Showing results for tags 'act'.
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Evening all, Background in quote So, thats the background sorted. We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL. A swift, standard response received, same as the one above...nothing to do with us.... Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...
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Hello. I’ve today had a ‘PCN’ issued by NE parking Ltd in Blackpool town centre (Adelaide court, a car park behind some flats). Last night I went to a gig in town, I drove as I wasn’t planning on staying late but I ended up having a couple of drinks so had to leave my car overnight. My friend used to live in Adelaide court so I would always use his space should I be nipping into town, and have never had any problems before - until today when I’ve gone to pick my car up and been hit with a £60 charge. The reason for the charge is ‘parking without a valid permit/ticket’, and I know 100% permits were not issued to residents of Adelaide Court 6 months ago as my friend didn’t have one and never had to use one himself. Unless this has changed recently? However, the other cars parked there did not have permits on display either! I know a lot of people say to just ignore private parking charges, but can someone advise me what’s the best thing to do from now? Do I acknowledge? Pay up? Or just leave it? Thanks in advance! -
Hello. In late 2017 I was given a ccj from a short term/ payday loan company. I rolled over the loan once and it stood at just over 600, its now at 750 as a ccj When I got the loan I was quite unwell, unable to afford it and suffering from Paranoid schizophrenia, andxiety and depression, unable to work due to my illness. Just before the CCJ was in court I was unable to go to court as I was under section in hospital receiving treatment for a severe attack, I could not of known I had received a court date or have went to it to challenge it, I did however get someone later after I had visited home and found out about it to call up and explain. As I recall they said they couldn't do anything. I am just wondering if there is a way to challenge this?, as I am doing much better now and would like some credit to get my life back on track, but with a ccj this is very difficult. Thanks in advance
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Has anyone been to court in a consumer dispute section 14 not of satisfactory quality/not fit for purpose where the product was faulty in the first 6 months where the burden of proof is reversed how important would this be for the claimants case
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https://www.consumeractiongroup.co.uk/forum/showthread.php?296513-296513&p=3317951#post3317951 I am just considering this and contemplating taking court action against unregulated property manger who took a secret commission -
Hi everyone, I am looking for some advice as to the application of the Consumer Rights Act or other relevant legislation to insurance replacements. The situation is as follows: I had an iPhone replaced under insurance in March of this year. It was replaced with a brand new, sealed unit in original Apple packaging. The phone has developed a fault 5 months after receiving it. On contacting Apple, they advised that they were not the retailer and that I should contact the people I got it from and request a replacement under the Consumer Rights Act. Apple did, however, completely accept that the fault was a manufacturing or pre existing fault and actually told me that if they had directly supplied the original phone, they would have replaced it no questions asked. I have contacted the insurance company and asked for a replacement and they have refused to replace the phone without me making a new claim and paying an excess. They claim that their T&Cs state they only offer a 90 day warranty and that the Consumer Rights Act does not apply to them. I argued that they supplied me a new item, which I have indirectly paid for as I pay the insurance premium that allowed the replacement and therefore I have consumer rights and they should replace the item. It is my opinion that they are acting in the same capacity as a retailer when they supplied the phone and hence should afford me the same rights. So, my questions are: Who is right? Should I pursue a claim or give up and pay the excess? Is there any other legislation that is relevant here? Do I perhaps have some rights with the O2, the original retailer of both the phone and insurance policy? Note that O2 Insurance is not actually part of O2 at all, they are actually Brightstar Insurance, a separate company. Thanks in advance! rune
