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  1. My ex husband and I bought a house together in March 2010. The house cost £110,000 with a 10% deposit (£7,500 paid by me and £3,500 paid by my ex). The property needed modernisation, and so we started stripping out the property in preparation for central heating, new windows and doors, re-plastering and new kitchen and bathroom. Prior to and following the purchase, my ex and I lived with my parents and our son at their house. In October 2010, my ex walked out on me. He had taken a lease out on a flat, and told me that he could no longer pay his half of the mortgage repayments, as well as his flat rent and maintenance for our son. I agreed to pay the full mortgage repayments alone, and for him to pay £100 maintenance for our son a month, with him walking away from the house. He agreed to this, and I have paid the mortgage since. I completed the work on the house, paying out everything on it myself. My son and I moved in to the property in October 2012. In 2012, I sought advice from my solicitor in relation to formalising this agreement. My solicitor wrote to my ex and he agreed to sign the deeds to me, following me getting a mortgage on my own for the property. I went to the bank following this, but was told that I had too many debtors (1 credit card, 1 loan and a car lease), to allow them to give me a replacement mortgage, even though they could see my current account was managed, and that I had not missed a repayment on any of my debtors. The situation remained unchanged, while I waited for my loan and car lease to be paid off. Because our arrangement was sorted, we decided to divorce. It was an online divorce to save us both money, as we'd both moved on and had new partners. Ex agreed to pay me half of the fees (not had them to date). During the Summer 2013, my ex asked whether he was still on the mortgage and deeds. I explained that I hadn't been able to get a mortgage as hoped, but was going to try again within a couple of months (once loan and car lease paid off). My partner and I decided that we would like a bigger home together. We decided to put the house on the market. Estate agent required my ex to sign an agreement to this, which he did. We sold the house within a couple of weeks. My solicitor then told me that the previous agreement my ex had signed was that he was allowing me to take the mortgage alone and consequently walk away from the house. She explained that due to the wording, that this didn't include me selling the house. My solicitor wrote to my ex again, requesting that he sign the deeds due to the change of circumstances. My ex claimed to have signed and returned the papers. Solicitor didn't receive anything. My solicitor again sent him appropriate form to sign, but again has not received anything. Whilst picking my son up from him yesterday, we begun arguing over a separate issue. My ex said "Remember I hold the key to your house" referring to the deeds. I now fear that he is going to refuse to sign them, meaning that we lose out on the sale and a property that we'd put an offer in on. I don't think that he is really entitled to anything, especiallIy as he'd agreed to walk away. I feel that he has become greedy, as I have sold the house for £135,000. What can I do to prevent losing the sales?
  2. Hi guys My boyfriend has problems at work with his holiday entitlement. It all started back in 2012 in december when we booked our holiday for august 2013, it all was approved by current manager. Unfortunately company went TUPEd in April and new boss had taken over the business stating that our contracts remain the same with the same rules and rights and wages too. They honored our holidays and later we were off for two weeks. Soon after that I handed my resignation and received full holiday pay. My boyfriend NOT! We have been fighting with management almost 3 months to get money, finally he only received 240 pounds. At that moment it was already November and soon after pay day my boyfriend asked to get the remaining holiday asap because holiday year ends in december. He was ignored and refused to take it. They keep on asking why he hasn't asked for it earlier on? Well, how could he if they haven't paid him for holiday taken in august!! Tons of emails were sent to the manager and area manager but few days ago he was told he will not get remaining holidays and he won't be paid for them either because at the moment 3 people are on holiday so basically he lost two weeks worth of holiday pay. At this stage he is constantly tired and his job involves driving a car sometimes even 8 hours a day. I was thinking of raising the grievance but believe me they all are so smart and teamed up with large hr company that would not allowed to spend single penny without written permission. Can someone please help me as I think they are breaking the law and I'm determined to get this case everywhere I can just to let everyone know how people are treated here in Edinburgh in one of the most popular american takeaways.
