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Found 171 results

  1. Hi everyone Hopefully I am in the right place but couldn't find a section to suit this .... I am really annoyed. My Hive heating set up is broken. After 3 or 4 calls to Hive including 2 resets of the system etc etc (an hour on the phone each time), they have conluded over the phone that my hardware is broken. Now for a start, no engineer has seen it to confirm something is broken - I don't think it is, I think it is on the blink due to an update they did of the system over Christmas. There is no signal between all three components at the same time. Initially the Hub was offline and would not go online and the thermostat lost signal with the receiver. I called Hive and after about 50 mins on the phone and much fiddling, she concluded that my Hub was broken and quoted me £40 for a new one. Fair nuff I thought but was reluctant to buy anew one so I didn't. 2 days later it all went wrong again and the thermostat/room controller would not connect to the receiver so no heating or hot water at all. On the phone to Hive they guided me through another reset of the system and she concluded that the Thermostat/controller was not working - odd eh? Oh and no I can't buy a new thermostat as they are factory paired so the whole kit for £250 plus installation (hard wiring) = £400. Great, not. After yet more fiddling (by now I know how to do almost as much as the call centre staff) and hey presto the thermostat now talks to the receiver but not the Hub. This means that I have only the temperature and ON/OFF functions but no schedule or timer. It is now costing me a fortune as it is all on either 24/7 or nothing. My question/issue is this: How long are they meant to last? I would say that 4.5 years for a cost of £250 is not long enough considering this came with my new boiler installation (from British Gas) and thats guaranteed for 10 yrs minimum. Should I or anyone be expecting to buy new controller for the heating every 5 years at £400? I see their guarantee is for 1 year only. They obviously don't really know why my system has failed and are grasping at straws, should they be telling consumers to shell out again for a new system when the fault is not actually properly diagnosed? How could I prove it has been caused by their update recently where many people I see online have complained about their system going down and losing signal afterwards. Of course Hive deny it's anything to do with them. I think all this needs exploring. If they are selling this product, people need to know that it will all be useless in 5 years and that maybe the system is designed to fail after a period of time. You cannot repair or replace parts of it, you can only get a whole new set up. Also I want to say that for the elderly, young children, ill people, I would definately not trust this system to deliver consistent heating/ hot water reliably, I have woken up with no heating or hot water in the freezing cold because it has dropped signal in the night, even before these recent problems. What are my rights here? These systems are starting to fail (the early ones) and for £400 initial cost, I never expected that after the 1 year warranty was up, I'd be on my own with non-working junk and a cold or boiling hot house 24/7 expecting to shell out again. I feel like I've been had. Help!
  2. Hi Needing some advice and guidance, will keep this to the point and hopefully someone can help, It was a 40th treat for myself which makes it even worse for me. Viewed a vehicle on 04/11/18, at a Lookers dealer in Carlisle, 70+ miles from our home address, Paid full screen price, £12,500, paid £8000 on debit card and £4500 on finance, asked for a few cosmetic repair's to carried out as well as serviced, mot'd and fully valeted. Got train back to dealer on 17/11/18 with wife and kids to collect vehicle, only thing was it hadn't been cleaned at all well apart from that happy with vehicle and service received. Drove home, on returning home (82miles covered) not even 3 hours into ownership the vehicle has smoking badly from under the vehicle, the transfer box on the transmission had been leaking all over the exhaust and underside of vehicle causing the burning smell and smoke when arriving home. So at this time on a Saturday night the dealership was closed so emailed the salesman. The workshop manager contacted us Monday to arrange vehicle collection as they wanted the option to repair the vehicle at the purchasing dealership (which turned into a joke), the vehicle was collected on a trailer (20/11/18) and took back to Carlisle. The oil leak was rectified and the vehicle returned to my place of work on 23/11/18. I took delivery of the vehicle as the leak seemed to be rectified, when I left for work