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  1. Hi there, New to this forum but it all looks helpful. Im sure this question has been posed here before but im just seeking clarity on my legal position. Bought an £800 sony vaio laptop from Currys (for my sins) in Oct 2013. It was the most expensive windows laptop in the shop, sold to me after I explained I use it for work and it gets lots of use so needs to be a machine which will stand up to it rather than a cheap laptop that will struggle to keep pace... It has been repaired once by Currys already in Summer 2014 (software failure, they reinstalled windows for me and thats about all). Last week, after 2 years 3 months, it has died completely. I have returned it to Currys for them to asses, but I am expecting it could be a motherboard failure and as such pretty much a write off and time to buy a new one. I have a friend who works for Currys repair centre, and he has advised me that Currys are obliged to repair or replace under the Sales of goods act regardless of warranty, something he described as retails best kept secret. Having raised this point with Currys the lady was quite firm in her denial ("in thrity years of working here ive never heard of a free repair to a 2 year old machine" ...etc). She claimed that wear and tear on the key board and case showing it has been used a lot as opposed to someone using it once a week to check facebook has to be considered when assessing what is reasable to expect in terms of the life of a laptop. While I take the point that number of hours use affects overall years of use, I feel that 2 years 3 months is not a reasonable time for a laptop to fail to the point of replacement, especially not for an £800 machine sold on the basis of its durability. I feel the amount of use is irrelevent given the short time frame, as to support that argument is to say that the laptop was not suitable for business use or capable of being used for anything other than light domestic home use, contrary to advice given at point of sale and contrary to the price tag. Having read some other threads here I am under the impression I may be entitled to some compensation if not a full repair/replacement, on the basis that the sales of goods act states it must "reasonably not be expected to have failed" which I think is the case. The issue of "fault being present from manfacture" can only be prooved by virtue of the fact it has failed, and would only fail after time not necessarily when first purchased. If an indpendent report was needed I can arrange it, I certainly havent spilled anything or dropped it, or otherwise caused reason for it to be faulty and the nature of it being inside the laptop means its hard to really break a motherboard any other way. I would appreicate advice on how to approach the issue given Currys known stubborn attitude to these problems and a better understanding of my legal rights. If needs be I will buy a new laptop (elsewhere), but I do feel I am being robbed of at least a couple of years use of a machine and therefore should be compensated towards the cost of a new one. Many thanks in advance Jon
  2. Hi there, I am in need of advice. We bought our daughter an iPad Air from Very on 7th Dec 2013 for £399. In November of this year it stopped working and we took it to Apple who diagnosed a hardware fault and not an operator induced error. He even comment to how good the iPad still looked! We went back to Very at the end of November and asked them to sort it under the SOGA as Apple stated that this was good for 2 years. Very originally agreed to a refund minus a 20% usage fee! This has now been on going for 4 weeks and we still have had no resolution. Yesterday they have now stated that the usage fee is £159! Very will only refund £239 into the account but they have already added £159 usage fee tot he account.... What can I ask for, as all I want is a replacement. I feel that we are being pushed from pillar to post and have made no progress after 10 phones calls and multiple emails. Any help appreciated. Russ
  3. Can i ask, is anyone able to give me some advice ? I'm currently getting JSA and having to see Ingeus. I've had a letter from then to say as from next week, instead of going in every two weeks they want to see me twice a week; i'm to keep a daily calendar to say what i've been doing to find a job, and they want me to give them my computer passwords. I've got different passwords for the Dwp Universal Jobmatch, and Monster and Reeds (????) job agencies. The JobCentre has my password for their sits and they've told me that they do regular checks but even they have never asked to see the private agencies. A bit of background i had been on longterm sick for quite a number of years, but had to have a ATOS medical, only got 9pts and has to sign-on. At first i saw an advisor who never put any pressure on me 'cos i had medicals, but she told me after 12mths i'd be transferred and life may become harder. I think it was last Nov/Dec i was put on the work programme and made to sign wth Ingeus. The first day i went the young girl looked at my details then whispered so nobody could here....... "If you're entitled to start claiming Pension Credit soon i don't suppose you really want a job, do you " I just said that i couldn't answer that question. And the girl smiled and said don't worry, it will be ok. Since New Year things have changed i'm being told i have to take any job they send me fore, i'm not allowed to say i can't do that, i'm not allowed to say i don't fancy that, i'm not allowed to make a mess of an interview, or i will be sanctioned I had to go to a group interview early this week, the job was 5 days of 12hr shifts, one week days the following on nights. With an hours travel at the start/end So a 14hr day. The guy taking the interview said i know not everyone is going to be able to do 12hrs, so i don't want to waste your time, you can go if you want. A few of us said Thank You and left. I feel now this letter from Ingeus is my punishment and they're going to make life hell. They know in less than 5mths i'll be able to claim Pension Credit and they wont get paid for me. Earlier in the week when all this started i was really stressed and depressed 'cos i felt they have me over a barrel. And one of the ways i hope may get me out of it is, by claiming for Esa. Last time going back perhaps a couple of years before my Atos medical i only got 9pts, so may fail again. But i was thinking...... Doesn't this assessment take a long time while the paperwork is being processed, and my Pension Credit date is the beginning of July, so only 5mths. I've made an appointment to see my Gp, but that's not until next Friday, another week. I'd planned to fill this Esa form that's just arrived over the weekend. I'm sorry this has been such a long story but would be glad of any advice. Thanks.