  3. H i everyone, I made a single claim for child tax credits and after 3 weeks I recieved a reply back from Ryscar B&C COMPLIANCE OPERATIONS. Anyway they asked me to send in some proofs....bank statements, council tax, utility etc. I sent these in straight away with a cover note explaining what I was sending and why: BANK STATEMENTS - I said I could not provide them with bank statements as there was no point as my bank account (single) was being cancelled by the bank, because im in debt and also by the time they recieved my reply it would have happened.........I included the letter from the bank for proof. UTILITY BILLS - Again I said I coudnt send these as for 1, G&E are pre-pay meters, but also I had started a switch over with a new company and also into my name - I sent proof of this. COUNCIL TAX BILL - I told them that I didnt have a bill as I had just applied for council tax support in my name and also they required the same proofs tax credits did (no photocopies)....but that as i needed tax credits sorted, they were more important........I informed then that my single claim for council tax could still be checked with the council to prove I had applied. MORTGAGE STATEMENTS - These I supplied and are in both mine and my exs name.......but its a mortgage, we have recently split, neither can afford to buy the other out so what do they expect. Also we'd both prefer not to sell as its at least one thing we are hoping to leave the kids. Also in the cover note I explained how it was impossible to cope as at the moment I am only recieving £143 every 2 weeks to support myself and 2 kids......I can barely afford food. Anyway got my reply back today telling me she has made her decision not to accept my claim because she has been unable to confirm my single person status.................and thats that. Apparently a letter will follow shortly explaining her decision and if I can appeal.........I cannot wait for shortly. Can anyone give me some advice on how to word a good appeal, or should I just contact them and say I dont agree, Im desperate and need to do it ASAP. Also I am going to have links with my ex, we were together 12 years until he decided to start sleeping with his dirty b**ch co-worker that is. Please peeps some good advice needed.....on best way forward and best advice wording I can send back....and could I have done more with the things I sent? Its what they asked for so I thought it would be enough. Sorry to go on and thanks.
  4. Hi Guys, can anyone help me? I've recently lost my job. I'm currently on a long fixed rated at 4%,with the Woolwich. The woolwich have a mortgage currently on offer at 2.8% which is exactly the same length as the term left on my original deal. When I asked them if we could just switch the mortgage to the cheaper deal, which we could just about deal with on my partners income, they said they could swap-BUT my existing deal has a £7,000 exit fee, even if switching to one of their OWN mortgages!!! Or they could send some things for me to consider-this basically extended the loan terms or made it interest only. This wouldn't help me out in the short to medium terms!! Where do I stand, can they charge excessive fees for a very simple mortgage switch between the same companies products?? Thanks
  5. Two years ago my wife took out an agreement with Tesco whereby they sold her a phone and signed a direct debit for £10 per month which was doubled by Tesco effectively giving her £20 credit. Because the quality of the phone was not good she stopped using it and stopped the D/D. Tesco wrote to say that she was in breach of a credit agreement (it was in fact not a credit agreement but a D/D to pay for atop up each month on a 'pay as you go' agreement). They duly reported this to Equifax and we objected. They agreed it was not a credit agreement 'as such' but told us that the entry must remain because we had brokren our agreement. Eventually they agreed that they would look at the situation. Last month we were refused credit for a very important requirement and on checking with Equifax there was still the entry which Tesco had placed. Is this legal and if not, claim compensation for loss of facilities and defamation?
