car or liable for the expenses of having it taken to their garage if they want to repair it themselves.. Is this true? If so I will insist on having the car repaired locally (unless they come and collect it), and if they do not pay the very reasonable bill I have been quoted I will take them to court. Please can someone kindly clarify if I am able to insist they collect the faulty car or fit the bill for have it taken back to their garage? Thanks so much in advance, Nicola
  2. I've just got off the phone from a solicitor's. They have re-iterated exactly what I have said above. Under section 23 subsection 2b the dealer is required to replace the clutch and bear and costs of doing so including the collection of the un-driveable vehicle. I have been advised to put this in writing to the dealer and give them one chance and once chance only to either come and collect the car and repair it, or agree to a local repair where I am. If they fail to do either of the above I will simply commence legal proceedings and I cannot see them having a leg to stand on. I suspect once I deliver an NIP on their doorstep they will cough up! "23Right to repair or replacementE+W+S+N.I. This section has no associated Explanatory Notes (1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)). (2)If the consumer requires the trader to repair or replace the goods, the trader must— (a)do so within a reasonable time and without significant inconvenience to the consumer, and (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)."
  3. I Parked at the rear of Argos whilst I went straight to Argos to pay for the item. It had already been ordered on line. I was gone for no more than 5 or 10 minutes. When I returned to my car, there was a UKPC parking charge on the windscreen. I had parked a few yards away from the collection entrance as there was already a car there, and I didn't want to block any ones way. It was a Sunday and very quiet. There were plenty of other parking spaces available. The ticket on my windscreen states "A Parking charge of £ is outstanding" ....... there is no figure printed there, but if you look VERY closely, the printed amount is on the line below and mingles with further text so cannot be easily seen. I have a receipt from Argos for the item purchased, whose date and time is one minute away from the one on the parking ticket. I went back into Argos to complain, but the girl said it was nothing to do with them as it was not their land. I've also contacted Argos help on line .... and been told to sort it out with the parking company. I've also rung CAB for their advice. I've read some of the threads on here and feel more optimistic. Am I right in thinking that I need to wait for UKPC to write to me before doing anything? I realise that this would mean I might have to pay the £100, rather than the £60 (which is buried in the text) Any help gratefully received. Whatever the outcome though, my view of Argos has plummeted. Also, an elderly gentleman who parked at the same time as myself, got a parking ticket too. they must have been rubbing their hands together that day! The signage did say do not leave your car unattended, but I assumed that Argos owned the land, and being as they tell you to go around the back, that it would be alright to park there to pay for the item. Apologies for the length of this, but I wanted to give all the facts. Thank you P.S. The area I parked in has signs saying "No Unauthorised Parking". It was not a car park you bought a ticket to use. My parking Charge states "Parked in a permit area without displaying a valid permit"
  4. Hey there I was wondering about this for some time. If a debt is sold on to another company does that debt have to be paid? I am presently trying to claim back PPI from a loan I took out some years ago. The short story is that I bought a house and then purchased british gas boiler insurance on their initial visit they conned me into getting a new boiler installed. We could not afford to buy one they offered a loan but I was refused because I was medically retired due to an injury and my only income was a pension and benefits. The BG guy then tried another company in my wife's name and even though she had no income as she was caring for me she got the all clear and her income was what I got lol. Didn't make sense but hey we got the loan The trouble was that we had to agree to pay PPI otherwise we would not get the loan so we were misold the PPI. After a short time we got ourselves into a lot of debt and could not pay this loan. We were eventually taken to County Court and a CCJ was issued against my wife (loan was only in her name). We could not keep up payments so along with bailiffs etc it ended up as a Charging order against our property. A few years later we moved home and the debt was paid in full. That is the background story lol. My wife made a complaint to British Gas about the PPI but we had no information as we didn't have a clue and stress was through the roof etc etc. We didn't keep records and kept burying our heads in the sand. The guy from BG who was investigating the claim wrote back to us saying that he contacted the loan company but they had no records so he could not proceed any further with the complaint ... . Right cop out!! I have since got a lot more information and have sent it to him so he should be able to do some digging. My question isn't about the PPI thing as that is ongoing and we were clearly misold it My question is that the debt was sold on to another company and we ended up paying them the full wack which was over £5,000. Was it lawful for a company that purchased a debt to make a charging order and make us pay the full amount?? Is there any way I can claim back the money I paid to the collection agency that bought the debt now that it has been paid in full. The company was Aktiv Kapital. I see that people are getting off paying debt to these companies so was wondering what the score is?? Thanx for any help in advance
  5. Hello. First post to the forum and well, what a mess. I think I've posted this in the right forum as there is no mortgage involved in this. When I found myself in the incredible situation I'm in, which I will expand on in a moment, I had a look on various help forums to see what information I could find on what happens when a property sale fails to complete after contracts have been exchanged. I found lots of posts along the lines of "in 20 years of conveyancing/being an EA I have never seem this happen" etc. So... Let's see what the experts here make of this. It's quite a lot to get through, but I suspect the devil is I the detail. Around Feb this year I was selling my house due to separating from my partner who wanted her share of the house. The only way to finance this was to sell and downsize so reluctantly I did what I had to do. My estate agent, ill call them SW, found me a buyer, an offer was accepted. After looking around, I found a park home property that I liked which I could buy outright with my proceeds and the thought of being mortgage free rather appealed. I then discovered that you were supposed to be fifty to live in this residential park, and I was just about to turn 49. I should stress at this point, I have