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Hi All, Firstly, this isn't strictly a PCN issue but it is related to one, so I'm not sure if this the appropriate forum and please let me know if not. My vehicle was clamped on 30th June and I discovered this and spoke to the bailiff on 1st July. I've submitted TE7 & TE9 forms to TEC so this should all be resolved this afternoon. However, I am going to make several complaints about the bailiff's actions as he was not only extremely rude and unprofessional when dealing with me, but also probably broke the law. Some background info: I called the bailiff (MO) on Sunday afternoon (01/07) but he didn't answer; he then called me at 10pm Sunday evening to discuss. During this conversation he told me the vehicle in question had been clamped previously and I had cut it off, telling me that because of this the vehicle would be towed immediately if I didn't pay the outstanding balance. When I contested this and asked for info his response was along the lines of "I dunno, that's just what the system says" and refused to give any further evidence. I was pretty incensed by the accusation so told him it was utterly false (exact words) and he hung up on me, refusing to answer again. Today I called him to get the PCN number then did my relevant homework and called him back to let him know I'd submitted forms with TEC and he should hear from the issuing authority by the end of the day. I asked him to give me his full name and registration details so I could submit a complaint about his behaviour last night and he outright refused, saying he didn't have to. When I told him he was legally obligated to give me his information he got increasingly angry and doubled down. He said he would show his certificate when releasing the vehicle but would not give details to me - to which I responded by saying we both know that will never happen as he will most likely quietly remove the clamp and then be gone. I eventually gave up with no information. I checked his name on the immobilisation certificate then checked the Certified Bailiff Register and found his full name and the court / company he's registered with, so am going to submit my complaints there first. My most serious complaint is that his attempt to extort me into payment by claiming I had removed a previous clamp (let me just state - I hadn't) is a violation of The Fraud Act 2006 Section 2 and his refusal to provide any evidence for this, despite it being "on his system" is also a violation of Section 3. So my question is this: who do I report this to and how? I'm currently drafting a complaint to Hertford County Court (where MO is registered) with all of this included, but would like to take this much, much further so he never attempts this stuff again. Having never submitted any kind of criminal charges before I have no idea where to start. -
I had a fixed term loan between 2010 and 2012 which I paid off when I moved house. I sent a SAR as i wanted to check on the charges levied during this loan and have received all the documents back. The annual statement summary received during the loan only stated - Date of agreement - Duration of agreement - Amount of credit - Gross loan - Payment protection premium - Staement period They did not show the interest rate, balance of the loan or any payements made. Reading Section 77a of the consumer credit act. As they haven't shown those details then my understanding is that I didn't have to pay any interest during the period which the statements weren't compliant. Is my understanding correct and if so am I able to claim back the interest when I claim other charges frrom them? Thanks
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When you use Booking.com there is an intermediary between you and the provider of services (in this case a hotel) Are any users aware of a bank making a compensation payment to a customer for a substandard hotel under Section 75 of the Consumer Credit Act 1974, where Booking.com or other similar operators were involved? As many of you will know, credit card companies are frequently claiming that there isn't a direct contractual link when there is an intermediary, but I'm looking for precedents for either settling such cases in the consumer's favour, or better still a judgment at court . I have a Small Claims case coming up against a bank which denied my section 75 claim on this ground, and intend to test it in court. I’m an experienced CAB-trained volunteer who has had lots of wins over various companies in the Small Claims Court. Thank you.