  4. Disability Rights UK Factsheet F13 has now been updated as of the 13/01/2016. this is a very useful tools which is very comprehensive. This fact sheet actually covers so many topics it will just be simpler to allow you to find your section. Then if need be to start your own thread.. So for the fact sheet 13 follow this links below... See here >> http://www.disabilityrightsuk.org/benefits-checklist#sick or here >> https://tinyurl.com/hh7var8 This factsheet is free for you to download. We are committed to providing free information on our website. This is an interactive factsheet designed to give you an idea of the help you can get. It includes links to information on benefits, tax credits, housing grants, independent living, education and other help, including help provided by your council/local authority. Select the situation which applies to you (you may fit into more than one situation). Each situation has a list of the help available. These link to further information or a factsheet on the subject. If you just want to find out about a specific benefit go to benefits in that section... Since there have been a number of posters wanting to appeal against the Decision Makers (DM) award or lack of it you can read up on the appeals process here >> http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/factsheets/appeals-factsheets Or here >> https://tinyurl.com/jpa9cph Correct as of 13/01/2016 I am really sorry for the very long read but this is going to be of use to you if you are disabled. Also sorry if this has already been posted previously.. MM
  5. I purchased a 1999 Mondeo yesterday from Carlton Motors in Gloucester with a full years MOT for £500. 75k miles and felt good to drive. Took my boys to school this morning and had the engine die(rpm dropped to 0) twice in space of 150 yards. eventually got it home only to find an horrendous noise from the water pump area of engine. Does sale of goods act apply?
  6. Forgive me if I seem a bit angry but I used to be a member here asking for advice on how to avoid a sanction from my JSA signing. I got what I thought was great advice at the time. I implemented that advice. I got sanctioned. Is there any way I can sue CAG for giving bad advice? Reading around the threads now with the "benefit" of hindsight, It seems that most site team and contributors are actually on ESA and divorced from reality and the world of work. If I'd realized this I wouldn't have followed their advice. I'm now left without money for 3 months. Thanks a lot. Do I have any recourse for suing you people? I guess if you actually knew what you were talking about then you wouldn't actually be on benefits to start with. My bad then. But you've really ****ed me over. Who can I sue for bad advice please?
  7. Hello all. I bought a refurbished Panasonic plasma direct from Panasonic ebay with 12mths warranty. 16 mths in it has developed a fault I've sent it to a Pansonic approved repair centre at a cost of £300. The set was also calibrated and this will now have to be repeated as the main board has been replaced and all setting lost. Then I wondered what my SOGA rights were and found this: http://www.theguardian.com/money/2006/mar/25/consumernews.howtocomplain Which states "The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase." I don't consider 16 mths reasonable for a flagship TV - however I'd like a 2nd opinion? and does it matter it's a refurb? I plan to write to Panasonic and ask for a refund of the repair plus cost of calibration - are there any templates you guys could suggest using? Thanks as always, Dunnie1
  8. If you purchased for instance vehicle prior to the above act being implement and the vehicle required a repair after the Act came into force i.e. December 2015 and the workmanship on the repair was very poor and the fault is still there, are you entitled to request a full refund of the repair within 30 day as it is a new purchase?