not viewed any property, spoken to anyone or made any offers, I was simply aware of the property and the rule. The next thing I did was to office at the front of the park to enquire about how flexible this rule actually was. I spoke to a lady in the office who thought it probably was flexible but she said I needed to speak to someone with more authority than her. So I made an appointment to come back a couple of days later and on a scorching hot day, i spoke to a gentleman we will refer to as Brian. Brian introduced himself to me as the park manager. We discussed my age and the fact I was interested in the two properties that were for sale, and he told me the age limit was arbitrary and was there to make sure that no young people with children etc moved in, and having met me he was perfectly happy. A few days later, I went to the vendors estate agent, ill call them FS and explained that I was interested in the properties, that I was aware of the age limit, that I had been to the site and spoken to Brian the manager and he was happy. Estate agent FS arranged a viewing of the two properties and said he would confirm the age issue. I went to view both properties about a week later one very dark rainy evening and a few days later went back to FS and made an offer. Unfortunately, my first choice was then at this point taken off the market due to illness, so I made an offer on the second property. FS subsequently informed me the offer had been accepted by the owner, Ill call the owner Mr I from here on, and that he (FS) was now happy with the age issue. In May, when I was expecting to exchange i was suddenly informed out of the blue by FS that Mr I was looking at a different property and the whole process had to be started again at his end. I found out through a third party that Mr I has done this before. I made it clear that I was unhappy with this as I was part of a chain. Mr I switched again back to the original property, but for reasons unknown to me other than it was something to do with his ongoing purchase related to the fact he had switched twice, it was still taking an age. It was now June My own buyers were becoming impatient and threatening to pull out if we had not completed by the end of June, and not wanting to lose my purchaser, I put everything I own into storage, put my dog with a dog sitter and planned to move onto a friend's sofa for a few weeks. My completion came and went at the end of June, so I said goodbye to my home and I began to sofa surf. All the paperwork for my purchase was in place at my end, everything was signed and ready and all of my money from the sale of my house plus the difference which I had borrowed from my family was in the solicitors client account. We were still waiting for Mr I. In the first week of July I was informed that we would be ready to exchange contracts the following day. The following day it never happened and I was told that it was due to some important documentation that had been forgotten by the vendors solicitor. Exchange was now a few weeks away again... In the last week of July we finally exchanged contracts and set a completion on Thursday the 4th of August. I was getting excited, looking forward to a new home in a new community and getting my dog back. What happened next is well... Words fail me.. Luckily I have recently installed an app on my phone that records all incoming and outgoing phone calls. Every single one of the following phone calls is recorded in its entirety. Wed 3rd August. 6pm: I receive an email from my solicitor stating that the vendors solicitor had found out I have a dog and a car, do they have my permission to pass on my personal details. This seems odd to me. I am allowed to have a dog and a car, I don't know why this is an issue and everyone has had all my information, in writing, on all forms since day one. Amazingly the lady who sent me the email is still in the office, I manage to contact her and give my permission. I kind of detect from the way she is talking to me there is something she is not telling me. Thursday 4th August, 10.34am: I receive an email from my solicitor stating they have confirmation to proceed, they have a final completion statement from the other side. There is an outstanding payment of just over £150 for the months ground lease which I need to pay as the lease is being transferred to my name. I transfer the money, I ring them to confirm and thank them. Thursday 4th August 1pm: I go to the estate agent to see if they have heard anything and to hopefully collect the keys. They have heard nothing and can't hand the keys over yet. Thursday 4th August 1.30pm: I get a phone call from my solicitor telling me the park owners have put a stop on completion. I am advised to go to the residential park and speak to Brian the manager. On arrival at the park I ring Brian the manager and get through to someone else who tells me Brian has resigned. Over the course of the next few hours I end up speaking to my solicitor numerous times and a gentleman ill call Mark, who is a South England regional manager for the company who owns the residential park who from this point forward is the official spokesman and point of contact for the park owners. In these conversations, which have all been recorded, I learn the following catalogue of errors and points of information as I understand them. - Brian the manager and Mr I, who was desperate to sell his property as its been on the market for a considerable time, are one and the same person. - Brian I, was not a manager, he was a gardener who had no authority at all. He has misrepresented his position to me to assist selling his property. - The lady in the office was another resident who has never been employed by the park owners and should not at any point have been I the office. - The email I received the previous evening was a result of the fact that Brian I, or more correctly his solicitors, were legally bound by the lease agreement to inform the park owners of the sale and the park owners would then process my information and application along to take over the lease and move into the property. This process legally takes a minimum of 21 working days so should have been done at the very least a month beforehand. What had in fact happened was Brian I's solicitor never have the park owners this notice or any information about me until just before close of business on the 3rd of August. Less than 24 hours before we completed. - Both my solicitor, and the vendors solicitor should not have exchanged contracts without this vital step of the lease purchase/transfer being carried out. - Both my solicitor and the vendors solicitor are at fault for ignoring the fact that the age limit for the sale is not arbitrary, is stated on the lease documents and the fact that I am only 49, not fifty. - The park owners are not prepared to be flexible on the age limit, I am 7 months too young. Mark the area manager makes it very clear to me that, and I quote, "if this has anything to do with me, I will not allow this to happen because you are too young and it is wrong". - I am not going to get the keys, the sale is not going to complete the park owners are going to take their full 21 working days to process my