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Hi everyone, Could a persistent failure to respond to two emails and a phone call be seen as a failure to act? Background Person A took a company B to Tribunal on age discrimination grounds Person A asked his agency C for relevant documents Agency C failed to respond despite two emails and a phone call Person A now makes allegation of victimization against the agency C Agency C is now claiming that person A had the document that is why they didn't respond Person A didn't have the said document! However, my question would be: why didn't the agency respond to the first mail and say: "mate, you have these documents so we are not providing them"? I believe agency had a duty to respond to the email even if they truly believed that person A had the document In which case, I see that as a failure to act hence a victimization claim Please your views and any relevant case law Thanks -
I really don't understand this section of the ACT 19 Worker subjected to detriment by co-worker or agent of employer “(1A)A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done— (b)by an agent of W’s employer with the employer’s authority, Let me paint two scenarios so you understand my question Scene 1: A worker makes a protected disclosure, the worker's employer sends an agent to act in a detrimental manner to the worker Scene 2: A worker makes a protected disclosure, the employer's agent, on his (agent) own initiative acts in a detrimental manner to the worker Would the employer be vicariously liable in Scene 2, even though he (the employer) was not aware that the agent acted that way? I would greatly appreciate relevant case law Thanks a lot
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Hello Everyone, I wish to sue an organization under the Equality Act I have not suffered financial loss so I don't know if I can use the Money Claim Online (MCOL) I want the organization to change their procedure, and maybe compensation for injury to feelings If I can't use the MCOL, then where do I go Also, how do I quantify the compensation? Thanks
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I purchased a phone case from the company Spigen through their eBay store on 6 November 2017. Over a month ago, I discovered there were cracks on the back of the case. Neither the phone or case have had any form of impact since purchase. I contacted Spigen and asked if they are able to help. They refused because I was outside of their three-month warranty, and offered me a 'slight discount' from any new purchase. I explained that I am covered under the Consumer Rights Act 2015, but they continued to reiterate that they cannot help. The company has also refused to use an ADR scheme. They also said that when I purchase an item with them, I automatically agree to their terms and conditions which entails THEIR returns/refunds process. What are my options???? -
I'm sure someone on here can give a straight answer as I am trying to help my granddad who was unfortunately hit by scaffolding that had been put up around his block of flats which is Council owned ( Old peoples properties ) He instructed a solicitor to claim for damages caused due to injuries which included broken arm and was told by the solicitor that he would be covered under a no-fee, no win basis. Would this include a contract between both parties as I assume would be, because the solicitor is now refusing to provide a copy of the contract that my granddad has asked to see. The case is still unsettled. -
I have recently fallen into the trap of Bedroom Tax. I had been working full time and I am now in between positions and in receipt of UC. I researched the process with the help of relevant threads on here and have submitted a letter appealing the bedroom tax for one room as it does not meet the Housing Act criteria. Within my letter I attached a diagram providing room measurements and submitted this via recorded delivery post, received and signed for. I hadn't received a reply and was discussing another matter with the council and they said they would chase the person concerned and get a response. They said in no uncertqin terms that as we had signed and accepted the property as a three bedroom house, they were not reducing the tax. Now, my thoughts are that as we had moved into this house 8 years prior to the introduction of the bedroom tax, surely this isn't sufficient and I should challenge their response? Am I correct in thinking that the housing officer's decision does not meet the Housing Act provisions and therefore I have grounds to appeal this further? Thanks in advance. Shelley
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Government welcomes landmark law which will improve the safety of tenants READ MORE HERE: https://www.gov.uk/government/news/government-welcomes-landmark-law-which-will-improve-the-safety-of-tenants Homes (Fitness for Human Habitation) Act 2018: http://www.legislation.gov.uk/ukpga/2018/34/contents/enacted/data.htm -
I bought 6 hard disks just over 2 years ago, 2 have failed just after the warranty, using the consumer rights act 2015 would I have a valid case for getting replaced or repaired? Is 2 years really an appropriate life expectancy for a HD? -
In May 2018 the new General Data Protection Regulation will come into force. This is an EU wide regulation and although the UK will be leaving the EU, these new regulations will be implemented. http://tinyurl.com/zqfmm48 The above linkis from the ICO goes into some detail but it isn't very clear as yet. The one major change to consumers is the removal of the £10 fee although companies can charge for extra searches. I'm not 100% sure that the removal of fees relates to medical records as yet. If the NHS cannot charge the usual £50, that will be a big bonus. http://tinyurl.com/zrg22z4
