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  1. Hi - I have looked in the forum extensively but couldn't find an answer to my specific question so hoped to get some advice here. Apologies in advance if i missed anything obvious! I need to commence a money claim via small claims court today. I am bringing the claim against a digital agency for breach of contract in relation to services promised and not delivered, and the site provided not being fit for purpose due to lack of functionality etc. This resulted in us suffering loss and damage and we are seeing payment of money (the monies paid to them for the services) as remedy. It was suggested I use MCOL but I can see from the claim form there and numerous threads here that there is a limit to the characters for POC and given my case is slightly complex i am concerned I will not have enough space, or be able to attach the additional documentation needed (agreements, timelines, pre action letters of claim etc) Would you guys suggest in my case the N1 is the way to go - and is there a template for POC for breach of contract on the site - I couldn't find one and did look extensively last night so any guidance gratefully appreciated. Many thanks
  2. Hi. I have a bit of a problem with T-Mobile. I sent my Samsung S3 for repair back in December 2013. Two weeks later I received an invoice for £126 along with a photo of the phone with a crack on the screen. It was the first time I saw the crack. I even have paperwork from the shop assistant who checked the handset thoroughly before it being sent and wrote 'screen not turning on'. Now after 7 months and going back and forth into the store and being treated like an idiot I've had enough. I've been paying them but haven't been able to use the internet since I am using a handset that doesn't support 3G. I still haven't received my phone, the manager of the store hasn't called me for over 2 weeks now and I can't even get hold of them because they don't ever pick up the phone. Please help, I don't know what to do. Thanks!
  3. Hello, I recently purchased a gas boiler that was brand new but old stock and heavily discounted from 7k - 1.5k On the face of it a great deal complete with warranty from a quality manufacturer, on offer from a supplier I use at least once a year, this time for my personal property. In a nutshell the boiler arrived minus gas shut off valve, minus controller, connection pipes and manuals, guarantees etc. The boiler was being installed and was required urgently due to a new arrival, this was made clear at the time of purchase and that time was of the essence.. It took numerous emails and calls and texts to get in dribs and drabs all the various components to enable the installation to be completed, This was a 300kg boiler (domestic complete with cylinder in a single package -in case you're wondering). Due to the missing parts the boiler took some time to install which increased costs not to mention the inconvenience of all the chasing of the parts and being without hot water and heating etc for the new arrival meant staying elsewhere. I claimed for costs from the supplier/manufacturer (two different entities) The manufacturer finally offered without prejudice another unit but to remove the first one and then to have to dispose of it and then install the second unit would have just increased costs further so this was rejected (what am I going to do with 2 boilers 300kg each 2m tall 70cm square?. My claim for costs is far less than the cost of the purchase about half. A claim has been made against the CC under sec75 for the cost of the boiler and costs, however they are stating that they are reliant on goodwill of the 3rd parties bank and the retailer to respond as they need me to provide proof of breach of contract or misrepresentation but have temporarily refunded the 1.5k only and wont entertain the consequential loss. They go on to say they are totally reliant on the goodwill because the goods are in my possession and there is no documentary evidence to prove the goods are faulty, therefore they can't guarantee the outcome. The unit was supplied faulty by virtue the parts required for it to operate were missing surely it was faulty, the correspondence covers this from both sides my raising the complaint and their accepting that parts were missing.. It seems clear to me there was a breach, the goods were not as described ie a new complete boiler, they were missing various components critical to the installation and commissioning of the appliance, without them the boiler could not be fully installed or operated. This is clear and accepted by the 3rd parties, that the missing parts and delays were unacceptable and the goods were not as described. The CC has had copies of TCs and all email correspondence some 30 pages of documents were sent and yet the CC is finding it difficult to establish documentary evidence of a breach has taken place. The boiler is currently installed 6 weeks after its arrival yet it is still missing the original manuals and warranty documents.. what are my options? I am aware that deductions can be made for any use of the appliance subsequently..