I tested the 4wd system which displayed a fault, contacted the general manager as it had been passed to him to deal with and verbally agreed he knew the 4wd was working prior to repair as he drove the vehicle when it was traded in, as I also knew it was working as I tested it before purchase. He contacted me to let me know he had booked it into the Lookers Ford dealer nearer to my home, great, dropped it Monday 26/11/18 to be inspected Tuesday, this didn't happen, the inspection took place on Wednesday, they condemned the transfer box, the General manager from Carlisle contacted me to state a new one would be fitted and he had authorised the repairs. Collect the vehicle 03/12/18 far dirtier than when I dropped it off and to discover a second-hand unit had been fitted not new, which has now shown a fault 1 day after the replacement transfer box. I'm at the end of my tether. Now this is where my problem starts...…. and for my post needing help!! (sorry for the long post) I don't think for one second they will challenge my rejection as he has already made this a evident to me over the phone. We have been more than reasonable and in turn they have been fine with us. But.. Its a 63 reg vehicle and only had 44K miles recorded and had a very high spec. if I'm just to simply take my money back and finance cancelled there is not another vehicle on the market to replace this one for the same value, some are £2000 plus more, I may be being stupid but I don't see why I should now be without a vehicle because of Lookers incompetence or having to be another £2k plus deeper into a vehicle. Not including all the cost to collect the vehicle etc. Is there any advice on how to progress with this? I want the vehicle that was described to me at initial purchase, however I have lost all faith in the one I have. Are they obliged to find me one either from group stock or from an alternative source? and if they are and it is at a higher price - do I have any rights with them to ask them to price match for the one I bought? I don't see why I should be out of pocket and back to square one, after viewing a few vehicles before purchasing this one. Thanks
  3. The following is an extract of the news report published in the Guardian: https://www.theguardian.com/media/2018/feb/22/couple-filmed-evicted-channel-5-tv-show-win-damages-high-court
  4. Hi All, I'm not sure if I have a problem or not really! I keep getting calls from people asking about our loan with First plus and whether it had PPI on it, with all of them I have told them that there is no PPI showing on my agreement and that was the end of it, but today someone called fom FusionConsumer solutions and told me that although it does not show on the agreement First plus may have been adding it into our payments!! She asked when I took the loan out which was approx 2006 for £100,000 and what our payments were, then she worked out that we were paying approx £500 per month more than we should be and over the 25 years would be paying back about £270,000!! I don't know what to do now, if it has no PPI on the agreement how am I supposed to claim it back? Is what the lady from Fusion told me correct? Surely it would be totally illegal to be incluing something like PPI without even telling me!? Has anyone else had this with First plus? Any advise greatly appreciated as usual!! Thanks
  5. Hi All, Thanks in advance for any help ! We received a claim from from our builder because we have withheld payment of the final instalment as he as breached his contract with us. He sent a claim form asking for the money to be paid (approx 1667.00). We are now trying to work out the counterclaim and having serious difficulties in understanding what to do. Any help appreciated. problem outlined here. (ignoring court fees and interest at the moment) Final installment withheld by us is 1667.00 BUT this value is incorrect as he is trying to charge us for more expensive tiles than those he installed without our permission. He is claiming that money is owed on his claim form. What we have already paid him is £3865. What we paid Wickes for more tiles directly is £248 The new invoice from another builder who said that the entire bathroom will need re-fitting £6635 (this includes a tile allowance that are slightly higher than our original builders tile costs ). Should we be basing our claim on the difference between what we thought the original builder would have been owed if the job had been done well, subtracted from the higher cost of the new invoice. Then adding the amount we already paid him. OR should we be just saying pay us £6635. (despite the fact we have withheld the final invoice but we are not sure of the value of that final bill and he has breach contract so technically we dont owe him it anyway !) HELP !