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Hi, Looking for help regarding Everest conservatory sale procedure when the point of sale is on customer premises. We have a long running dispute with Everest going back to 2014, when we were mis-sold a conservatory. We clearly asked the salesman for a specific type of foundation and base work, but as his sales tool was unable to specifically detail the type of foundations being requested, we made certain it was written on to the sales contract. To set the picture, the contract was signed very late on a Thursday night, and the salesman used an excuse that he couldn’t take our deposit money and consequently said he was unable to leave the signed sales document or the technical sales agreement with us. [yes, we now know this was breach of the consumer regulations act] We paid the deposit to the head-office the following week. What has happened since, Everest has used a different foundation (plus delivered lots of other problems) and since we don’t have a copy of the sales contract we are finding it difficult to prove our request with Everest. Everest have provided copies of the technical sales agreement, but their system was not configured to state what type of piling was requested, so Everest are claiming they have provided what was stated on the sales agreement. As instructed by Consumer advice/Trading standards we have asked for a copy of the sales contract under the Consumer Regulations Act, yet they only send repeated copies of the technical sales agreement stating that it is the binding contract. And per Consumer Advice, we have now also requested a Subject Access Request per the data protection act again specifically asking for the sales contract plus any other documentation with our details on them. We doubt Everest ware going to share a copy of the sales contract unless we can show them an example Everest conservatory sales contract, and demand they provide our copy. Can anyone share a copy of their sales contract? I’m not after your specifics but just what does the Everest Conservatory sales contract look like, because we cannot remember. Alternatively, anyone out there who has a copy of their Everest conservatory technical sales agreement, where it specifies Shire piling or Helix piling and/or a Quikbase base solution? It doesn’t need to be a contract in dispute, this can be any one that has been successfully installed and the customer is happy with it, either will do. Many thanks in advance, if you can help. -
I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks -
Full story and photos :- http://www.msn.com/en-gb/lifestyle/family-relationships/womans-act-of-kindness-for-blind-cubs-fan-goes-viral/ar-BBCE6eH?li=AA9SkIr&ocid=ientp
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Hello All, I had a Beko Fridge Freezer delivered on 18th February and as advised, left it for 8 hours before switching on. On turning it on, there were strange sounds, some clicking and loud screeching sound, a bit like a cat being strangled. I called Currys and was asked to talk to Beko, which I did. I was told this could be due to gases in the system and that I ought to wait a few weeks. It is now coming up to a month and the noise has not stopped. I asked for a Beko engineer, who came out today and said this was not faulty but the sounds were something found in the frost free type fridge freezers. While he acknowledged that it was problem, said nothing could be done as it is not listed as a fault. I have called Currys to say that under the Sale of Goods act I wish to return the item. The have replied that it is now a used item and also as they cannot power the fridges in-store , the noise is not their responsibility. Any suggestions would be most appreciated. Thank you.
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Long story short. Around April last year I bought a guest bed for the spare room. The bed has only been used about 10 times as it's a guest bed, however the frame has broken and is fairly unusable as a bed. I've contacted Halifax to raise a S75 claim, however they are saying as I do not have the receipt to prove I purchased the bed, I am unable to make the claim, even though I have provided them with a statement showing the purchase. The bed cost £199. The store I bought the bed from went out of business late last year, so I have been unable to contact them. Do I need the original receipt to make a claim? -
Hi Guys, Need your advice on this unusual problem. Sorry story is a bit long. I’ll spilt it by bullet point to make it easier to read: 1. 23 Dec 2016 – went to the store made small purchase requested £50 cashback. Was deep in my thoughts. Felt a bit awkward at the end of interaction with cashier who started behaving strangely by completely ignoring me and started chatting with colleague. After packing few purchased items I was waiting patiently not realising what for. Felt as something did not finish - no eye contact from cashier, no thanks / goodbye. I’ve felt a bit strange and waited for much longer that socially acceptable in such situation and then left the store without exchanging a word with cashier. 2. Few day later realised I did not had my cash. As I was not out of the house since visiting store I could not have spent it or lost somewhere. 