application, after which they will accept or decline. - I am told that no money has changed hands officially, but it has been transferred and the vendors solicitors actually have all my money in their account. (£143000) - There has been a suggestion that Brian I's solicitor is going to sue me... After a very sleepless night, as soon as the offices open im on the phone to my solicitor. My solicitors is a very very large company and over the last 8 months my purchase has been dealt with at different stages by at least four separate people and now I find its been passed to a gentleman called Nick who I am told is a senior partner. Friday the 5th 9am: I'm on the phone to Nick. He tells me (and again all my calls are recorded) and I quote, "that I have been shafted by Brian" I and I have a massive strong case for legal misrepresentation but leave it with him to see what he can salvage. The park owners are exercising their legal right to take 21 days because contracts should not have exchanged without this. The vendors solicitor still currently holds all my money and he is going to see if he can get it back, however there is a huge question mark over this because there is a possibility the sale could be forced through and I would then own a property to which I have no right of entry, but then I can sue for costs... This nightmare just keeps on giving. After a very sleepless weekend, on Monday morning I went to the CAB who advised me that my best course of action was to go and ask for my money back and then if it wasn't forth coming make a complaint to the independent ombudsmen. Around 11.30 Monday 8th august, I walked into my solicitors and asked to speak to Nick. He took me into an interview room and we discussed the situation. I put my phone on the table and the whole following conversation was recorded. He kept pursuing the point that I have a case against Brian I for misrepresentation and against his solicitor for not following due process and only giving the park owners the lease application the day before completion and then exchanging without this process complete. I chose at this point in the conversation not to point out that surely both parties are equally as guilty for exchanging contracts before due process was complete? I should stress that at this point I have not yet asked for my money back, but I was about to. However before I do, and without any prompting, Nick tells me that late on Friday he asked the vendors solicitor for my money back, and they instantly returned it by bacs payment and that it will be returned to me in full on Tuesday. I asked him about the fees for his company that I thought I was arguably being unfairly charged thousands of pounds given the series of mistakes, and he offered me fifty % of all fees back. As I was trying to clarify exactly what this included, he said "you know what? I'm a nice guy, all costs, 100% will be waived and refunded. We should have the money back tomorrow as its coming by bacs, and we can pay it straight into your account." He then told me that I have dodged a bullet because if he was the vendors solicitor he would have forced the completion through as an associated purchase because he had the money, so I was very l lucky to have had such a lucky escape and the vendors solicitor had chosen to refund my money. He also told me that now I've been given all my money and all my costs back, i have the option to walk away from this now. If I do, Brian I may try to sue me but it's unlikely because 1. he basically doesn't have a leg to stand on due to his misrepresentation and 2. The exchange of contracts should never have taken place given the incomplete documentation and so these contracts wouldnt stand up in a court of law. Tuesday the 9th mid morning I've an email and a subsequent recorded phone call confirming my money has been returned and all of it, including all refunded solicitors fees have been paid to me via bacs so will be in my account by Friday. Tuesday 9th 12.00 I've just had a phone call from Mark the residential park area manager saying to me that he's found out some further information on me and wanted me to confirm whether I own a certain type of commercial vehicle (a taxi), I confirmed I do. And he's found out that I own 7 motorbikes and would I confirm this. I don't. I own two. One is a road touring bike, the other is a restoration project and I confirm this to him. He's told me that in addition to clearly breaking the rule on age, I'm also breaking the rule on not being allowed commercial vehicles, I haven't told them I own a motorcycle, Im not allowed to own a motorcycle, apparently I'm only allowed 1 vehicle, I have 4 (1 taxi, 1 private car and 2 bikes) and the more he looks into me the more rules I'm breaking. I find this odd because at no point have I been made aware of the fact that I'm not allowed to have a taxi. My job has always been a taxi driver and its never been a secret. At no point have I seen any rule that says I'm not allowed to own a motorcycle and no one has ever asked me if I own one. I find it interesting that he's obviously looking into me and my affairs from some unknown source, and finding out half truths. It would be interesting to know where on earth he got the idea that I own 7 motorbikes, or actually even why he's looking into things like this anyway. Tuesday 9th August 4.45 I phoned my solicitor to double check my money has been transferred i am told that that the bacs payment was changed and I am told "Well, there was a bit of a fuss in the office about getting this money to you. I don't know what you've done, but whatever it is you've done it right. Your money is coming into your account tomorrow morning by TT and we are refunding literally everything including waiving all transfer fees" I then her and ask "so where does this now leave me. Can I just now walk away from this farce and am I free to start looking for a new home?" She answers "yes you can. Enjoy." So as a final summary, after the catalogue of cock ups: The vendors solicitor has refunded all my money in full without question. My solicitor has refunded 100% of all fees without question. Both of these things suggest to me that they know they have done something wrong and I can almost hear them in the office trying to get rid of me. It's looking fairly certain that my application for the lease on this property isn't going to be accepted, I've already broken the age rule, the no taxis rule, the no motorbikes rule and the number of vehicles rule and I haven't even completed yet. But bearing in mind that so far I've been lied to and misled by the vendor, messed around by the vendor with his switching of properties, had the completion blocked by the park owners who have made it pretty clear that my 11th hour application is going to fail and given that all my money and fees have been refunded from the solicitors on both sides and I still homeless, I'm ready to just walk away from this mess. In fact I think my mind is made up So if anyone has made it through this far, there are a number of lessons to learn. Always get things I writing. Don't complete on a sale without a purchase. And if anyone has any advice for me, I'm all ears because I'm worried this isn't over yet.