  4. I am at the end of my tether with Vodafone. I have been a customer for donkey’s years, so you’d think they would try harder to keep me as a customer. A short summary of problems: · started with upgrade 21 July 2012 to a Nokia Lumia 610 · between then and October 2012 I was in the store so many times because of network problems (not a poor reception issue, just no text or email working) that on 21 Oct it was sent off for repair. Actually I had been told verbally that it would be replaced, but that’s a minor quibble. SIM also replaced about 3 times during this period to no effect. · by 14 December I experienced so many continuing problems that I was given a replacement phone in the store (which I had to argue for on the basis that it had actually been agreed – they tried to get me to send it away for repair again but I refused) · Problem continued, but to avoid continuing visits to the store (which would each take a couple of hours out of my day) I started to use the online advice team, who on 16th December and 20th January sent me new SIM cards. During 3 lengthy online chats it became clear that all they could offer was ‘switch off/SIM out/SIM back in/switch on/de-select Vodafone/select another network/re-register with Vodafone’ · By the end of January I just went through that process by myself. I had to do this on 31 Jan, 15th Feb, 19th Feb, 21st Feb, 22nd Feb, 25th Feb, 27th Feb, 1st March, 2nd March, 4th March and 8th March (5 times during that day – I may have had similar number of service failures on other days, but it would sometimes be the end of the day before I realised I had not received any messages or mail, so I did not check). · On 5th March I contacted Vodafone via the ‘Feedback to Vodafone CEO’ online facility. I was asking to change to a different but similar value handset as I had already been through the repair/replacement options, and made it clear that if I don’t get this outcome I will no longer be a Vodafone customer and will also explore my legal options, but was told I had no right to anything beyond a continuing offer to send the phone away for repair, and no right to end my contract without termination fees · On 8th March I went back into the store (after the 5 failures in one day), and the Assistant Manager said there would be no problem with changing to a different comparably-priced model (given my history) although he would have to get authorisation from his Area Manager, but he wanted me to try my SIM in an old phone just to confirm it was the handset causing the problem. He gave me a SIM adaptor so I could do this. I am happy to do this for a short period · Later on the same day I emailed Guy Lawrence using his personal email and asked why I am being offered a better resolution in store than his own customer service team were prepared to offer, and I’ve had back confirmation that all they will offer is another repair and I have no right to terminate without termination fees, despite their continued inability to reliably provide the service I am paying for. I get no answer to the question ‘how many times do you expect me to go through this’ and I am not clear whether the promise made to me in store will be honoured, or whether they will block it since I only have a verbal assurance, and I have been told the Assistant Manager left no record on my account (despite my express request for him to do this) · The only ‘compensation’ I have ever received is a waiving of my monthly charge in January, although I had to argue for that – initially they offered me £5 for my inconvenience. Why, oh why, is their customer service so bad? I am not asking for anything that is to their detriment. I cannot begin to calculate the cost of my wasted time, never mind the impact on my stress levels. Surely they are in breach of Sale of Goods Act and Sale of Goods & Services? As far as I understand it they are in breach of contract if problems are not put right within a reasonable time – surely this means to put it right for the rest of the term, not just for a couple of days? Please advise.
  5. I recently signed a purchase order and associated credit payment plan for Anglian Windows. The agent assured me that I had 14 days cooling-off period. After sending the cancellation request on the 14th day I have received a 'breach of contract' letter from Anglian legal department informing that 25% of total purchase price is due as cancellation was sent after the 7 days cooling off period. As the agent gave misleading advice, do I need to pay this?
