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About Me


Found 17 results

  1. I'm the executor of a will and the estate includes a property. The relative has died just before the insurance is due to be renewed and I'm having problems finding cover. I'm being told that I can insure it as a second home once probate has been granted but until then I can't. I'm guessing that because I'm not the owner yet I have no insurable interest in their eyes. I can't be alone in this situation. Is it really impossible to insure a property throughout the process of probate?
  2. Long story short - may get longer later: My wife bought a vaping kit from a shop in Chester on the 2nd July this year. £50. Product is here: http://www.innokin.com/vaporizers/cool-fire-iv/ When I first got it, it seemed perfect, worked well, did what it was supposed to do. At the end of August it basically stopped working. Put it on bedside table before going to bed (pressed button 3 times to put on standby), woke up the next day and found it completely dead, nothing seemed to spur it back to life (charging, pressing buttons, checking physical on/off switch on bottom). Took it to the shop on Sunday 4th, was advised couldn't do anything as it was 'out of warranty', went on to advise them about Consumer Rights Act 2015 and how I was entitled to repair/replacement within 6 months of purchase if a fault occurred. The staff member (basically the owner's son) then advised that they could have a look at it and they'd be in touch. Subsequently got a phone call on Monday advising that they could sell me a replacement for £15. My response is below (by this point I found the owner's email address through their FB page: "Vape Shop, I am writing to you in relation to the Cool Fire IV kit that was purchased from your business, XXXXXXXXXXXXXX, on 2nd July, 2016. Subsequently I found that the device has developed a fault where it will not turn on or show any signs of functioning. This is despite normal operational and care taken when using the product. I received a call today from a member of staff at your store who advised that the business would be willing to offer a replacement for the product, at a cost of £15. I advised the gentleman that I would need to give this some thought. Though I appreciate the offer, I wish to decline the offer and exercise my statutory rights to a free replacement, under the Consumer Rights Act 2015, which makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. As the item in question has developed a fault within 6 months of purchase, I am entitled to have the item replaced at no additional cost and I would request that you confirm that you will do this within the next seven days. I am hopeful that we can reach a mutually beneficial outcome, one where I would gladly continue to make regular purchases from your business, and that other potential customers are aware of your business’ dedication and care towards its customers. Feel free to contact me on this email address or on my mobile of XXXXXXXXXXX. Kind regards, Jimmy Jangle" Later on that day I get this: "Jimmy. I am sorry to hear you are not happy with our service , as i am sure if you speak to any of our other customers, you will find we go out of our way to give good service to our clientele. In this case , however, I am sorry but the cool fire has obviously been well used for the last two months. I strongly believe that this fault has arisen through wear and tear and as you yourself admitted , worked well when purchased. The "sales of goods act" states that; if the seller does not replace or repair faulty goods, you are entitled to a reduction on purchase price (which we have offered) or your money back MINUS an amount for the usage you have had of the goods. Judging by the scratches on the battery the usage was quite a lot. It also states that ; " if your claim under the sales of goods act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear. We like to have happy customers and would urge you to reconsider our offer of a replacement battery for a heavily discounted retail price of £15. I am afraid this is the best we can do in this situation and if this is not satisfactory to you, we will be sorry to lose your custom. Regards, XXXXXXXXXXX." My most recent response (Removed website addresses as don't want to be seen as advertising): "XXXXXXXX, Let me be frank; I know my rights, and have exercised them where required before, and always successfully I may add. I know many people who own and use a Cool Fire IV, and have seen theirs continue to function well for at least 6 months after purchase. My brother in law, for one, purchased his in January 2016, and still uses it to this day, and he uses his far more frequently than I did. That alone is evidence in itself that there is clearly an issue with the one I purchased, if it couldn’t last any longer than 2 months. Regardless of whether a device appears to function normally at the point of purchase, it remains the case that as the product has developed an issue through no action of my own within 6 months from the purchase date, I am entitled to a replacement at no added cost under the Act as discussed. Were the item to show age-related signs of degraded performance (ie. Battery capacity reduction), then I may be inclined to agree with your assertions. However, a device working that appears to work perfectly fine at near-full capacity one moment, then stop dead a matter of hours later meets the description of an item that isn’t fit for purpose). “Judging by the scratches on the battery the usage was quite a lot” The battery isn’t scratched – you’re referring to the housing in which the battery is contained. That is merely cosmetic and if any item would stop working because of a superficial scratch that was only on the surface, I’d stay off the roads as there’d be a few thousand cars that would come screeching to a halt in that case. If