  6. Your right to end a hire purchase or conditional sale agreement You can end (terminate) a hire purchase or conditional sale agreement in writing and return the goods at any time. This can be useful if you can no longer afford the payments or you don't need the goods any more. You will have to pay all the instalments due up to the time you end the agreement. If your payments come to less than half of the total price of the goods, you may still have some money to pay as the lender is entitled to this amount under the agreement. If you have already paid more than half of the price when you end the agreement, you can't get a refund but you usually won't have to pay any more. If you are not sure whether you still owe anything, check the original credit agreement which should show the total price of the goods and the amount you must pay if you end the agreement. The credit agreement is the legal document you signed when you bought the goods. Lenders sometimes say you must pay the whole amount owed under the agreement this is sometimes wrong. hope this helps:-D Citizens Advice
  7. Hi all I purchased a Hot and cold sandwich van on a well known auction site for £5000. During the auction, before I made any bids, I asked the seller if the fridge and oven onboard the van had been serviced. He replied to my message and said they has been serviced very recently and all new parts had been fitted. I bid on the van and won. I then travelled to London to pay for and collect the van. The seller showed me the oven and fridge working and stated that the oven operated at a temperature of 70 degrees to keep the food warm. The oven reached this temperature, the fridge was nice and cold, after checking everything else with the vehicle I was happy with it and paid the money. On the way home the oven temperature dropped to 33 degrees and struggled to kick in again. I rang a specialist who stated that the burner in the oven heater along with other parts were probably worn. I explained the seller had told me of the service but he advised me to let him have a look. When he stripped the heater it was apparent it had not been serviced for a long period of time as it was seized into place. The oven burner had a date stamp on which was 4 years old. It cost me £580 to have the parts replaced and the oven reached a temperature of 90 degrees very fast after this which is the mean operating temperature of the oven. So in summary I asked the seller if it had been serviced before committing to buy, he said it had, it obviously had not. Do I have any comeback on this being a private sale and the seller falsely claiming work had been done when it hadn't. I have asked for the seller to provide me with details of where it was serviced but he has refused. Thanks
  8. A recent house purchase left me very surprised when I discovered that our conveyancing solicitor was freely giving info about the progress of the sale to the vendors estate agent, including our mortgage status etc. I wondered if any Caggers could let me know what the legal staus of this is? Does the estate agent have any right to our information? Should the solicitor be freely giving information to the agent? Shouldn't the solicitor just stick to discussing things with the vendors solicitor?
  9. Hi all, Heres the context; So after days of trolling through various website and spending loads of hours on the phone. I finally found my insurance broker. I had previously gone to them for a quotation and an estimate came back at 4200 GBP however when I rang them to finalise the quote the representative on the phone informed me the price was 3700.00 GBP. She also read out and went through all of the information to double check all was correct, this included all of the previous claims fault or non-fault, all was fine. I ended up putting a substantial deposit down and my vehicle was insured after I put down the phone. My question is, does the insurance company have the right to increase the price of the premium after we had agreed the amount and sale completed? I look forward to everyone's advice. regards, J
  10. I bought a flight on Bravofly which is a lastminute.com company. I did not tick a box that added on a cancellation Insurance policy to my order. Only found out on the confirmation page when they had charged me £30 extra. Emailed them and they replied the following. Isn't there a cooling off period for insurance policies regardless of what the policy is?