  6. Hi folks. This is my first thread so be gentle. I recently won an item on eBay. The item was one of only 1000 released. I won it for approximately the price that it sold for in the shops when it was first released. The problem is that the seller has made baseless accusations against me and refunded my payment and is refusing to conclude the transaction. I do not want to cancel the sale. I want the item that I won. The seller is also the Managing Director of a small company in England. His company sells items related to the one he sold me but he sold me the item through a newer private account and not his business account. (I'm not sure if that's relevant or not.) The only other way to obtain a copy of this item is to pay substantially more than I paid this seller. The seller has accused me of making threats (which is provably not true) and has refunded my money and said that he will not be sending me the item. Here's a few other points that may be relevant. The seller's listing claimed that he would be posting the item within 1 day of receiving payment. I contacted him 3 times asking when he intended to post the item because the 1 day deadline for dispatch had passed. I contacted him on Saturday asking him for the tracking number for the item as he had marked it as dispatched. This was when he chose to respond. He claimed that he had intended to post the item on Monday (5 days after payment) because the Post Office was shut on Saturday but that since I was being rude (!?) he didn't want to deal with me and was refunding my payment. The post office can be proved to have been open on the day that he claimed it was shut. I suspect that he is just being greedy and wants more for this item and that he used my requests for acknowledgement as an excuse to cancel the sale. Now, my question is, can I take this seller to the Small Claims Court for the cost of replacing the item from another seller? I want the item (which cost only £56 from the seller in question) but to replace it will cost between £130 and £170 plus P+P. I consider this a breach of contract and I further consider that since the item will cost substantially more to replace I am out of pocket. This seems to be exactly what the Small Claims Court is for. What advice can anyone with experience of the system tell me about how successful I would be, if I decided to pursue this case through legal channels? To further confuse the situation, the seller is in England and I am in Scotland. Many thanks.
  7. Hi everyone, Found the forum on google when doing some searching on my current situation/problem. Seems like its a very helpful forum so was hoping someone will be able to advise me or shed some light on what i can do. Here is a quick(ish) summary: Me and the other half were set to start renting a house in July in Newcastle. Shes at university over there and my plan is to relocate once i have found a job. The agency emailed us saying the current tenants would like to stay until September, fair enough its saves us a few months rent as my other half wouldn't be moving in until September anyway. So dates were arranged, house would be ready and keys collected on 3rd of September. So the 3rd of September came, the day we also start paying rent and we go to collect the keys. We sit around for 30-40 minutes waiting to be dealt with yet different people keep coming and asking which house we are here for etc. Finally a guy comes out and asks when we would be moving in, i just said not today. His face lit up as if to say thank god for that. Doesn't say anything else on the matter, basically hands us the keys and says i will email you over the inventory list as i have not had chance to get it ready. So me and my girlfriend go off to the house to check it all over. Once we get there its pretty clear that the previous tenants have only just moved out. The house is an utter mess. A quick list of the things i can remember off the top of my head - Wooden laminate flooring coming apart Skirting boards been kicked off etc 90% of the walls throughout the house are all grubby/ripped wallpaper Kitchen cupboards dont shut at all Part of kitchen worktops damaged/burnt Alarm sensor on back door hanging off Holes in various ceilings around light fittings Shower hanging off the wall Sink basin loose Tiles smashed Toilet seat broken Roof mouldy/damp. The list could go on. So by the time we had took pictures of everything/documented all the damage the agency was shut. So we set off back home. Next day i phone up the agency to express my views and question what the hell is going on. I wanted to know why the house was not ready for us and why they wasted my time collecting keys when we clearly could not move into a house that is not habitable, why we are paying on rent now on a house that is not ready and what are they going to do to sort it all out. He told me he didn't want to sound political but it depends what you class as not habitable! As for damage/repairs he told me it depends on the landlords current money situation and what he can afford (so if he says he cant afford it does the house stay as it is?) Rent starts from the tenancy start date whether the house is ready or not I cant look for another house until they find someone else to take over this current agreement. What the hell should i/can i do ? I have had some basic legal advice. Do i give them the opportunity to rectify the house/redecorate or do i tell them to shove it and I'm going to find another house and cancel the payments but so far they over £1k of our money including deposits. I have already found 3 other places that we would be happy with and the companies seem much more professional. It needs sorted asap as i currently live/work nearly 100 mile away so i will be relocating there eventually but every journey is going to be nearly 200 miles at the moment, so Monday was a complete waste of my time and a day wasted off work. 1 legal company told me to write to them explain they have 7 days to sort the whole house out and otherwise its a breach of the agreement and i will opting out of it and going for a house elsewhere. They also said i could just opt out of it now but there is a good chance they will chase me and try to sue me? But i would have evidence to fight them. All this needs sorted very quickly either way, my girlfriend is due back at uni on the 24th. They are just lucky i am yet to find a job over there otherwise i would of been f**ked not having anywhere to live! What should i do? My worry is if i give them a chance to sort it all and they have proved to be this useless already, what would they be like say 3 month down the line and the roof started leaking in? Any help/advice would be greatly appreciated right now, so stressed! If you would like any more information to help me out then please ask, i have probably missed something out. My head is battered at the moment. Thanks Ben Edit: The more I sit and think about it, the more I really don't even want to give them the chance to put it all right, I think I would prefer to just go elsewhere with a much more professional company.