  6. I recently went to get a new tyre fitted at quick fit in penicuik, Edinburgh as i noticed i had a small bulge on the tyre that was on. They replaced the tyre and off i drove. once i got back to my own area (Livingston) i spun out at a roundabout which resulted in me hitting a kerb, i wa sscared to move my car as i didnt know what damage had been caused so i contacted the police and they sent out a traffic car whom confirmed it would be ok for me to drive home. a few days later i noticed my steering didnt feel the same so i booked it into my local quick fit centre in livingston to have the alignment checked. They conformed my alignment was out a little and sorted it. when i drove away i noticed it still didnt feel the same so i took it back, upon inspection the person the the livingston branch realised that the tyre that had been replaced by the penicuik branch was the WRONG size of tyre! i asked them if this could have caused me to spin out at the roundabout and they confrimed it could have as also did the police when i re-contacted them. so anyways they changed the tyre free of charge to a lower budget tyre as they didnt have the same tyre the other kwik fit changed it to (no price difference refunded) and done the allignment again which i had to pay for again! iv hit a coupe of potholes since then and have took it back to have it realigned and again have paid for it, i realiased that under their guarantee they have a 30 day warranty which no one told me about and have made me pay every single time even when it has been within the 30 day period! so with the car still not feeling right i took it to a whole new centre in edinburgh at the saughton branch who REFUSED to do my allignment altogether! not because they were busy or because of any other reason, he just point blank refused! this happened today and also the person was very arrogant and unhelpful, even when i asked him why he refused to do the car he replied " my worker is just refusing to do it for you". seems to me that because it was a free service he was having to perform he didnt want to do it! over the years i have always used quick fit and never had a problem and not listened to anyone else and now i am drastically changing my mind! so in essence i have......... 1. lost control of my car due to the wrong tyre size being fitted 2. paid for an allignment to be done because of this 3. repaid for another alignment to be done when the correct tyre size was put on 4. paid for all subsequent alignments to be done when its been within my 30 day period 5. been refused to have my alignment done again although there is no reasonable explination! 6. got a cheaper tyre than the one i paid for and not had any money refunded so yea its cost me time and money in petrol and alignments that should not even be needing done for very SIMPLE services that i have required!
  7. Hi I'm just looking for some advice, I had a guy from Marston turn up this morning, guessed it might be debt collector as going through a bad time at the moment (unemployed) so did not answer. However he pushed a 'Removal Notice' through the door, on which stated that despite previous visits and notices the matter had not been settled. 1, I have had no early visits or note saying they had been to the house. 2, I am sure I have had no correspondents from them ( may have binned one ?) 3, I thought a warrant had to be issued. There is a Parking Fine to Andover Council from last year, however I do not own the car (my son) but is in my name. I've just a old letter from them.(son should have paid). ? can I pay the council £75 or Marston who want £339.04 and probably rising. any advice welcome
  8. British insurance firms lodge complaints as holidaymakers in Spain are told to reclaim cost of health care from their insurer The European Commission is taking legal action against Spain after hospitals refused treatment to British holidaymakers carrying a European health insurance card (Ehic). Holidaymakers are advised to take an Ehic on their travels, giving them peace of mind that they will be entitled to free healthcare in public hospitals in any of the 27 EU member countries, as well as Iceland, Liechtenstein, Norway and Switzerland. While British travellers are not entitled to the same free treatments on offer at the NHS, they are able to access the treatment availble to local residents. However, the commission has received hundreds of complaints about Spain from holidaymakers who have been told to reclaim the cost of treatment from their travel insurer, or forced to cover it themselves. A number of leading British insurance companies have lodged official complaints as they are being left to foot the bill for treatment they should not have to pay for – and their increased costs are being passed on to holidaymakers in the form of increased premiums. The commission has requested information on the issue from the Spanish government, which has two months to respond. There have been reports of similar incidents in Greece and Portugal, but it is not clear if the commission is investigating these as well. http://www.guardian.co.uk/money/2013/may/30/spain-ehic-refusal-european-commission
  9. Hello all, I have recently had £30.00 debited from my current account by Halifax which has now left me overdrawn. The charges we for a few direct debits which I was unable to pay and so my bank have charged me £10 for each returned direct debit = £30.00 I have tried contacting Halifax by phone to ask if these charges could be refunded due to my current financial instability but an adviser informed me (after liaising with the customer relations department) that, "...because you have previously had a bank charge refunded on your account in October 2011, we are unable to refund you again." I asked the adviser if I could speak with Customer Relations personally but apparently customers cannot do this. I have since logged a complaint which the adviser has passed onto 'Customer Relations' who will either contact me by phone or write me a letter. Either way, I'm still left £30.00 overdrawn which I am unable to pay back and accruing additional charges on top Is there anything else I can do? Thanks in advance
  10. Hi all, Long time lurker, who is in need of a little help. Long story short, I sent a SAR to Capital One last week, and today received a letter from them, which says; 'Unfortunately I'm unable to provide any information about your account, (sic) As you have provided us with £10.00 fee, I have organised for a refund of £10.00 to be sent to you.' Now, I'm at a bit of a loss here; are they refusing to divulge any information, or are they saying there is no information to divulge? Can anybody shed any light on the situation? All help gratefully received.