you could prove that the (minor) scratches were to be the cause of the fault – I’d be more than interested to see this. Furthermore, I should point out that you didn’t post the paragraph after the part regarding court action, I quote the paragraph in full: “If your claim is about a problem that arose within six months of buying the product, it's assumed that the problem existed at the date of delivery and it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.” – As I am claiming within 6 months of purchase, even if this were to go to court, the burden of proof will rest with the retailer, not the customer. As the manufacturer themselves provide a 90 day warranty (US only, but that isn’t relevant), then it can be assumed that a product that fails in a lesser timeframe has developed a fault. I would also like to point out that the “reduction on purchase price” actually applies to a situation where the money paid initially for the faulty item is refunded, less a deduction (however this only applies after the 6 months from purchase have elapsed) I am aware of my rights under the act (I am an established and very active member of a number of vaping and consumer-related websites, including XXXXXXXXXXX, XXXXXXXXXX, XXXXXXXXXX and XXXXXXXXXX to name but a few) , I have been completely honest about the situation, and am disappointed with the response given so far, which in the opinion of all I have discussed this with (including the aforementioned websites), is in total disregard of my statutory rights. In view of this, I have no option but to reiterate my stance, which I will not deviate from: Unless a replacement is provided under the terms of the Act within the next 7 days, then I will seek further action, up to and including issuing proceedings against you in the county court to recover the amount paid for the item at fault, with associated costs and statutory interest, with no further reference to you. I have already submitted a complaint to Cheshire West and Chester Trading Standards, and will make it quite clear via various local and national outlets (Vaping-related forums, Social Media, Press and TV), that your business does not take its customers’ rights seriously. Yours sincerely, Jimmy Jangle" Thoughts/opinions? I ask as it seems that new Vape shops seem to pop up a lot and are run by people out for a fast buck and have no grasp of basic consumer law...
  3. Lance Corporal Scott Hetherington of 2nd Battalion The Duke of Lancaster’s Regiment has died READ MORE HERE: https://www.gov.uk/government/news/lance-corporal-scott-hetherington-has-died My heart goes out to his Family on this sad news.
  4. Hi all Nearly 6 months ago my Father in Law was diagnosed with terminal cancer. The Palliative Care team at his Hospital immediately requested that the council fit a level access shower in his council flat. 4 months later, his wife had heard nothing so rang the Council up. Was told that the adjudication Panel had rejected the request! The next day his daughter phoned to plead with them to reconsider. They immediately phoned back to say they had granted the application. No reason was given for the refusal or the reconsideration. She was phoned in August to say they would start work on shower on the following Monday. They never turned up. No reason was given. He passed away mid-September. The shower was never fitted. For the last few months of his life he refused to leave the flat because he was worried that he smelled. This despite his wife washing him frequently using cloths and bowls of soapy water. I have registered a formal complaint and I'm awaiting the response. I have had a phone call from the Director of Adult Social Care who apologised but refused to provide any explanation. He told me to register a formal complaint if I felt his apology wasn't sufficient. I have made FOI request for the minutes of the Panel meetings. However, I am now considering legal action to seek financial compensation for his wife. Would she have a case and if so, how would I go about it?
  5. My Dad passed away recently. He died without leaving a will. He did not own any property, had no cash or assests. On his death he had a basic bank account which contained a few hundred pounds of Social Services, Direct payment money - ring-fenced to pay for his social care only. I contacted the bank and they were willing to administer and close down the account without the need to apply for a grant of administration. The money in this account has been repaid to social services and the account closed down. There are no assets - only personal possessions. The most valuable item is an MP3 player worth maybe £30. His funeral expenses have been divided out amongst the family. Unfortunately he left unpaid debts which he'd been making token payments on for a few years since he retired on health grounds. All of the debts in question are in his name only. I've been writing to his creditors with a copy of the death certificate and a simple letter explaining that the estate is insolvent. Today I've had a letter from a company called Assisted Probate Services. They've been instructed by their client - Experto Credite (who were handling one of my dad's debt on behalf of Barclays). The letter is asking for details of my father's executor with the aim of recovering the debt from his estate. I am wondering how to handle this letter. I am minded either to ignore it: it is addressed to the executor (technically as there is no Will, there is no nominated executor) or reply with a short letter explaining the circumstances. Another reason for writing to them is that I am assuming this company is associated with a debt collecting company and so might resort to their tactics like phone calls and threatening to call in person - so part of the letter would be to withdraw permission for them to call or visit. Alternatively is there anything else I should do? Thank you in advance.