  8. Good morning, I am in a dispute with Vodafone concerning the cancellation of my account. The contract reached 2 years in January 2012, prior to this I provided 30 days notice to cancel. I also requested a PAC code, which was subsequently supplied by TEXT, not by LETTER. The "We're sorry you're leaving text" gave me the impression that the contract would end as instructed. There was no mention that it would remain live if the PAC wasn't used. The contract remained active and I have incurred costs of around £100. Not a huge amount, but this is now a matter of principle. I have communicated clearly with Vodafone at all times, they haven't. Their most recent letters even have basic spelling mistakes! All the more frustrating, my girlfriend had exactly the same problem. We sent identical letters of complaint to Vodafone, at the same time and to the same address - her issue has been resolved, whereas for me they refuse to back down. I now have the information and documentation from the county court, ready to launch a claim for this breach of contract and breach of consumer regulations. Is anyone able to signpost me to the address of the Vodafone legal department for inclusion in correspondence? Thanks in advance John
  9. Hi, I have just signed up having read some of the very useful advice on here but couldn't find anything that exactly mirrors my situation. I wonder if some kind person with more knowledge and experience of such things could help me with this. I started work 2 1/2 years ago as a manager in a travel company. I took the role as the diversity appealed as did the chance to learn on the job, even though the pay was not close to what I had been on in my previous role. Essentially, until now I have been managing a team of reservations staff, negotiating with hotel owners and contracting with them, marketing and other related duties. I have reported directly to the MD throughout. My annual reviews have both been glowing but it is clear that the company itself has not been performing adequately. Then, in January of this year, the MD announced two redundancies (both very badly handed and they ended up settling out of court with one as a result) and some structural changes. Essentially he has decided to create a new role and employ a head of reservations to manage the entire reservations staff of the company (including what has been my team up until now). My role will essentially be the same...but without the managerial responsibility. i.e. It won't be the same at all! My concerns with this are essentially about my future career progression. I see myself as taking the next step and becoming a general manager in about 5 years' time or so and this reduction in my responsibility certainly doesn't help me get there. I will admit that I think the MD is probably doing something that is for the good of the company as each team has been run as its own independent fiefdom over the years and the streamlining effect of bringing in one overall head of reservations will improve this. However, unfortunately I have to look at what is best for me and the revised role is not that. I am also concerned that although i have reassurance on email from my MD and the head of HR that it is not their intention to reduce my salary, I will be doing a job that is at least one pay grade below mine and this will mark me out for future redundancy. I have had two informal face to face representations with my MD and made my feelings known. His attitude is essentially that he had to make the changes for the good of the company's future. So I believe the next step is written notification of my grievance. If anyone has any thoughts about this (I didn't find ACAS particularly forthcoming when I spoke to them), before I invoke the company's grievance policy, I would be so grateful. Even if, as ACAS suggested that there is a case for breach of contract or even constructive dismissal and it is fair to say I am unhappy there in any case, I need to see whether it is worth my while going down the official route and burning a few bridges on the way. Many thanks in advance. dtothel
  10. We've been waiting for Argos to deliver one of their Scandinavia 4 door 6 drawer wardrobes, which was order online on 23rd Jan. Originally, we were told it would be delivered within 35 days and somebody would contact us to sort out delivery. Had a phone call today to day the order had been delayed by 4 weeks, and the estimated time for home delivery, if ordered now, is 42 days unless you live in Birmingham - they only have to wait 10 days!! I've checked over a dozen postcodes (sadly enough) and if you are within a 5 mile radius of the city you get preference Argos have had our money for a month with no goods. Already had a check for £14.00 due to the reduction in price for a bookcase that's delayed too. Is there any way I would be able to speed up delivery or am I stuck with a pile of clothes on the floor and a deficit on my credit card balance? Thx