  6. Phiddius

    Course Costs

    Hi, In Sept 2017 I enrolled on a course at University, at the induction day I signed an agreement for the course costs £2170 payable in 3 parts. I signed a Direct Debit form, and over the coming months all the money was taken from my bank successfully. Job done in my opinion. 8 weeks ago, I received a threatening letter, not far off a screaming banchee coming in the room and demanding £320. "You agreed to accept responsibility for your course fee's and if you don't pay immediately we will pass this to an external debt collection agency" I had no idea what this was about. I called them, and they didn't either, so I was told that something was wrong but they were not sure what, and would look into it. 4 weeks later, Another letter arrived, even more angry than before with more threats. I have, demanded an explanation of why I being asked for £320.00 I feel this is not an unreasonable thing to ask. They say, I was charged the wrong amount, and the correct amount is on the website, it's in the terms and conditions that they are allowed to charge for any mistakes they make, so pay up. "The 2017/18 Tuition Fee Regulations state ‘1.10 The University reserves the right to correct administrative errors identified during invoicing and take action to recover any shortfall in fees in accordance with the published tuition fee listing for the appropriate academic session.’ Our Regulations are published externally in advance of the application cycle" I think I have to pay them, even though its not the amount I agreed to pay, I just think their approach is awful, what if this was a more vulnerable person (as some students can be), they were very iron fist in their approach. Can I legally demand an invoice from them in advance of the £320 payment, as I have asked for them to issue an invoice and they say its only a correction. thanks
  7. Hi, Hope someone can help. Our daughter recently died.We have had the funeral but the matter of costs is worrying. She has no estate as such and only has around £800 in her account . She received an ESA payment of around £250 2 days after death and one weeks housing benefit of around £80. My main question is her funeral has cost around £2600 + , we paid the cremation fees and cost for a celebrant up front which was around £1000. There is a £1600 bill to be paid to the funeral directors which is due on the 10th April. My brother in law who used to be a bank manager is dealing with her money etc... on a sort of imformal basis as the estate/money is so small. Can my brother in law direct all the money in her account towards funeral costs or will the DWP or council demand repayment of any overpayments? My brother in law says they can chase after him for overpayments as we are aware the payments came into her account before we had a chance to freeze her account. My wife and i are on low income but don`t qualify for a funeral grant(as far as aware) as we are only on working tax credits (without child element) and a basic state pension (without pension credit). Any help or advice appreciated. We are preapred to pay the remainder of the £1600 due but need clarity on how much we can use from her account.
  8. This is a long story, so I'll try and cut to the chase. Back in 2013 we moved into a property. The landlady who we were renting off asked if she could continue to be registered at the address. She agreed that she would cover all the council tax bills for the property. Two years later we received a letter from the council to "the occupiers" asking us when we moved into the property. We truthfully told them the date. Two months later, we received a massive bill from the council for two years worth of council tax, backdated to the date we moved in. We got in touch with the landlady who admitted she had not paid the council tax. We were now stuck with a £2300 debt when in fact it wasn't our debt. To add to our problem, the landlady admitted she had been illegally claiming benefits from the property whilst we were living there and she could not admit that she was due to pay the council tax as that would lay her wide open to prosecution. We contacted the council and explained the situation, but they wouldn't discuss it. As far as they ( capita ) were concerned, we were liable and they had passed the debt onto Ross and Roberts for collection. We rang Ross and Roberts, who were in fairness understanding, and they agreed a repayment plan which we stuck to like glue. In December 2015 I contacted them to make a payment and they gave us a figure which they said was the amount needed to clear off the debt. I then paid that amount and was told by the lady on the phone that the debt was now paid and we owed nothing more. They would cease any action against us. We didn't think any more about it We got a letter from the council saying we were in arrears with our council tax and they were taking us to court. I went into the offices to talk to them they told me that there was still £470 owing from the previous liability order and that they'd used my council tax payments for that year to clear this off. I explained everything about Ross and Roberts, how they said we'd paid it all off, but the woman insisted that they hadn't collected the full amount and had left £470 uncollected. That was why they were using 2016s council tax payments to clear off those arrears first. After much arguing, they agreed to cease the court action and use the money we had paid for the current years council tax. As for the £470 owing they would simply add it onto the bill and we could repay that on top of the current years council tax over the year. Owing to financial problems we fell into arrears with the council tax, and because as they put it "you have a bad history of paying" they just sent the matter to the courts and we were given another LO. When we contacted Ross and Roberts to sort out payments, they told us that there was still a LO for £470 owing which they were treating seperately, and had added £310 costs onto that bill. Not only that, they added £310 onto the amount for that current year as well. Had Ross and Roberts not told us that we had paid off the full bill, back in 2015, then we would have carried on making all the payments as planned and we wouldn't have been hit with a huge amount of fees, not only for the £470 that they incorrectly didn't collect, but also because that then had a knock on effect for the current year, and owing to us owing the grand sum of £110 for the current year, they whammed us with £310 charges for that. So if you can understand it, we ended up paying £620 in bailliff fees for two liability orders. One for £110 which I accept we owed, and £470 which Ross and Roberts had themselves told us we didn't owe it was their mistake when they didn't collect it as they should have done back when we were willingly making payments to clear off a debt that wasn't even ours in the first place as the landlady should have paid it.