  9. I'm on ESA and PIP due to severe mental health problems. I live in England and am single. A friend typed this up for me as I'm unable to manage this type of thing usually, but I'm really worried and desparate for some advice. A week ago I had to attend a Compliance Interview at the Job Centre. When I got there it turned out they thought I'd had too much savings in the past, and they wanted to see bank statements. Turns out it was their mistake and the bank statements show I'm in the clear. However, during the interview the Officer became extremely unpleasant and aggressive, questioning me about my living situation. They then insisted that I'd have to come back for another interview. I'm presently homeless, only just got a raise in benefit which will enable me to sort out a place, so they are having a go at me for having too much savings to be homeless- even though I haven't had a chance to sort anything out. They then started to rant about how a friend who I stay with occasionally and am very close to must be my partner (even though we're a male and female and both gay), and then insisted I must return for another interview. The whole process took a big toll on my mental health and has set me back majorly both in terms of my recovery and sorting my living situation. My main question is, do I have the right to bring a friend into the interview with me? Just to provide emotional support. Do they have the right to refuse that? I am trying to get an 'advocate' from Mind sorted, but it might be too short notice. Also, although I've got nothing to hide (as the evidence in my bank accounts shows), I'm very worried about how confused I get about details and keeping track of things- in my last interview it seemed that they were trying to trip me up constantly. I don't want to be in trouble for fraud because I get confused! Can they take my benefits away? Any advice at all would be so helpful. Thankyou very much bones
  10. I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help.
  11. I took out a contract via "Mobiles" who are part of carphone warehouse (assumed therefore high street brand and would be just fine). Before taking out the contract I checked out my coverage on O2 at Home and Work. It showed good reception in both areas, great! The mobile got dispatched and a confirmed delivery date emailed to me, so I rang O2 before the order even arrived, and gave them my PAC Code, getting the number transfer setup on the same day as delivery. Perfect. The new handset arrived and my service has been so bad. Today I was in London Victoria with full 4G signal, but the network was so congested Whatsapp would not even connect. At my home address, I only get 1 bar of 4G, often No Service and if I walk around my house on a call it drops out guaranteed. Also at my place of work there is no reception. I use this phone as a work phone and it's important to work there. I had pre checked the signal! I contacted "Mobiles" and as I have used the PAC code, they say I have accepted the handset. They have told me they cannot provide a returns as the PAC has been used and to speak with O2 direct. Even if O2 accepted the return I would lose the £165 downpayment on the handset. What are my rights here? Do I have any or am I stuck with no good service at home and work? I had EE previously which worked fine at all of these locations. I've told Mobiles I will happily take out a contract with EE via them, I don't necessarily want to take my business elsewhere - just want a phone that works and that is not on O2 clearly.
  12. if i sell an item on ebay do i have a contract with the buyer or with ebay? in a nutshell i sold an item, it was damaged following collection ion person. the buyer requested a refund and ebay have given a full refund. the only explanation given by ebay re the item was it was not as described!