  11. I've lived with my best friend (100% NOT as partners - we are blokes!) for 10 years, and in that time I have always worked, never even signed on or claimed any benefits. My mother lived with us until she passed away in January, and my friend cared for her and received carers allowance. A few weeks ago he claimed JSA and this has been refused as it is deemed that he and I are living together as partners. This is totally not the case. He wants to appeal this, what is the best way? Do I have to swear an oath if that helps?
  12. Good evening, Any help with the following would be much appreciated as seem to have hit a brick wall ;-(( My partner had/has 10 separate loans for 10 separate vehicles which he didn't realise he was paying PPI on each individual one. We have followed all the correct procedures to reclaim and have received by registered post a big wad of all the agreements all signed by my partner and basically presenting their findings in which they state -Lease Purchase Agreements and Terms -Insurance Premium Agreements -Demands and Needs Statements -Keyman Cover Summary documents saying we have signed to confirm acceptance ....... "as a result of my investigation, I am sorry that I am unable to uphold your complaint. I feel it is clear from the documentary evidence provided were aware that cover was to be applied to the agreement" and goes on further to say about going to the FOS if not satisfied etc etc My partner remembers being told that he would not get the loans unless he took out the agreements and that as soon as everything was agreed they would be removed so he pretty much had his hands tied ;(( but how on earth can I prove it????? Please any suggestions would be more than welcome. Thank-you
  13. Hi Guru's, I had been wondering for a while wether or not I had PPI on an old (and settled) MBNA credit card and so I googled them and got a contact no for them, I gave them a ring and spoke to one of their reps who admitted to me over the phone that yes I did have PPI and did have a claim. They took my details and sent me a form out which I duly filled in and returned, I recieved a further letter which I answered and they told me it was under investigation, all good and fairly straightforward so far I thought. I recieved a further phone call from them asking about my sick pay arrangements and a Medicash policy that I also had (and still do have, through my employers). I told them that I would have a maximum of 12 weeks full sick pay from my employers and that would then revert to SSP after that period of time, and that the Medicash policy would also pay out if I was hospitalised, at a fixed rate per day of being admitted to hospital. It was a joint card with my partner and she would recieve a full 12 months sick pay also. They seemed happy and told me they would inform me of their decision within 10 days, which they have done with a refusal letter which I include below:- 02/Apr/2013 Dear Mr XXXXXX Account ************ Thank you for your correspondence dated 27 February 2013 regarding the PPI on this account. I have carefully considered all of the information that you have provided. I have set out my findings below. - You took out the credit card on ** June 199* - You were sold PPI over the telephone on ** June 199* - At the time of the sale, you stated that you had been employed as a **** ****** for X years. We have been able to review the information that our associates were required to give you at the time, from which it is clear that your sale was made on a non-advised basis. You have said that the policy was not suitable for your needs. Since no advice was given, our associates were not required to ask whether you had any existing insurance in place, collate any information about your demands, needs and circumstances and nor did we have a duty to ensure that the policy was suitable for you. However, we were required to give you information which was adequate for you to make an informed decision about whether or not you wished to purchase the policy. The information that our associates were required to give you at the time of the sale required them to set out the terms and conditions of the policy, eligibility details, the main exclusions and details of the 30 day cancellation period. In addition, you were sent a Policy Summary and full policy terms and conditions after the call. The Policy Summary set out the eligibility for the policy, the benifits of the policy, the main exclusions and the cancellation terms. The full Policy Document provided further comprehensive information. As such, I consider it more likely than not that your information needs were met. You have also stated that you believed that you had to purchase the policy in order to be accepted for the credit card. Our records show that you purchased the policy on a telephone call on ** June 199* and this is after the ** June 199*, the date on which the credit card was opened. In view of this I am unable to consider this element of your complaint. After considering all of the information I have about your complaint, I note that you would still have received significant benefit from this policy in the event of disability or unemployment, as the benefit more than covered your minimum payments each month. Furthermore, your sick pay and other benefits would not have prevented you from making a claim under the policy and there were no