  9. Car hire sites to provide full costs upfront after CMA action READ MORE HERE: https://www.gov.uk/government/news/car-hire-sites-to-provide-full-costs-upfront-after-cma-action
  10. Hello! I went to court with my neighbour over a land dispute. I had to withdraw from the trial because I am deaf and the audio loop wasn't working, but the Judge refused to adjourn... This is probably a whole other area, however, the neighbour was awarded costs of £23k and has now placed an Interim Charging Order on our jointly mortgaged house. My husband is not the debtor. I want to know if I can argue that the Award is unfair, not just because of what happened in court, but also because it includes a 100% success fee, which I feel they are not entitled to because I did not receive the Part 36 Offer which the neighbour's lawyers said they sent to me prior to trial. They are unable to prove I received it as they only sent by first class post. The hearing to decide whether the Charging Order is to be made final is in August, and I wonder if anyone can advise what I should do if I wish to object to the award for costs. My husband will object to the Charging Order. What argument should he provide, please? There is little equity in the property, as there is a lot of work which needs doing, including subsidence. The Judge was biased and failed to adjourn when it was discovered that the Audio Loop necessary for me to participate in the Trial, was not working. He instructed the room to shout and speak slowly for my benefit. None did as they were all the opponents witnesses. All of what they said under cross examination was of no consequence. I entered into litigation after much studying, and was confident of success. What went wrong? I am now being taken to court by my opponent for his costs.. £23k.. He is trying for a Charging Order, too.
  11. Can anyone help on this issue. About 3 years ago I put a cigarette out when unexpectedly being called into a shopping centre. I shouldn't have, and I got caught by council enforcer. At the time, I was going through a very difficult break up, and was homeless as a result effectively. I am self employed on a low income, and could not claim tax credits as the previous relationship I was in meant my name is still on the deeds effectively its my home to the tax credits people they said I was still living there, even though I wasn't. Hadn't for 7 years. I had spent my time travelling around , and staying with clients, friends, the new girlfriend I had, and my brother. My reasonable income and security was effectively taken when the Banks called my business loan and overdraft in when they got in trouble, as they did to a lot of self employed. Stupidly I remortgaged and that's a drag too. still have to pay it so my ex doesn't get evicted. And just surviving off the little I earned. Very difficult to do my books as its all a mess and I have nowhere I can do them properly atm despite being under the tax threshold I still have responsibility to do them but that is difficult in the circumstances. I had a big row with my brother 3 years ago as I was staying there. We don't speak. He just put return to sender on any of my mail that came there, which was mostly junk. But apparently he has discovered they have been chasing me for a fine as a bailiff company told him. He pointed out that it wasnt him and I haven't lived there and we don't speak. He is demanding to know where I am living so he can pass it on to me. I had completely forgotten about it and now its about £1500 as it went to court and everything. There is no way I can pay it, prove my very low income, or effective homelessness (I am staying with two lots of very kind friends free, and don't want the bailiffs knocking on their door). So what can I do? I am told I could even be arrested for it? This is terrifying me as I only have a subsistence living and cannot pay it and cant prove my income atm . I never received any notification of the court date three years ago and had forgotten all about it. They are looking for me but dont know where I am obviously and neither does my brother. I dont want to get him in trouble either, so can I approach the Court or what? If I had known re the court date obviously I would have paid when it was low.
  12. They used to be Blemain, now are 'Together'. I am always behind with my mortgage. I am on a very low self employed income and it is erratic. So always end up having to pay three or four months arrears when they threaten me with an eviction. They have an court order due to persistent late payments. My circumstances have changed since I lived at the house...my gf who is also on the Deeds split up. She pays the mortgage, I pay the second mortgage with Together which is about £500 a month. I can never do one of those things with income and outgoings because is so erratic and I dont even live there. But I pay it every few months when I can so she doesn't lose her home, and at some point maybe we can sell it. But, because of all the charges and extra interest etc the amount I owe after paying it for about 10 years is about £10k more than I borrowed! Yet am Paying £6k a year! Total amount is about £60k and its a high interest rate because that is all I could get at the time. So virtually everything I earn bar about £100 a week pays that. And as I only get money erratically and then £2-3k every three months or so on average, I can never get in front just keep paying off the arrears and my living and some debts. So I am very depressed about it and cant see a way forward, except that one day we may be able to sell it. But there is no equity in it atm, and I am losing £6k a year really while the market is stagnant and yet actually reducing nothing its gone up over £10k. Problems started when the banks called my business o/d and loan in as then I had no way of budgeting to cope with the erratic income. I am effectively homeless, and cant even get tax credits because of my circumstances, and living between a few sets of friends and a new girlfriend. She has a tiny flat so I cant store anything there, and cant stay at all when her son is there...no room to swing a cat. All my stuff is with friends in my 'rooms' there, and I have nowhere to sit and do my books which are a few years behind and no doubt I am being chased for that too on money I haven't earned but fines for late books. I am in a total mess and cant see what to do. What can I do? Are these charges even legal? I am told they are not? I want to sort this out first as it will be one thing off my mind if I can stop them doing that. Then I have to face the HMRC and explain why I haven't done my books for several years afterwards.