  11. Good Morning Caggers some information and help here if possible. In January 2016 this year, I placed an order with my local gun shop for the purchase of a one off hand built Custom Shotgun to be delivered by end of March. I agreed a deposit of £1000 (Total price of £13800) and paid this using a VISA debit card as a goodwill gesture to the gunshop for the purchase. Unfortunately, I have had to press both the importer and the gunshop for information on the gun as my clay pigeon shooting season begins this coming weekend and it looked like the delay of the gun would not be in time for my first big competitions. At every turn, they have told me that the item was delayed and they didn't know when it would be delivered. I eventually got a verbal date of 29th March to 1st April, and this date passed with not a sign of any information from either the shop or the importer. Being incensed at this lack of customer service I called the importer only for them to say the item had left the factory but they couldn't give me a delivery date. I am completely distraught that nobody has kept me in the loop and it is apparent that once I paid the deposit that nobody wanted to try and help or get any information for me on my intended purchase. At present, the shop holds my £1000 and I don't know where I stand in order cancelling the item, and getting my deposit back. There was nothing in writing at all, only a gentlemans agreement. Can anybody give me some advice on this please? Many thanks to you all
  12. Seller Refused Mediation Issue I purchased a used quad bike from ** A MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPNY ** 7h May I paid the deposit of £2050 (£2000 off quad and £50 fees) on my credit card to **THE MANS COMPANY **, I attended **THE COMPANY ADDRESS WHICH IS ALSO HIS HOME ADDRESS** 11th may with remainder of cost in cash £2000 I was not given a receipt at the time of purchase I was issued a receipt later on after several requests The Quad bike became faulty 2nd June when I contacted the seller, he told me the sale was between myself and the last registered owner of the quad bike as shown on the V5 and was not a sale by him or his company. I have never seen or spoken to anyone else about this transaction, other than ** THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY ** he is the man / company I gave all my money to and it was his business / home where I collected the quad from, there was only 3 people visible in his yard (myself, THE MAN and a friend of mine who had traveled with me to collect the quad) **THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** was inspecting the quad as I arrived to collect it,the inspection was being carried out in the workshop he has established as his business within his personal dwelling At the point of collection I was told he found a few small issues (parts that needed replacing) to which his company provided me with replacement parts (I don't recall paperwork but certainly the packaging tape from him established business was used The quad bike was sold to me as a used machine, the quad was 2.5 year old with 5k ish on the clocks, I was informed the quad had a manufactured rebuilt engine recently, I was told the quad was in good condition Repairs carried out so far Repairs carried out so far Part’s supplied by seller Replacement hand/foot brake cable Stater motor Voltage regulator Part’s purchased by myself 3 Set’s Of brake pads (needed on the day of collection but wasn’t mentioned I paid for these parts) Part’s I have replaced but will accept as fair use and wear on second hand quad Water pump gasket CVT Belt after 2nd June the quad was sent to a dealer for repairs, Various repairs have currently been carried out costing a total of £1355.96, I have secured £718.92 for repairs via section 75 via credit card company leaving a shortfall **THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** after the issues had been brought to his attention gave my personal mobile number to the previous registered keeper who he states was the seller of the quad, although all payment's were made to THE COMPANY Total Looking To recover £30.00 Mediation Fee's £100.00 Labour To fit faulty parts supplied by seller £637.04 Shortfall difference on repair bill £45.00 Brake pads £45.00 Labour for Brake pads £90.00 0181-314000 Gear Motor £40.00 Labour To Fit Gear Motor £200.00 Gesture Of Goodwill (misuse of my personal data) Total £ 1187.04 **THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** stated to MEDIATION COMPANY that the sale was between myself and the last registered keeper, THE MAN offered details of a third party PREVIOUS REGISTERED KEEPER and suggested talking to a finance company aswell ? I am trying to establish if the sale was legally between myself and **THE MAN WORKING FOR HIMSELF ESTABLISHED AS A COMPANY** I need to know which court's I apply to England (where I live) or Scotland (where seller live's) I need to know would the judge allow the cost's of mediation I need to know would the judge allow the gesture of goodwill for misuse of my personal details I need to know would the fact I have received a section 75 claim for part of the repair effect the outcome ? I am not applying for the money the S75 covered just the shortfall which cam after THE COMPANY refused to communicate with me, prior to requesting mediation I was given details for THE COMPANY solicitor, they have ignored all letter's sent to them via recorded post, is this acceptable ? Sorry for the longer post, I hope that everything can be seen clearly, I just need to find which court I should apply to I have done everything I can to try and resolve the matter
  13. Hello, 6 months ago i called the council to report a road fault and they said that we live on a private road which was the first i had known about it. I asked a few neighbours and they didnt know that either, apart from one who purchased their house 5 years ago . They had said that their solicitor had made them aware. We have tried to get the council to adopt the road but they have quoted silly money to get it up to spec and i am in no financial position to afford this. There are 10 houses in the street and we all chipped in to get the bit of tarmac repaired which was under £200 by a local guy. The council say that the kerbs are not to spec. We bought our current house 8 years ago and were not informed that the house was on a private road and would not have bought the house knowing this. Surely this is something our lawyers / surveyors should have picked up on ? The houses were built in 1972 Any advice? Thanks
  14. I initially had a credit card debt with MBNA which was then sold onto Max Recovery Limited. When the debt was originally sold it was under an IVA. Now the IVA has since been cancelled, so I have started written communication with Max Recovery Limited. As I understand it, when a debt has been sold on, there should be a Deed of Assignment to prove that Max Recovery Limited own the debt. I have asked for this document on 3 occasions Max Recovery Limited has not acknowledge this requests. To date Max Recovery Limited has sent the debt onto their own DCA a firm called Drysdenfairfax Solicitors for collection.Again, I asked their DCA for proof their client owns the debt, Drysden have not complied. I reported Drysden to the Solicitors Regulation Authority over the matter, the SRA said Drysden hasn't done anything wrong. So my question is this; because Max Recovery Limited have failed to provide proof they have purchased the debts, can they persue me for it!?