other terms, limitations or exclusions which were likely to have prevented you from making a claim. In Addition: - In the documentation that you were sent, you were informed that you could cancel the policy within 30 days; and - Given the nature of a monthly premium policy, you were able to cancel it at any time without suffering any financial detriment. In concluding my investigation, I regret to inform you that I am unable to uphold your complaint or issue a refund of the premiums you have paid. I am hoping that my explanation has been helpful in setting out clearly why I have taken this view. This is our final reponse to your complaint. If you remain dissatisfied, you now have the right to refer your complaint to the Financial Ombudsman Service, which you must do within six months of the date of this letter. For more information about how to do this, please read the enclosed Financial Ombudsman Service leaflet. Their address is: Financial Ombudsman Service Customer Contact Division South Quay Plaza 183 Marsh Wall LONDON E14 9SR Yours Sincerely XXXXXXX So my quesion now is: Where do I go from here? Is this a standard response from them or do I take it to FOS and if I do, do I have a leg to stand on? Thanks Big Scouse.
  14. I sent a very detailed emaill to Santander asking f them to refund me fees and fines for the last 5 years as I am really suffering right now. I am self employed, had a drop in income, am not paid regularly and have been diagnosed as depressed for the last three years due to financial stress. by the time I am paying around £100 in fines to Santander every month. They have refused after looking at the transactions on my account and referencing things such as the fact I purchased clothes and do not have things like Payday lenders on it! They also took a detailed look at my credit card transactions, even though my hardship case was based on my current account. (I can't understand why Santander allowed me this card with £6000 credit when my credit rating was dismal then). they have offered me a loan instead, for which my account will become a basic one and I will not have a debit card. Considering my wife, two teenage children and I are existing on our tax credits mostly (as by the time I get paid I can barely pay one or two outstanding bills), does the fact that I need to clothe my children mean I am not suffering? what should I do?
  15. Hello, I wrote a long email to Santander detailing their charges for since 2009. I also detailed my financial circumstances (dire), and the fact that I believe I should have these charges refunded. I fulfill most of the Ombudsman's criteria for this. they have responded by stating they do not think I am in hardship, as they have looked at my account for this period, and I have spent on clothes and such, and do not have things like payday loans on it! This is the only account I have, I use it for everything. I need to clothe my children and purchase only when absolutely necessary. They have instead said they are willing to give me loan, change my bank account to a basic one and take away my debit card. I do not know what to do. I do think their charges were/are unfair and excessive. Do I accept their offer fight on?
  16. Hi, I have a problem re Council tax. Council say they didnt get my form in April 2012 and are only giving me CTB from Dec 2012 when it was re submitted. I was on Income Support in April 2012 and migrated to ESA in Nov 2012. The council got a liability order and a bailiff has called twice now even though I am appealing the decision not to backdate CTB. They are not even giving me the single person discount for the April to November. Is it right to send bailiffs in when I am appealing ? Do I have to pay the bailiff's fees. I'd be grateful for advice.
  17. Hello, I'm new to this forum and hoping someone can help me! I ordered a fancy dress outfit from an online retailer which I've used before with no problems. I requested (and paid for) next day delivery which they could not honour. They called to say they would re-order a product into their warehouse and send ASAP on overnight delivery and refund the 'next day' element of my postage. I wasn't too worried about this as even with the delay the outfit would arrive in time for the intended party. However when the outfit arrived it had a visible pulled thread on the leg which I am not happy to accept. The parcel arrived at my workplace on the Friday, I picked it up from my postroom the following Tuesday (out of the office before that time) but e-mailed the company within 4 hours of opening the parcel to explain the fault and request a refund. I went through their online returns procedure which has 'pulled thread' as one of the standard reasons for return in the drop down menu. They have since replied and said that the product was ordered new into their warehouse and that pulled threads are not a manufacturing fault, therefore will not be offering me a refund. They have said that I must have damaged the item whilst taking it out of the packing or trying it on (I didn't even try it on) They didn't bother to refund the 'next day' element of my postage. I am furious that I have wasted my time in ordering this product, was not able to use it at the party for which it was intended and now to add insult to injury am expected to pay for a fault in a product that was not my doing. Please could someone advise me?