  13. Hello CAG Members, I hope you can help.. I just returned home while being away for few weeks and I received 3 letters from mml and moriaritylaw. It looks like to me mml and moriaritylaw work together and this is in relation to the same debt. So 1st letter is from mmf - dated 27/06/2017 demanding payment for their client 405.00 Then 2nd letter - dated also 27/06/2017 demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50 Then 3rd letter - dated 13/07/2017 - Final demand before proceedings, demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50 Long time ago i toke a Pay Day Loan with Mr Lender and I paid it off however i was late and I think by one month. I pulled out my recent credit file and Mr Lender is there and status of account is 'Closed'. I'm nit sure what to do next. There is no default on credit record, account status closed - settled. Please help I looked carefully through letters and it looks like those are for 2 debts.. So 1st letter (debt) is from mmf - dated 27/06/2017 demanding payment for their client 405.00 owned to CFO Lending. Then 2nd letter - dated also 27/06/2017 demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50 Then 3rd letter - dated 13/07/2017 - Final demand before proceedings, demanding payment for their client PDL Finance Ltd t/a MR Lender £787.50 Looking into my credit report I have only entry from Mr L and as closed / settled. Nothing on CFO Lending. I think I might have this loan but then stopped paying as I was rolling loans to cover other loans... help please... Apologies, here now in one multipage pdf. Letters.pdf
  14. This is a useful High Court judgment and one that should serve as a reminder to anyone considering litigation, that an error by an enforcement agent is not automatically trespass and most importantly, that any claims for loss/damages etc must be proved to arise directly from the agents misconduct -which very often will be difficult to prove. There is also the matter of the need to provide evidence to support any claims (something that was seriously lacking in this case). Background to claim: On 12th March 2015, a writ of control was issued against Mr Miller for £408,00. This related to a judgment from March 2010 for £330,000. I am assuming that the difference between both figures relates to interest on the debt. The Creditor passed the writ of control to a High Court enforcement company to enforce. Of significance, was that the address on the writ was ‘Sunnyview’. In 2014, Mr Miller had moved from that address to a rented property (called Yew Tree). On 26th March 2015, the enforcement agent visited an airfield*where Mr Miller had a business.The purpose of the visit had been to locate two small aircrafts (a Pitts and a De Havilland Chipmunk owned by Miller). The enforcement agent met with Mr Miller and took control of the vehicle that he had been driving (a Jeep), and one of the aircraft (the Pitt). The claimant made payment of £1,600 towards the judgment.Goods were not removed that day. Following the meeting, Mr Miller claimed that the enforcement agent went around the airfield ‘questioning everyone’before gaining peaceful entry into an airfield building where he looked for documents. He left, taking documents and keys to the aircrafts. The Enforcement Agent then went to an alternative address (xxxxx Mills) to make enquiries. Mr Miller had told the enforcement agent that this location was connected to his business. There he was allowed access to the property to search for the second plane; (the De Havilland Chipmunk). The plane was there, together with other aeronautical parts belonging to Mr Miller. A short while later, Mr Miller removed the plane to a friend’s barn in Cirencester. The following day, (27th March 2015) Mr Miller visited the High Court and made an application for a temporary 'stay’ of the writ. The stay was lifted 2 months later (on 27th May 2015) and re-imposed on 5th June 2015 (it was finally lifted on 24th July 2015 after he failed in an application to ‘set aside’ the judgment). Mr Miller's arrest and charge of ‘interfering with controlled goods. Despite a ‘stay’ being imposed, and despite his Jeep and one of the aircrafts being ‘taken into control’, Mr Miller removed the aircraft and aeronautical parts to various locations including his rented property (‘Yew Tree’). *He parked the PITTS on his driveway under a tarpaulin. The enforcement agent became aware that the seized items had been moved and accordingly, on 20th June 2015, he attended ‘Yew Tree’ . Nothing was removed on that day. Instead, the police were called and Mr Miller was arrested and charged with ‘inferring with controlled goods’. The court stay was finally lifted on 24th July 2015 and the following day, the enforcement agent removed goods. Further items were removed a couple of days later. According to Mr Miller, he had a number of hearings for the criminal charge, the final one being in January 2016 at Swindon Magistrates Court where he claimed that he had been acquitted. No details appeared to have been provided for the acquittal (more on this shortly). He claimed that the Magistrates Court had supposedly been satisfied that he had moved from ‘Sunnyview’ to ‘Yew Tree’ in April 2014. It would appear that he had been assisted in court by an internet sourced ‘Mc Kenzie Friend’. Removal of goods and sale. The goods were eventually removed by the enforcement agent at the end of July 2015 and sold at public auction for £34,000. The auction was advertised. (Continued in following post):
