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Found 8 results

  1. I instituted a legal claim for £14k, plus court fee (~£1k), plus interest (~£7k) (Litigant in person) (Total claim is thus almost £22k) The claim was almost statute barred when filed, and if filed today would be statute barred. The claim is currently subject to a 1 month stay until February and the defendant has written to me offering to settle for £16k. I am inclined to accept. They have sent me a letter (via email) which reads "Without prejudice except as to costs ... Without any admission of liability or wrongdoing we confirm that we would be prepared to offer you the sum of £16,000 in full and final settlement of all claims which you have or may have against us in relation to the Claim. Please confirm your agreement to the terms of this settlement by: 1. signing a copy of this letter and returning it to us at the postal address above 2. writing to County Court Business Centre (“CCBC”) to inform them that you want to discontinue the Claim. Once we have received a signed copy of this letter from you and we obtain confirmation from CCBC that the Claim has been dropped, we shall arrange for the payment set out above to be made into your bank account (details of which you will need to provide to us). " And then at the bottom there is a space for me to sign. (And none for them) So very simple. I just wonder if this is valid and binding on them, or do I need to turn it into a Part 36 Offer?
  2. I have lived in a block of 10 flats for 10 years, there is a residents management company of which I am a director along with the other 9 owners. I have just been told that at an AGM 11 years ago it was agreed (documented in the minutes) that parking is restricted to certain times of the day in a specific place and that as I parked there at night I must not do it again. There is nothing in the lease about parking anywhere at any time but my concern really is that I didn't know that I would have to abide by some majority decision made 11 years ago of which I knew nothing, also there could potentially be more decisions made that I know nothing of and don’t agree with. I understood that I had to abide by the lease which was discussed by the Solicitor, and I was not presented with any minutes of meetings when I purchased the flat. My questions are: do I have to abide by decisions, made by previous owners, of which there is no mention in the lease? and also, can they just make rulings by taking a vote, and we all have to abide by the majority decision – is that legally binding to each of us? I am concerned that I am being bullied to suit the needs of the Company Secretary.
  3. Hi all. I run a business that repairs tablet devices. A customer came to me to have a screen repaired which I repaired with a 3 month warranty. The customer returned to show his screen was lifting up. This was due to his battery swelling inside the device, not because of the work I'd done . I replaced the screen again as I broke it when I tried to push it back into place over the swollen battery, so then I also replaced the battery as a 'good will gesture' and I didn't provide a warranty for the battery as it wasn't paid for . A month later, this battery now will not charge and I am of the opinion it's because of the inner workings failing due to the initial drop. Did I enter a contract by agreeing to replace the battery free of charge as a good will gestur or is it not my responsibility? If I replace the battery, the same thing will happen or another problem. All comments welcome. Thanks
  4. Hi, I'm new here and hoping for some help. I have been dealing with a certain technology company (don't want to name them at this point) regarding a TV problem I have had for months. It came to a point where I was receiving so much confusing/differing information that I decided to write to Head Office to get my issue resolved (faulty TV). The next day after sending the letter, I received a call from their consumer relations group apologizing for all my trouble and they told me they will definitely be sending me a replacement - they used the word definitely at this point and said the replacement was confirmed by head office. They told me that they just need to see whether I would get the replacement before pick up of my current TV, at the same time etc. Next day I was called by another person, apologised to and told that the TV has to go to an assessment centre first as they didn't realize it hadn't so far (even though this was clear in my complaint letter and all communication with them thus far) before applying the appropriate remedy. I was incensed, because this was a classic example of the type of confusing information i've been given so far. There are many reasons it hasn't gone to an assessment centre so far, but my question is, was the original agent's promise/agreement binding? They told me in no uncertain terms that I would be getting a replacement and it was already approved by head office. I am seeking a recording of the conversation at the moment. Thanks for any help.
  5. On 4 March I made an order with Virgin for an offer that was on to tempt previous subscribers back. It was for the Big Kahuna Movies and Sports for ~£66 per month for 12 months. We received the order confirmation and everything was great until it was installed yesterday. Last night I noticed that the movies and sports channels were missing. We received a second e-mail stating the the price was £49 + line rental, but never thought any more of it as it came to ~£66 (I'm saying approx as my partner is currently asleep and I can't access her e-mail). My partner rang up Virgin as the account was in her name and asked for them to be put on and was told that the price would now be rising to nigh on £85, but it would be discounted to £66. When I got home from work I had a look at the account and it's showing ~£85 so I rang Virgin. I stated that I had the a confirmation order e-mail, that included the sports and movies only to be told that "because it's not on paper it's not legally binding" and that they had no record of the request for Sky movies, despite it being part of the deal. Is this true, and does anyone have an e-mail address for someone higher up the food chain than the call centre, because they were completely unhelpful at best.
  6. Hi My daughter signed up to a gym online, 2 months on and I am unable to use the gym due to a foot operation and therefore she is also unable to access same. as she is 16 can they still tie her into the 6mth contract as they are saying she cannot cancel at this time. mine has been cancelled as i have been a member for a longer period thanks in advance
  7. Hi, I hope someone can help me with this slightly complicated matter: Please bear with me as I give you some background information first: I live in the Republic of Ireland, and my son is a successful athlete. Last year he received private sponsorship and part of this was to provide funding for a personal training programme with a UK based sport-specific trainer. This was to cost £120 per month. In the meantime, my son's sponsor has become unable to provide further support, and my son is unable to fulfill the payments to the trainer. I contacted the trainer in question, explained the circumstances, and asked if we could come to some mutual agreement to resolve this. At this point, my son had received no plans or help that he hadn't already paid for, and I contacted the trainer (explaining that my son's funding had been completely withdrawn) to ask if we could send the him a sum of money as a gesture of good will, and that my son would receive no further plans or help. The trainer then emailed me back, pointing out that my son had signed a contract committing himself to a 12 month plan, and that we therefore still owed him £360 (3 months training.) He was insistent that we pay the amount in full. Sorry to be rather lengthy in my background information but I hope it helps to make the situation as clear as possible. So: Last Friday I received an emailed letter from a UK online debt collection service demanding payment in full of the £360 within the next 7 days or court action will ensue. My main questions: The contract was signed by my son when he was 16 - there were no parental signatures, so can this be legally binding? If it is legally binding, can it be pursued from the UK to the Republic of Ireland? I take no pleasure in not paying the amount, but firstly we can't afford it, and secondly I think the trainer is being unreasonable in demanding money for services he has not provided. As a final point the actual contract has a typographical error in it that states it runs from 1st of November 2011 until 31st of September 2011. Thank you in advance for any help or advice you can offer.
  8. a few months ago i was desperate and stupidly took out a log book loan. the loan was for 2000 pound and i have to repay 5000 pound i know i was stupid but i was really desperate. the thing is the car and the logbook are both in my wifes name although my wife knew about the loan when the agent called to fill in the loan documents my wife had been called away to save him having to return the agent forged my wifes signiture on the loan documents . does anybody know if this loan is legally binding i know its a strange case but it did really happen the agents signiture looked nothing like my wifes he was just as desperate as me to make is sale can anyone help please
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