  18. Hi All, Recently Sent a SAR to this outfit on (6/02/13) , had a response from them today (their letter dated 8th feb 2013) stating: Thank you for your recent letter which has been passed to me as i deal with requests for information under the D P A 1988 The documents that you requested have not been enclosed. this is because you haven't signed your letter or enclosed the required fee.,,, and as the rest of the letter goes on asking for a copy of my signature and correct fee, or if i didn't want sign my name a copy of passport of driver licence to confirm identity- blah blah blah... ------------------- Ok , I did not sign the letter as i only typed my name with a different font at the end of the letter i typed out, Though as for the Fee I did send a cheque off for £10 with my request. I have read similar posts on here where Cap One have cashed the cheque and still refuse Docs for no signature. Is their statement that, I haven't sent the £10 fee another stalling tactic from them? Shall i wait a few more days to see if the cheque does get cashed? What would some of your thoughts be on this. Kind Regards MB.
  19. I had a club account with Lloyds for a number of years which was always in credit. When I wanted an overdraft they said I had to open a business account which I did in September 2012. They told me I could apply for an overdraft after 3 months, I left it 4 then applied, my website turns over £70,000 per year and the account has never been out of credit. I asked for £5,000 for working capital and they refused saying they had taken my personal account into it and that sometimes I had drawn personal amounts on my business account. Surely this is allowed for businesses, I feel I've been judged unfairly. I never received anything in writing and despite appealing they are completely ignoring me. What do I do next?
  20. I'm not entirely sure if I have the right category here, but it seems the most suitable of all the ones I could find. This could be a bit of a long story, so please bear with me. I work as a self employed PC engineer, and provide various services like PC repairs, upgrades, virus removal, data recovery and any other PC related things that come my way. I have been in business since September 2004 and really enjoy my work. In that time I have built up a very large base of customers who would have no hesitation in recommending me to others (and often do). A very long term customer of mine (and a mighty nice chap to boot) recently recommended me to his niece, who rang me up and asked me to do some work for her husbands company. We had a chat and agreed that as it was a matter of moderate urgency, I would make it over to them the next day. I arrived on the day and time agreed, but she seemed a little surprised to see me as we had booked for the same time and day the following week (??). I am sure this wasn't the case, but offered to go away and come back the following week, to which she said, "no, it's ok, come in". I performed a number of hours work on that day, but couldn't finish due to the need to order specific parts, and arranged to come back the following week (giving me time to order the parts etc.). I then tried to contact her to let her know the parts had arrived, but could only get the answerphone. I left a message asking her to contact me to arrange the second visit. A few days passed with no contact, so I rang again, and again was faced with an answerphone, so left another message asking the same thing. This is where things got a bit weird. As I couldn't contact her I decided to phone her husband (who also runs his own small business), and he seemed a little vague, but told me they had already got someone in to do the work. At this point I mentioned that it was me they had got in to do the work and I was having trouble booking in a revisit with her. He then politely told me that she had in fact got someone else in to complete the work. Her reason for which was that I hadn't come back to finish the work the next day. I informed him that we had agreed to continue the work the following week as I needed to get proprietary parts and needed time to get them. He then said, "You'll have to speak to her about it as I don't really know anything about it". I then continued trying to contact her and left more messages, all of which were ignored. I even popped round to see her, and whilst I know she was in, she wouldn't answer the door. Please understand that throughout all of this I acted in a very honourable, polite manner, as I always do... I dislike rudeness. I recently gave in and contacted her husband again, in the hope he could shed some light on the situation. He informed me that they had tried to contact me without success, so went elsewhere, and as such would not be paying my invoice as I had left without completing the work.I explained to him again that I needed to order a special part, so had explained it would take until the following week to return. He insisted that I agreed to return the following day. He is understandably going on what his wife has said I