  15. We have had numerous issues with a caravan purchased from a dealership in less than a year we have had approximately 44 issues with the caravan with several issues being serious. Four of the issues resulted in the front and rear panels being repaired and then replaced. The advice I got from a lawyer was as follows; Although I appreciate you approached XXX Caravans to supply you the caravan, as you took out a hire purchase agreement with Black Horse, they are the retailer of the caravan. T herefore any rights you have under consumer law are to be exercised against Black Horse and not XXX Caravans. Under the Consumer Rights Act 2015 Black Horse have an obligation to ensure the goods supplied to you under a contract are of satisfactory quality. This means they should be fit for their purpose, free from minor defects, safe and durable. For the problems you have described in your email it would appear this is not the case, as a result Black Horse are in breach of the contract between you. I have always been under the impression that the supplier is the retailer and that the contract is between the consumer and the supplier and if there are any issues I need to approach the supplier and not the finance company although the finance company do have a responsibility. As we have had so many issues with this caravan which appears to be a Friday afternoon lemon made from left over pieces of other rejected caravans, we are considering rejecting the caravan even though we have had it since July 2016. The £1000 deposit was paid using a credit card with the balance financed by a trade in and HP. The caravan cost in excess of £30000. We have had approximately 100 days usage from the caravan. The question is whether the advice from the lawyer is correct or not? Thanks.
  16. Would someone please kindly point me in direction of some recent schedule of costs examples for circumstances like this? Thanks
  17. Basic background is a claim for around £600 against a large retailer. Mediation has failed, a hearing seems to be on the cards. Which, if any, of the following costs can be claimed from the defendant, assuming the claim succeeds of course. witness' loss of earnings for attending the hearing witness' travel costs claimant's loss of earnings for attending the hearing (There are two witnesses who will have to attend because the defendant will not accept witness statements from them instead and is persisting in disputing basic facts on principle) accountant's fees for providing proof of loss of earnings (claimant is self-employed, defendant is insisting on strict proof of the loss of £200ish, 16+ hours, even though the accountants fees will be more than the claim, fees were not included in the original claim)
  18. This is going to be a very long drawn out case, unless someone can offer some element of hope for us. We completed renovations to a derelict property about 2 ½ years ago. Our porch needed a new roof which was done with a trocol membrane. In a storm back in January 2016 we returned from a trip to find a metal pole on the flat roof which had a covering of gravel. My immediate suspicion was that it was the remnants of an old tv aerial, but as it was only the pole, I have since found it to be referred to as the mast, not the aerial itself. This is important as it was referred to as an aerial when I rang to make the claim. Because of the gravel I did not notice the membrane had been punctured, but removed the pole and lifted down a bracket/clamp that was on the main roof. In the August of 2016 we noticed a dry rot problem, which had previously been identified and treated during the renovations, had come back with vengeance. I notified the company that treated our house and they began stripping the property apart under warranty to determine the source. It was then that we found the porch roof was compromised which had allowed damp to enter the property. I notified MoreThan/RSA that the pole was suspected and they sent out Building Validation Solutions. Their "inspector" was quick to dismiss the case, suggesting we would get nothing from the insurance company as dry rot was not covered. It was explained that we were not claiming for the rot but for the porch roof, hall, stairs and landing decoration and vestibule door due to the leak, and that everything else was being covered by the rot company. BVS suggested to decline the claim due to rot, but yet some three weeks later, agreed inadequate costs and issued a scope of works for a patch job with inferior materials than what was listed on his first report to insurers. After rejecting this, RSA sent out their own senior loss adjuster, from a fraud unit??? who took a statement and agreed that BVS had not conducted themselves correctly, and asked for estimates for the repairs. These were for different aspects of work, building, plastering, decorating plaster moulding etc and as they were emailed to him, he agreed them individually by email. Over a couple of months, he was aware we had begun the works as it was nearing Christmas and we had a lot of work to do to rebuild our home. 5th December he sent an email giving his account of what he had agreed "as he saw it" and was going to transfer funds. This was an inaccurate figure as he had forgotten to include some aspects of work he had previously agreed to, but after a quick couple of emails he accepted. At this time I had asked him to consider the exterior rendering of the front of the house to match the new render of the porch at our builders request. This went over what he was authorised to pay and he referred it to in house specialists due to escalating costs. We have been fighting ever since. It is worth noting that this loss assessor was happy that we were being fair and reasonable