  11. Hi All Brand new to this forum so sorry if Im in the wrong place, this also might be a little long winded so please bear with me. In 2007-8 I took out 2 x 18 month contracts with 02, one for me, one for the Mrs. In mid 2008 I fell out of work and so could not afford the contract. After a few months of non-payment, both accounts were disconnected and referred to 02s external company. Due to lack of income I had stayed in a few different houses etc while I got back on my feet. I heard nothing from 02 until earlier in 2011. They had passed the debt onto a company called Lowell portfolio, who asked for the full payments of both contracts. The letters were ignored, (shame on me) and I was then contacted by post later in 2011 by a company called Mckenzie hall. In July this year, I was in full time work, and looking to pay off some of my previous owings, so I contacted them. I owed on 2 accounts, totalling, £489.32 and £452.89. The arrangement was to pay the initial "token fee" of £9.32 and £12.89, and then a direct debit of £10 per month just after my payday (agreed for the 1st of the month, paid on 27th) This was confirmed in writing on the 29/07, 1st payment made and the next direct debit due out for 1/09. So far, so good. On around the 5/09 I received a letter for each account saying "broken arrangement - default visit" and basically explaining I had defaulted on my repayment plan. I contacted the agent, and was told that all my details were on system, but the payment was not taken, and could not explain why. Payment plan was confirmed to restart, this time by pre-agreed debit charge, rather than DD and has been successful since. On that conversation, I asked for a call back from a manager, and for them to update my credit record to show the default was incorrect. Now to my problem: I have taken out subscriptions to 2 credit reference agencies: Equifax and Noddle/Call Credit. (Experian apparently have an account for me but i cant get in: another story!) Although Equifax do not show anything for this, Noddle do. My account shows something like this: Lowell: £421 - Updated 14/12/2011 - Status: Default Lowell: £449 - Updated 14/12/2011 - Status: Default I contacted Mckenzie Hall who say this needs to be updated by Lowell as they are the company who sent the action, however, it was Mckenzie hall, who made the mistake. So where do I go from here to have this updated and the false defaults removed, and do I have any legal stance in terms of Mckenzie Hall breaching contract? I have letters and and bank statements to show the arrangement made, and that funds were available. Any help would be greatly appriciated.
  12. I began working at the head office of a chain of jewellery stores early October. With the bad snow in December sales plummeted and they started letting people go, I was one of them, they made me redundant on the 23rd December, 2 days before Christmas!! I was promised a cheque for my final wages (one months worth) on the 7th January the day I was originally due to be paid but by bank transfer, I have already been told that they are in breach of the contract as it states that I will always be paid into my bank account on the first friday of every month. I was worried from the start as I had taken many calls in the office from former employees chasing their cheques also. So when the 7th Jan come and there was no cheque I got intouch with them they assured me it was sent the 5th but due to bad weather it could be delayed, 2 weeks later and still no cheque I gave them 7 days to get a replacement cheque to me before starting legal proceedings, they assured me a replacement would be sent out recorded delivery, it was another 9 days before I finally recieved a cheque. The cheque was due to clear today (4th Feb) and surprise surprise it has bounced! I have called the office and, convienently, the person I need to speak to is on another call I insist on a call back but nothing! I am in arrears with rent and have survived on £60 for the last month. Obviously I have started benefits claims but these are only just coming through, and needless to say I am desperatley looking for work but January is not a great month for job hunting. Any advice on the next steps to take are much appreciated. Jenny
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