guess, and wouldn't have any of it. I then looked at my phone records (my phone holds all calls placed and received for 3 or 4 weeks) but could only find 1 incoming call from their number, and that was the initial call where she first booked me, and I have received no voicemail from them either. So from what I can see they had made no further attempt to contact me. They have flat refused to pay my invoice. As I say, I have been doing this job for over 8 years, and never encountered anything of the sort. It has actually made me quite depressed... not the fact of the lost money, I can live with that, but it's just the way they have been so rude, ignorant and plain arrogant about the whole thing, when I've been nothing but polite and honest with them. It strikes me that his wife may have a mental issue or something, causing her to mix up times and dates (as silly as it may sound, it's just that it happened twice with her and I have never had another date/time mix up in 8 years!) but all the same I am experiencing a certain degree of anger about it and think that while I would never normally resort to legal action (never had any reason to be honest), I may consider it on this occasion due to their arrogance, as I'd quite like to show them the error of their ways. What would you guys do in this situation? Any help would be greatly appreciated. Many thanks Loaf.
  21. Hi guys New here so apologies if this is posted in the wrong area. I purchased an expensive item from a boutique shop on 20/1. When I got the item home and assembled it I noticed a number of defects. I phoned the retailer the next day and explained and said I would return the item on Saturday (26/1) as this was the soonest I could get it to them. (Due to work commitments). When I returned the item the retailer would not give a refund, instead saying that their policy was to replace the item. This I refused as given conisderation to the price paid the item was so expensive that I did not believe the quality was sufficient in any event (it was that bad and THAT expensive!) I explained that I believed I was entitled to a refund under the Sales of Goods Act as the item was not of satisfactory quality. To cut a long story short the exchange resulted in me being "man handled" from the shop, without any refund and the retailer with the item still. I have since written to the retailer to explain that I have rejected the items under the Sales of Goods Act as it was not of satisfactory quality and want a full refund. it really was such poor quality so I am not worried about any debate around what a "reasonable person" argument as given the price etc it was far from perfect. I didnt notice the defect in the shop however didn't inspect the item to any degree - the retailer dismantled the item and packaged it - so would assume that he either a/ didnt notice the defects (I find hard to believe) or b/ chose to ignore them (much more likely in my opinion) (the defects would not have been noticed until came to dismantling or assembling the item) The retailer has ignored my letter / request - I know they received it as I emailed it and also hand delivered a copy directly to the owner of the store (the man that sold the item and refused the refund). I have since, unfortunately had to submit a claim to the small claims court. Given the price of the item I am really worried about losing although I genuinely believe I am in the right.. however given the retailers utter arrogance I am worried that I am missing something and that they have some way out of this and forcing me to accept a replacement (which out of sheer principal I do not want - a/ the craftmanship on the item is poor, as was the replacement he tried to fob me off with - I inspected it very briefly (well part of it as it was in packaging) and it had defects that I pointed out to him at the time - his attitude was "well, you're going to say it has defects because you want a refund" - yes, i do want a refund and yes it does have defects!! b/ he is so arrogant out of principal I dont want him to have my money All advice, views, opinions gratefully received - also if anyone can offer advice or case law to support my case for small claims would be really gratefully received. Thanks and apologies for the long rant! Tim
  22. hi all just wondering if anyone can offer some advice re my mother in laws pension credit application basically back in june my father in law suffered a severe stroke which has left him partially paralysed and unable to speak,he has gone into full time residential care and unfortunately my mother in law has now lost his pension and some of his dla money so we were advised to apply for pension credit for her when i first enquired i was told a representative of the benefits agency could visit her and sort everything out but basically she is elderly has just suffered all the stress of the stroke and its aftermath and doesnt handle/understand interviews or officialdom very well !! i told the guy this and he said dont worry then just apply online so we did that but she then got a call again requesting an interview and although she agreed without really realising what was happening,she then cancelled as it was scheduled for the same day as an important operation for her husband.the lady who she spoke to was very off about the cancellation and seemed to suggest they could not process her application without the interview so my question is do you have to be interviewed at home in regards to a pension credit application or can you refuse this? has anyone got a draft letter i may use to find out the situation and to decline said interviews requesting the application proceed as a postal one only? many thanks for any help and advice