with regards to the claim, considering we were only looking for the porch hall stairs and landing even though the rest of the house was in a mess. At this time, they decided to send out a forensic investigator and she would be accompanied by the same BVS inspector that had been proven to be incompetent in the first place and we have subsequently found out lied on his report, suggesting he used pole cameras outside to assess the origin of the metal pole we found, when he most certainly did not. During the forensic visit we provided some drone images which show that the old pole that was present when we bought the property had been since been removed during renovations unknown to me, and that it could not have originated from the chimney stack after all. My reasonable and logical suspicion of a pole that I was able to prove was on the property before works began from old footage was clearly incorrect. I found out a week or so later after a few anxious nights of no sleep worrying about the implications, that the pole was in fact something my son had used to extend his reach while cleaning gutters out with a trowel, which he had inadvertently left of the large chimney stack while he was cleaning up. This was explained to the insurers, so the forensics wanted to interview my son, which was facilitated and he explained what had happened. The forensic report has recently been forwarded by the ombudsman after I lodged a complaint due to the time that has been involved and their treatment of us throughout. I have found a significant amount of inconsistencies, and the report is heavily based on guess work, estimates and opinion rather than facts. With the porch being completely rebuilt and no pole available to inspect, it is hard to understand how the forensic investigation could have been anything other than an opportunity for the insurers to wash their hands of the case based on conjecture, yet the ombudsman has declined to side with us and given much weight to the forensic report considering it was independent, and have rejected the claim. The costs of these works has been in excess of £30K which was all agreed as the quotes went through, and emails can confirm this. What I would like to know is if the RSA loss adjuster by agreeing these costs and knowing we had begun works has accepted the claim on behalf of the insurers. They are claiming that because I didn't accept the original offer of just over £20K, on the 5th December, even though the loss adjuster accepted in reply emails he had calculated the figure incorrectly, and omitted some of the previously agreed costs, they are not obliged to pay anything. They were entitled to investigate further and a flimsy forensic report with steering by BVS to clear his name was the reason. The title of the report from forensics is "Damage caused by Rot" for instance, which stinks of BVS influence, considering that is not what we were claiming for, and she has not once referred to the RSA loss Adjuster nor has he been involved since the 5th December as he was "sick" and now no longer works for the company. Any guidance would be most appreciated. We are in financial difficulties after heavily loading credit cards, borrowing from family and from our business which is struggling to pay suppliers now, on the strength of this agreed fund coming to pay them all back, and the lack of sleep worrying and what feel like panic attacks, knots in the stomach and sweating are wearing me down. Perhaps RSA policy is to break my spirt but hope I can get a shred of help to fight this one last time. 11 months almost....and counting. Many thanks if you have got this far reading and in anticipation of you helping with advice.
  19. Almost five years ago, both my parents passed away and instead of selling their property, my siblings and I decided to rent their property out. To cut a long story short, a London LA refused to accept that the property was rented out. As the next of kin, the LA took me to court for five years’ worth of outstanding council tax, this is despite receiving council tax payments in different tenant’s names. The case was repeatedly heard at the Magistrates court. There were several adjournments and it eventually went to the First Tier Tribunal. The panel agreed that our property was indeed rented out. How do we start the process of claiming all of our incurred costs back? What format should the costs be created in? Do we submit the costs directly to the magistrate’s court or to the LA? What are the do’s and don’ts of claiming costs from a LA? At the very start of the court hearings, our solicitor stated inside the magistrates court that we would claim all of our costs back. Some of the costs which we incurred were: (1) Solicitor consultation fees (2) Solicitor court attendance fees (3) Solicitor telephone conversation fees (4) Solicitor case draft fees (5) Solicitor tribunal attendance fee (6) We spent a lot of time attending a lot of court hearings, which we’d like to claim back. (7) We spent time writing and calling passed tenants, which we’d like to claim back. (8) Are we entitled to claim for travel and lunch expenses? (9) Are we entitled to claim for stress, anxiety and ill health caused by the court proceedings
  20. this has no connection to any other topic ive done before (and i say this because i know ive confused myself and messed things up previously) i have recently gained this letter and a copy of the fee application, however i havent been given the application they are referencing and was hoping somebody could tell me where this form is. i have emailed them but itll be about a month before i get a response.