3. Waited for store to open again and went to speak with manager on 27 Dec 16 to ask them for my cashback and checking CCTV to confirm it was not given. Duty manager said he cannot view CCTV but checked till for that day and there was no extra cash in the till. He also found small receipt with my signature that confirms I’ve received cash. Signature seemed to be mine but I do not remember signing it nor receiving cash. 4. I’ve got my receipt with cashback on it. I am guessing I was asked to sign small slip confirming I was given cash and then was given my store receipt. That triggered me into thinking I got what I needed and made to forget about my cash by cashier starting to completely ignoring me. 5. I’ve spoken to customer services and same manger again who were pointing at each other saying I need to request CCTV footage and pay for it and that only store manager / area manager can view CCTV. 6. 6 Jan 16 spoke to customer services who then spoke to store manager who then checked till records again stating no extra cash was reported on that day. 7. Managed to speak to store manager in person on 6 Jan 16. Did not get much was just fobbed off making it sound it was my fault and I should have checked cash in store and they conducted their investigation. This person was quite elusive did not wanted to talk. Said nothing I can do. Both managers felt a bit arrogant almost as if they were saying good luck with that! If you know what I mean. 8. 6 Jan 16 stated electronic communication with customer services sending all above information via web form. Starting message with I am making formal request for CCTV footage under Data Protection Act 1998 confirming I am happy to pay for it. Providing all relevant details timing till number etc. 9. 18 Jan 17 sent them all above information in registered letter. 10. Did not get any response for around 10 calendar days and called them again to chase up for reply. 11. Received reply on evening of 20 Jan 17 (Friday) stating they passed for investigation to area manager. Provided instructions for requesting CCTV and how payment should be made. Advised that I need to contact police if I felt there was theft. 12. 20 Jan 17 I replied via e-mail and asked to place hold on the footage to ensure it is not overwritten as I’ve read somewhere that their retention period is 30 days. 13. 21 Jan 17 (Saturday) send request for footage as per their instructions. 14. 26 Jan 17 received letter stating request is outside of system storage capacity. 15. Chased them up for finial outcome of area manager investigation knowing what they will say. 16. 16 Feb 2016 Received response stating CCTV has now been overwritten they conducted till review and no extra cash was found. Nothing else they can do and I can contact the police. My view on that is that they ignored my initial request under Data protection act sent to them on 6 Jan 17. Purposely delayed providing instruction for requesting footage and timed it so that I have 0% chances of making it successfully and that it reaches them before 30 days retention period to cover up for their employees. I’ve seem to exhausted my option to get this resolved with the company and looking for advice on taking this further. I feel up to taking them to small court claiming for postage, petrol cost for number of trips inconvenience and original cashback. Just wanted to get your views on chance for success and some help with small court procedures if will be going that way. Thanks for reading! -
Hi, I made a claim against a bank for some charges which had been applied to my mortgage account for the 'cleansing' by their solicitors of my Data following a DSAR in 2008. The finite detail of which is not relevant to this question I pose. The bank employed solicitors to defend my Claim (which I had repaid in full after a battle). 1) The solicitors advised me that the bank had admitted the charges should not have been applied ie. there was a mistake or the fact I was never advised of these charges, they were 'concealed.' However, the solicitors stated on a number of occasions when I pressed them that my 2008 charges which had been charged were now Time Barred and therefore would not be repaid citing s.2 Limitations Act 1980. - (6yrs rule) 2) I only discovered the charges in 2014 when investigating something else and they knew this. However, I went back to them and stated that under s.32 of the Limitations Act 1980 in the event of Mistake, Concealment or Fraud, Limitation is postponed, but they insisted s.2 applied as a result of my claim being a claim against the bank for breaching the DPA. They stated in response: "You have proposed an action against our client for a breach of the Data Protection Act 1998 and on that basis s.2 Limitations Act 1980 applies" So my question to you here is: Under what circumstances, when a claim is made for a breach in the Data Protection Act (they charged me over £1000 for a £10 statutory DSAR fee cost which breached the DPA regulations of charges for a DSAR) can a defence of s.2 Limitations Act apply which denies me the repayment, when s.32 can be ignored which entitles me to be repaid? I received the payments back on the basis of a 'commercial decision' being made (ie..it was costing them more in their own legal fees now that I had redeemed the mortgage and couldn't dump them on my mtg, than they were going to pay out) But that's not the issue here, I need to know exactly why they felt they could use s.2 legally to defend and not repay me, whilst ignoring s.32? To the layman it doesn't make sense, perhaps there is a particular legal reason why and that's what I need to know. Many thanks A1
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