  23. Hi I could do with some advice My sister engaged a firm called ****** (much to my dismay) to reclaim her PPI from the Nationwide on the grounds that she did not ask for it as she was employed by the NHS at the time (6months full pay in the event of sickness), nor did she realise she had it and when she did,what it was for. To cut a long story short the Nationwide refused the complaint and it went to the ombudsman who consequently sided with the Nationwide. Can she try again or is it final once the Ombudsman has been involved? I also feel she was misrepresented the CMC who wanted a quick outcome and payment,they didn't even fight an appeal. Any suggestions from you good people will be welcome Thanks for looking saranev :mad2:
  24. Hi All, My wife is insured with VW Insurance underwritten by Allianz, she was given one years free insurance when she bought a new car last year and she renewed it automatically. She is an airline stewardess and was reporting for duty at 7pm last night at Heathrow. We use her car mainly as it can take dogs and children, our only other car is an Audi TT which is impractical for the purpose. Normally I drop her off at the airport at the fast drop so I have use of her car as I'm a named driver, otherwise her car sits in a car park for 5 days 9 days etc, completely pointless. However last night I happened to be at the airport at a works function and had a hotel room booked, she was on her way to my hotel to have a coffee and hand me the car as I was obviously not coming home, I would drop her at the kerbside as usual and whizz off to my Christmas meal. Unfortunately she collided with the rear of another car coming off the M25 AT 1750, the car being damaged and undrivable. The insurance adviser has informed us her cover is social,domestic, and leisure and does not include commuting so they would not be covering it. No she never checked it and has learnt the hard way. HOWEVER - She was not driving it to work , she was bringing it to me so I had it for the 5 days she was away, the hotel is 20 mins from our house, I've sent them the hotel bill, my check in time etc etc. Normally I would have taken her in and dropped her off but couldn't as was in the hotel. Because ultimately she left home to go to work they didnt care about the details and said it was commuting. I replied that as she only goes to work 3 times a month as she's part time, I have the car to stop it sitting dead in a car park for ages, and certainly last night she was not commuting to work, she was delivering it unusually to me as I was in a Heathrow hotel. So having paid to get the car moved to a body shop I'm in limbo. Can they define this as commuting, her car sitting at a hotel unconnected to work then driven by me to drop kerbside? To me they are refusing on a technical point, it did not happen near the work car park it was miles away, I am angry, she is shaken and what if any are my legal avenues. Any help greatly appreciated by us both. Thanks Stu
  25. Hello, Well the annual SLC hell arrived - deferment. I sent everything off in good time, recorded delivery, email, fax and also telephoned as every year they deny receipt so thought this year would be extra careful. I'm self employed and like many people at the moment, I on paper made a small loss overall in the previous tax year. I thought at least I don't have to pay the SLC. But no. They have rejected the application to defer on the basis that "the law states you need a minimum of XX per week to live on" and stating they will not defer my loans! I've communicated in writing that, as I am below the threshold for repayment, there are no payments due and I have no further information to give them. Now threatening legal action and accuring arrears at a scary rate. I've tried to complain to the Financial Ombudsman, who have so far in three months failed to respond at all. I'm actually considering letting them take me to court for the alleged arrears as I think there is a very good chance that they would loose on the basis that I am below the income threshold and also they have treated me unfairly and breached the CCA, I have a chance to have the loans written off. Any advice please? I would rather resolve but they are adamant that they will not defer on the basis of my tax return, accepted by the Tax office! Getting quite stressful really. Many thanks.
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