  21. I started an important thread earlier today concerning a recent court judgment where a debtor was ordered to pay £7,000 in costs after losing his claim against Harrow Council and their agent; Newlyn. The background and Judgment can be read by way of the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(32-Viewing)-nbsp To ensure that the original thread does not go 'off topic', discussions about the judgment can be posted here.
  22. Hi guys 1st post My mother has an outstanding debt with bailiffs for Council Tax. She had an agreement with bailiffs to pay it off and defaulted after 2 payments as she could not afford it. Now they want the amount in full. They say they have requested for 'Commital to prison' which scared my mother until i explained it to her. They do not have a 'Controlled Goods Agreement' at all I have today disputed the amount as the bailiffs starting balance doesn't match what is owed to the Council. To be clear this is before any alleged fee's from the bailiffs themselves. It is just the 'starting balance'. I intend to pay it for her in a couple of weeks when I have the money together BUT I do NOT intend to pay the bailiffs fee's. Instead, what I intend to do is pay the Council in one payment via online payment what my mother owes them. Leaving the fee's with the bailiff's!! If I pay the Council, then the debt can't be passed back to the Council as the fee's would be theirs and theirs only. My intention then is, on Common Law grounds, is that I get my mother to say she doesn't consent to these charges from the bailiffs. Which is a total of £310. They are only claiming this money under the 'Control of Goods Act 2014'. Now, when the bailiff's are only left with their fee's and no actual debt - would she able to refuse consent? As an Act is only governed by consent. The other option is to just leave them with their fee's and ignore them. As it is a Civil matter - and without proof of claim - they can't actually do anything. I reach out to you guy's for answer's on this. Am I right to think I can get one over on the Bailiff's this way? They have very naughty attitudes when she calls them BUT seem very polite to me when I call! I would LOVE to get away with this
  23. I was having difficulty with my debts which are around £12K. I am on benefit, and so I foned up Debt Free Direct to see what they could do. I am very upset that all they could offer me was an IVA - 7 years paying £130 a month. Naturally I had to sign up because I was getting constant harassment of one of my creditors Halifax who kept foning me up every day demanding money I didn't have. I am now wondering if the IVA really was the right solution; they didnt offer me a Debt Relief Order which is what I would have prefered. Is there anything I can do besides letting the IVA fail (which I dontwant to do because Halifax will harass me again). Very distressed by the whole thing; Debt Free Direct knew I was on benefits; I really cant see myself paying £130 a month for 7 years, especially as I could loose my benefits at any time anyway, they failed to take this into account. Because of being on an IVA no company would give me advice as I have rung around several this morning; they said the IVA would have to fail before anyone could help me!! NOT happy can anyone please help
  24. I recently fell behind with some rent payments, which I'm now paying back. My Landlord issued a claim for possession through the courts and the hearing date is in April, however, today I received a form 6a from the Landlord and I'm really confused! Does this go hand in hand with the Court hearing? It appears tactics have changed. How do I stand with a 6a as it states 'no fault possession. The Court claim says it's due to rent arrears. Please could anyone shed some light on it for me?
  25. I am the owner of a car and my wife the driver. On 31/03/15 my wife met her friend on for a meal one evening and parked side by side with her on what they thought was a free car parking space at the side of the Croma Italian restaurant in Prestwich , Manchester. neither of them saw any signage and plus it was about 7:30pm in the evenings wasn't expecting to pay parking. Apparently there were signs according to excel? After now numerous letters from excel parking, zenith, rossendale (all ignored). We have a letter from BW legal - a final notice saying that as i have ignored the last letter offering a discount of £80 they now have been instructed to commence proceedings in county court if i do not pay with 10 days of the letter date . The letter is dated 9th may 2016 and I received it on the 14th may. The letter states i have to pay £54 excel costs plus £100 fine. - Remember i am not the driver (I'm the owner). I have never corresponded to parking charges before and they always stop after a year or so but these seem more "legal" and possibly I'm now entering a reality whereby they will take court action? Q. has anyone had this "final notice" letter and when or how did you deal with it?
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