  15. good morning to all slight problem here banging my head on a brick wall with lidle .september 2015 purchased a hoover on offer at lidle only £69.99 .december 2015 the hoover would not suction when used note the brush under the hoover was not spinning around had the purchase receipt so contacted lidle they advised me to contact a company called bevaform.who i understand is the supplier and service agent for lidle.attempts to contact bevaform very difficult as the company is based in austria. so contacted lidle via social media also sent them an e mail lidle are just ignoring the problem.was told before purchasing the hoover it had a 2 year warranty with it supported by lidle.have had to go out and purchase a new hoover from a diffrent outlet.any advice on my rights how to move forward here regards
  16. Evening all, I just wondered if I could pick peoples brains. I purchased a tiffany bracelet from someone on Gumtree who had advertised it as genuine. She had advised it was tarnished and would need polishing and that she had taken it to a jewellers who said it would cost £15. I went to have a look, and the woman wouldn't obviously let me in the house. she brought it to the doorstep and I had a look. it was dark, it was raining and i couldn't see it properly, but could see it was tarnished. Now I am no jeweller so I couldn't tell properly. I paid £105. I put the bracelet in the glovebox of the car, and took it to a local jeweller the next day regarding the polishing. the local jeweller looked at it and told me it was not genuine. it was rhodium plated copper. I contacted the seller, who told it it was tough, she thought it was genuine i bought it in good faith, she sold it in good faith and she will not give me my money back. where do I stand on this? I have tried to be reasonable, there have been no threats or demands, just told her it wasnt genuine and therefore i would like my money back. she is point blank refusing. am convinced she knew it was fake, but of course I cannot prove it. I also have a photo of the advert showing it advertised as genuine. do I have any recourse with this? thanks a lot. and yes i know its my fault, i should have looked closer but at that time I didn't really have the time.
  17. Ok, so first of all please feel free to re-direct this post of in the wrong place. I am relating this to the new consumer rights acts 2015 and how this may be used We bought a new car in a private sale at the weekend, the car was described though an advert we still have a copy of. We took the vehicle for a test drive, though very busy so only had a chance to drove a few miles and all appeared in order, we paid cash for the purchase £7500 and the we have a receipt, which just states for the sale of x registration etc. Once we got the vehicle to a garage for a fuel, it would not restart and then did with a big judder, but seemed ok, we got home dropped in the shopping when to move the car same problem. After speaking to the local toyota garage they believe without doing a full diagnostics which I will arrange for later this week that it likely to be a fuel pump problem, as hot starting only,and the cost is £1000s. So we emailed the seller, who said yes it did have a problem but never bother them, they also said took to local garage who said might be this or that (did not mention what a main dealer has said to us) but never got sorted. In any event it has a problem that was known to the seller that they did not disclose. Of course if this was a garage sale I would have more rights, but my question is, as the private seller has confirmed that there was a known fault but did not disclose this, I have challenged this my email but no response, do I have any protection at all. my email seIf so what are the next steps, what are the options?
  18. Evening All, Can i ask for your input in this. Its a minimal amount but it would help. purchased a laptop charger for approx £7 about 3 months ago. Its started hissing at me so cant use it. I contacted Amazon who contacted the seller advising. - vid of whats happening the seller initially said to send it back and they would refund me. I advised i would rather just have a replacement. Now the sellers responded saying that if i send it back they will send me £3 and i do not return it as ive had use of the charger for 3 months. Surely should be covered for a year? like i said minimal amount so not too fussed if dont get it back but would be ncie to know for future. This is what was sent Red Amazon, Green Seller, Me blue Hello, We've been contacted by one of our mutual customers regarding an order placed with you. Below is the information provided by the customer: Order number: 202-4574190-2221913 Item: 19.5V for Dell Inspiron N5010 Laptop AC Charger Power Adapter + LEAD POWER CORD CABLE Reason for contact: Damaged, Defective or Incorrect Item Details: The item has arrived, but it starts hissing randomly and becomes dangerous, kindly replace the item. Please research the issue and contact the customer. To respond to this customer, please reply to this e-mail or visit your seller account at the following link: https://sellercentral.amazon.co.uk/gp/communication-manager/inbox.html We hope you're able to work this out with this customer. Sincerely, Customer Service Department Amazon.co.uk http://www.amazon.co.uk] Dear customer, Thanks for your reply. We can refund you after you return the item. Please send it back via the cheapest way of MyHermes and keep the postage within 3GBP. Here is the return address: Hi EpC I don't want a refund, is it possible to have the item replaced please as I'm lost without my laptop. Hopefully you have seen the YouTube video of what's happening. Kind regards Dear customer, Thanks for your message. As resend a new one will take several days to deliver. Also, though we have tested the item before sending out, and all the items can work well before shipping. We cannot sure each one will work excellent after the delivery, since it has some uncertain factors we cannot control. We consider these issues for you. So we would like to arrange a full refund after you return the original product and you can purchase it from other near sellers. Would you accept this? Looking forward your reply. Have a nice day. Best regards Hi sorry for the delay in responding.I would ideally like to have it exchanged rather than refunding. As you were very good shipping and the charger has worked really good until the fault recently.What's easier for you? I can wait till you send another that's no problem. If you can send another i can then return the broken one in the packaging of the replacement.Thanks Steve Dear customer, Thanks for contacting us. As you have already used it for 3 months at such a cheap price, returning will also cost extra postage fee. We consider these issues for you. How about we refund you £3 without returning? Looking forward to your reply. Just seems a bit crappy to me.