  13. Hi, My 75 year old Mam bought a laptop from Argos on 9/2/2015 via their own Store Card, she only used the laptop twice and due to family reasons has been away from her home for a few month. This week when she tried to use the laptop again it will not boot up at all, either the laptop shows the message "Toshiba diagnosing problem" and the screen hangs and the cycle starts again or it requests a HDD password. I along with my Mam took the laptop complete with original packaging and the receipt to the store where it was purchased and that's when the fun began. The 3 staff who eventually dealt with us opened up the laptop messed about with it,kept repeating that it was out of the 30 day period when it wasn't under it in the first place, lied about info on the receipt and disagreed with me about the contract i.e. between my mam and argos and not Toshiba, at first said they would send it for repair then together decided that as printed on the receipt we should contact Toshiba to sort it and Toshiba will give us a ref number, what the heck?? Basically before I lose the will to live what are my Mam's Stat Rights concerning all this please? Any advice to the legal side would be greatly appreciated. I think that it should be Argos that deal with the contacting of manufacturers etc ultimately I want a replacement for this laptop which is defective and not numerous repairs and telephone calls. Will be contacting the customer helpline and would much appreciated the ammo to help me out with it all. Cheers
  14. The Consumer Rights Act 2015 is the biggest shake up in consumer rights law in a generation and seeks to simplify, strengthen and modernise UK consumer law. The act replaces three big pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act. Which? has produced a guide to the main changes in consumer rights which came into effect on 1st October http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#link-1
  15. Hi, couldn't find an answer to this but apologies if this has been covered before.. I am the owner of a small business and I have purchased an item from a well known online retailer. I wish to return the item I have purchased due to it not being as advertised. they have told me that because I have purchased this for a business that the distance selling rules where the consumer is entitled to a cooling off period do not apply and I am not entitled to return this product for a refund. is this correct? Thanks C22
  16. UK ruling party’s plan to scrap the Human Rights Act has sparked harsh criticism from the UN arguing that the act would be disastrous for victims of abuses and ruin the UK’s commendable record. UN High Commissioner for Human Rights Zeid Ra'ad al-Hussein said the threat by the UK’s Conservative government to replace the act with a British Bill of Rights would leave many people unable to remedy the abuses they suffer. https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAAahUKEwjcgPfEo8XIAhWJXRoKHZYlAHc&url=http%3A%2F%2Fwww.theguardian.com%2Flaw%2F2015%2Foct%2F12%2Fun-official-warns-against-uk-plans-scrap-human-rights-act&usg=AFQjCNHLFJNSZcX3Iq9RMC9HDnAPoPybRg http://www.presstv.com/Detail/2015/1...-UN-criticism-
  17. A friend of mine has recently bought a used car for 7500 pounds for his company from a used car dealer. 9 days after collecting the car it broke down and has been diagnosed as having head gasket failure, the dealer took the car back and appeared as if he was going to sort it but now has given my friend a estimate of 700 pounds to repair the vehicle. Can anyone advise on what rights my friend has as he bought it in his company name is he high and dry or does he have some possible route for getting the dealer to sort it. Thanks
  18. "The national interest must come ahead of human rights" David Cameron. But is not human rights central to our national interest? Every year the British Government sell £4 billion in arms to one of the worlds worst human rights abusers, Saudi Arabia. Currently a 17 year old Saudi male faces public beheading followed by crucifixion because he has been found guilty of being involved in sedition in taking part in a human rights riot. David Cameron's Government cut a secret deal with Saudi Arabia last month to be elected onto the United Nations 'Human Rights Council'. Saudi Arabia publicly beheaded over 60 of it's own citizens last year year, flogging, up to 1000 lashes at a time, is common. Woman under penalty of imprisonment are not allowed to drive. The justification for David Cameron in turning a blind eye to these and other human rights abuses is 'We share valuable intelligence with them of people who want to harm both regimes'. As well as Saudi Arabia Britain has just completed trade deals with one of the most prolific Human Rights Abusers. That being China. An example wil be live organ donation/ harvesting from their prison population. ( Falun Gong) The response from the Chinese Government states that the prisoners agree to it. And the UK Government accepts that response What can be more harmful to our reputation on human rights when we ignore them in the name of national security that ultimately undermines our commitment to uphold human rights? No wonder the Tories are so keen to try and dump the European Convention of Human Rights as they have no respect of them. The irony in all of this is that it was a Tory who was instrumental in conceiving the ECHR That being Winston Churchil
  19. As a small family run hotel and bar business who have been trading for 7 years. A key card encoder which we use on a daily basis for the hotel had recently stopped working, it's fixated in the same position and plugged in by a USB port into a laptop. The encoder was showing no life and when unplugged and replugged back into the USB port it began to give off a smokey smell as if there was a loose connection within the encoder. From this we contacted the seller (NSP Security). We had only purchased this encoder in February. Previous to this we had the same encoder for 6 years and had no issues, the encoders have been used in exactly the same way. Upon contacting them they refused to offer us a replacement even though we needed this on a daily basis loosing trade within our hotel. What they did offer was us to purchase a new encoder costing £575.00 and for us to send back the failed encoder and if they found a fault they would refund the money (£575.00) back to us. We trusted the company as we have traded with them for a number of years, and were willing to do this as we were 100% sure we had no misused the encoder nor was it down to us the user. NSP Security then came back to us with a report claiming we had damaged the encoder and have misused the device. As previously mentioned the encoder is in a fixated position and under no reason have or would we want to damage the device as we rely on the encoder daily. They have refused to refund us the money for the encoder/replace the device. I would appreciate any ideas moving forward.