  19. On the 2nd of October 2015, I placed an order at www.xldata.co.uk for some marketing data. This was a personal purchase and was made under my name and using my personal home address. However, in error, I entered my work email address into the form. The company emailed me the data to me on 5th October 2015 and included an invoice which was due for payment within 7 days. I noticed that the invoice had the name of my company on it, albeit, the other details were correct (my name and home address) and because I didn’t foresee any issues with the purchase, on 11th October I made payment via BACS to the details provided on the invoice from my personal bank account. The total sum being £948.00. On the 12th October, I received an email from the company advising that payment had not been received – I advised the company that I could see the payment had been made and that they should expect it over the next couple of days. Over the coming days, infact every day, the company emailed me (the same person – Mr Clive Brown), advising payment hadn’t been received, I confirmed time and time again with my bank that it had been sent, however, there was a question about the success of the transfer that was raised by one person at the bank who advised usually a confirmation message is seen by the sender to confirm payment had been received successfully by the recipient, this was not present for this payment – the bank began to look into the payment. On 20th October, after a barrage of emails and phone calls, which got increasingly curt in tone, I emailed the company advising that I would like to cancel the purchase and confirmed I had not used the data and it had been deleted from my computer. The company refused to accept this. On the same day, I received an 2 emails from Mr Brown advising that he was to instruct his solicitors to commence legal action, not against myself, the purchaser, but against my employer, when I questioned this and reiterated that my employer had nothing to do with the purchase and that in any case, I was not an authorised purchaser and furthermore no purchase order was generated by the company, this was ignored. On 21st October a letter before action was issued to my employer. I have repeatedly sent proof of initial payment (screen shot of online banking statement) and advised again and again that this was a personal purchase, but the company continued to proceed and finally made direct contact with my employer where they forwarded all emails and correspondence from myself and made a demand for payment, threatening legal action through the county court. On 28th October, I received a phone call from my employers CEO, who was understandably, very angry, demanding to know why I had ordered data under the company’s name – I clearly explained I hadn’t and that it was a personal purchase, in his anger he demanded that I had 15 minutes to get rid of my employers liability or I would be asked for my resignation. Clearly, only being 3 months into my employment and totally taken back by the whole situation, I called Mr Brown, under the supervision of a member of senior management and paid another £948.00 by debit card, I also reminded Mr Brown that I didn’t have the data and that it had been deleted. To additionally clarify, there are no terms and conditions at point of purchase on the website at all, or on the invoice. My questions here are: • I do not want to continue with this purchase – my experience has been appalling • I have suffered great defamation of character at work and loss of trust and respect from my employers/colleagues • My personal affairs/information/purchases – my data – have been shared with my employer without my authority. Ultimately, I want my money back and the purchase cancelled – I am now £1,896.00 out of pocket, with nothing to show for it apart from a damaged reputation and my employment at risk.
  20. Hi there I will try and keep a complicated story simple! I saw a car I was interested in the price was 21k. The car was 9 months old and had done less than 3,000 miles I took a reduced part exchange price for my car under pressure from the pushy salesman to get the deal done - (I would never have taken this price normally)this entailed rolling over 5k of negative equity into the new hire purchase agreement 3 months later a warning light comes on Take it to the garage and there is unrecorded accident damage - after much time and stress and reports my claim to have the car rejected is upheld by the finance company The independent report confirmed the car was not fit for purpose not safe to drive and a fire risk - you can imagine how scary it is that I have been driving around in this car with my family including two young children In any event I come to my question - the finance company has asked me to repay the negative equity I have argued that the agreement between them and I does not make reference to any negative equity - it defines the goods as the car and the cash price for the goods is the total amount including the negative equity - given the circumstances I think they should write it off - I would be grateful for any input - thanks in advance
  21. I have a Very account and my wife's uncle asked me if he could purchase a £700 fridge freezer which he then sold without my knowledge for £250. When I found out I wasnt best happy and he told me it was none of my business so long as I got paid it would be OK and then asked me if he could order another £1000 worth of stuff which I point blank refused. Since then he has not been making monthly payments he agreed and making an excuse everytime but now it is coming upto the end of the 12 months interest free credit period so I've told him it needs to be paid or I will be placed in a debt I can not afford. I made sure that I used messenger so that I could get a copy of what he has to say. To which he said pass on his details to Very and they will collect it from him, unfortunately I know this is not true because this a personal credit agreement between me and Very and I am liable but since I knew he had moved address 3 months ago I needed his new address so played along with him. I asked him for his address and he messaged me back to tell me and gave me his old address from 3 months ago. As I have said I know that I am personally liable for the debt and am having to borrow money to pay more than he actually made, what I want to know is can I have him arrested and charged with selling goods that were not paid for and still have outstanding HP on and also the fact that he was giving me false information in order to dupe myself and Very ? And what legal channels can I follow to claim this money back I have also received threatening messages for asking for the money to be paid .