  20. I have just seen on the news that a new Consumer Rights Act has come into force, is this replacing SOGA or are the two different things? Sorry for seeming bit dim! lol Sandy xx
  21. Hi all Wondered if anyone could help re the cancellation of gym membership. LA have been taken over by Pure Gym. As a result of this, my club's pool will be closing on Wednesday so they can fill it in and put more gym equipment in. Essentially this means that the gym will become just another run of the mill cheap gym. I pay through salary sacrifice, and despite sending copies of the correspondence from LA/Pure confirming what is happening, they are refusing to cancel the membership. This is leaving me paying over the odds for a gym I didn't sign up to. The term's and conditions have nothing around this, but surely as the service becomes different to what was originally purchased then there should be a force majeure type clause. I have mentioned I may go to Trading Standards but could do with some advice please guys?
  22. http://www.lawgazette.co.uk/law/british-bill-of-rights-plan-to-be-unveiled-this-autumn/5050869.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ080915 "The Ministry of Justice today confirmed that it will ‘bring forward’ proposals for a British bill of rights, to replace the Human Rights Act, this autumn."
  23. My landlord has sent me my utilities invoice and instead of the usual Water and Electricity, the invoice is for 'Use of service media and ancillary rights re lease dated 20th October 2006' Is this correct or is it for something else. There is no such wording in the lease
  24. Hello my first time posting here so i hope i have posted in the right place ect. Basically i have been with perfect homes since 2012 and never had any problems, probably because we had never missed any payments. Until earlier this year when i was diagnosed with bi-polar disorder,which has been a very hard and stressful time for me and my family. So i have 2 problems with perfect homes that i would like some advice about 1) i have named my partner on my account and put a password on my account that only me and my partner know, i have done this due to my mental health at times i am not able to handle my own finances and rely heavily on my partner to do so, however they still refuse to let my partner pay my bill? therefore if i am unable to pay it i am ending up in arrears, what can i do about this so they have to let my partner pay on my behalf? secondly we have our own home insurance we had had since 2013 i took my insurance policy down when i first got it and they photocopied it no problem, i also took it again when i renewed my home insurance in december of last year, however i recently (on one of my good days) sat down with all my PH agreements and worked out that we are paying an extra £11 a week for their insurance, so we told them they said they had no record of my home insurance (convient) so the store manager came to our house and took pictures of our insurance policy that was months ago and STILL they havent removed the insurance of our account, when we asked why the store manager said the picture he took of our insurance policy was poor quality and we would have to take the policy in store AGAIN. Now i could be wrong but my thinking here is surely that is not my fault? it is his responsibilty to make sure the picture is of good enough quality and either way he has seen it so he knows it exsists? I know it is only 11 pound but it adds up over all those weeks, we have paid over a 1/3 off our goods, I would love any ideas of how i can get away from perfect homes i have looked at many options but i cant afford even to buy the goods second hand and if i saved up for them we would be without essentials whilst i saved? i understand that it may not be possible to get away from them but im hoping there is something i have not thought of! Any advice would be greatly received. thankyou for taking the time to read this.
  25. I have been offered a full-time freelance role with a creative company in a field I want to work in. But as I'll need to make major sacrifices for it I want to be careful. So would anyone mind clarifying what effect these clauses could have in future, and whether or not they are standard/acceptable? Thanks so much in advance if you can advise (Omissions have been made to keep this brief) [The Contractor] waives their Moral Rights ... in respect of any acts of [the business] or any acts of third parties done with [the business]'s authority in relation to any copyright works produced wholly or partly by them in performance of their duties. Any inventions, writings, designs [etc] made by [the Contractor] individually or jointly, during their engagement by [the business] (or within two years before that time) that can be used in any business of [the business] must be disclosed immediately. [The business] retains full rights to use any such material in any of [the business]'s services. [The business] shall have the right to make the Contractor's services available to third parties and the Contractor will co-operate fully with, and follow all lawful directions and instructions of such third parties. - [The business] shall be entitled to use and authorise others to use the name, likeness, photograph and biographical material of the Contractor in connection with the advertising or exploitation of any project to which the services relate in any format and in any and all media. - The provisions of this clause shall survive the termination of this Agreement for any reason.
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