  22. My 16 year old has just p***d away £1014 on FIFA Ultimate Team and Runescape crap. Briefly, he was left an inheritance of £3000. We took him into the bank where his current account was and helped him open an ISA and put it in there. Unknown to us, he set up online banking and over the space of a month started transferring it into his current account to waste on in game player packs etc. In one single day he blasted over £400 He knows in no uncertain terms that he has been utterly stupid and has vowed to earn it back over the summer with a part time job(s). I know that I'm at fault for not drilling into him the value of money and how important this windfall was for his future and college. He said that he knew it was wrong but he just got carried away. Considering his age and the mass of transactions that occurred in such a short space of time with seemingly no suspicions raised at either the bank or the two companies involved, is there anything I can do to recover any of the money? Can the player packs be sold on? Can the Runescape purchases be returned? Does anyone want to adopt a "stoopid" teenager? Regards, Essemess.
  23. Hello, I have a friend (female) who is in a bad relationship and wants very much to walk away from it. Unfortunately, as a single mother of 2 young children, she struggles financially. Last year when her car became to uneconomic to repair, her partner pursuaded her to take on a HPA for a new car. All the legal side of things are in her name, but he pays the monthly installaments. She feels like this HPA is a huge anchor keeping her in a relationships that she hates. She cannot afford the monthly payments on her own, and is desperate to find out if there is anything she can do. I know nothing about HPA contracts, but i did know about a great forum to ask. I have attached 2 photos of the front page of the HPA, 1 is a close up. Can anyone please advise if their is any way out of this that isnt going to cost a lot? or, is she essentially stuck with this contact and monthly commitment?
  24. It is an important question, and one which needs resolving one way or the other. I should say at the onset that IMO the only definitive answer will have to be passed down in a court case, in the mean time I suspect the EA community will have their own interpretation others may differ. I suspect the problem is the result of yet more unintended consequences of the TCE, the definition of goods of the debtor includes interest in goods, the point that needs clarifying is, if goods on HP can ever bestow an interest before the last payment on the agreement. From my understanding of HP the hirer has no interest in goods until the transfer of title(which is the last payment) until this time the goods are on hire, and the property of the lender. So if the EA seeks to sell the vehicle he must have permission of the lender. It is well documented that a consumer credit agreement(or hp) cannot be terminated until a default notice is served and the hirer has time to remedy, and until this time the lender has no right in law to seize the vehicle. (after one third of the agreement price has been paid). However within most agreements is a clause which states that the vehicle must at all time remain in possession of the debtor/hirer, so when the vehicle is removed it could be said that the hirer was in breach, and after issuance of the default notice could re-possess the vehicle and allow the EA to sell. The matter of, if this would be worth the EAs time would depend on the amount of money which would be left after the car had been repossessed, sold and the agreement settled. The interesting point about this, is that neither A term of the agreement nor the TCE can not allow seizure. Once the car is in the EAs possession there may be an argument for sale but there is, as far as I can see, no argument for taking control. The car is after all third party goods at that point.
  25. Hello all, its been a while since I had to come on this forum but I feel I need to come and ask you guys for some help once again I don't really know where to start as I could write pages and pages on this issue but I will keep it as short and sweet as possible, here goes.... I am a member on a certain car forum and a member had a car up for sale which I purchased, however the car did not arrive as was promised and did not have the refurbished alloy wheels stated in the original sale thread along with other smaller items. on delivery of the car he stated he had 3 wheels on another car that he would refurb and deliver to me and if I supplied him with an alloy off my car ( I have another one of these particular cars ) he would do that also... meaning that I would now have the full set of refurbished alloys that I should have had from day 1 ( putting 1 wheel back on my car )..... lost yet ??? Short version is I am 4 refurbished wheels short as per advertised on original sales advert with no sign of getting them back as for the past six months I have had nothing but excuses and being ignored. I am thinking of taking this guy to a small claims court as not only was my purchase not what it should have been... I have pretty much had one of my wheels "stolen"...... just wondering what your thoughts are...... I could go a lot further into detail but it may be even more confusing for you all but the more questions you ask then the clearer im sure it will become . Regards
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