  6. 'Martyn Uzzell, from North Somerset, was thrown into the path of a car after hitting the pothole. An inquest heard North Yorkshire County Council had missed opportunities (even reported to them by the police) to repair the A65 in Giggleswick....' http://www.bbc.co.uk/news/uk-england-32215664 http://www.dailymail.co.uk/news/article-3033555/Widow-cyclist-killed-hitting-pothole-Land-s-End-John-O-Groats-charity-ride-wins-six-figure-compensation-payout.html also, Mrs Windsors designer killed whilst cycling to work http://www.standard.co.uk/news/london/london-arts-visionary-moira-gemmill-killed-by-lorry-while-cycling-near-lambeth-bridge-10167161.html
  7. https://www.google.co.uk/search?q=leonard+nimoy+died&ie=utf-8&oe=utf-8&gws_rd=cr&ei=ddbwVPecI87KaKK3gogH
  8. Hello, Pretty simple question really. My father died a few weeks ago, I'm his oldest daughter (not even 30 yet, never thought I'd be planning his funeral at this age). We've since discovered he had three credit cards, and has three interest only mortgages, and two repayment mortgages (4 were buy to let properties, bought so mum would have a bit of an income should anything happen to him - all pre-2008 so needless to say selling isn't an option). Dad was quite financially savvy so it's very unlikely he'd have paid PPI - but we'd like to double check to ensure he wasn't paying for something that wasn't needed. Best case scenario - we find evidence of missold PPI and reclaim for mum to use paying off his cards. Second best case, PPI covers his loans/credit and are paid off in the event of his death. Worst case, there's nothing, in which case we lose nothing. Any thoughts on how to start the process, and what he may have been missold on? Is it simply a case of checking his bills and seeing if there is an itemised charge for PPI? Or will it have been included in his interest rate/total charge? Credit cards and mortgages would be the first starting point, but I'm assuming it could have been anything? Also, I am executor of my parent's will in case they were to both die, however in the event of my dad dying he didn't (as far as I'm aware) have a specific executor. Would mum as his spouse be entitled to claim/investigate on his behalf? Thanks so much for your help in advance. I've got a lot of reading to do, but hoping to get it all under my belt after the funeral.
  9. Hi New here so excuse me if I don't quite post fully. Many years ago my mum had a loan from Barclay that became a CCJ. She never paid and it sat dormant until 2007/8 when she tried to get credit and it reared it's head. The debt has been sold on and a originally an agreement to pay 25 and then 50 a month was set up..since then the debt has been sold on a number of times. The final DCA was GPB and an agreement of £50 was carried forward. In October my mum became ill and this debt was on her mind, she considered trying to get a single pay off. When I looked into this I found that the solicitors had been suspended and no payments had been taken for a couple of months. Due to the fact my mum was terminally ill and we had other things to think about we decided to wait to see what happened...nothing has but on 7th July my mum died. My husband and I are executors and responsible for her estate. Her estate obviously includes this debt. Although we are just applying for probate we are aware we couldn't "distribute" to my father without making provision for this debt. I think it is approimately £5k but I have not been involved for a little while and and have no paperwork from gpb and no idea how to find the exact amount or if it is even payable. The debt was my mother's and not joint. Her isa would cover it if necessary but not a funeral as well.
  10. Hi, I have found myself in a bit of a difficult situation. I will try the simple description and hope there is some advice! My 31 year old friend died about a month ago and i was named as the execuator on his will which leaves everything to his wife (who has a 1 year old baby). Most of his assets are straight forward to deal with but he owned two properties which are going to cause some problems! Both properties are on interest only buy-to-let mortgages but him his wife and baby lived in one of the properties and the other is let out to tennants. The property that is lived in is worth about £170k and the remaining mortgage is £100k. The property that is let out is worth about £125k and the remaining mortgage is about £90k but provides about £400 profit each month (at current interest rates!). The wife really wants to stay living in the current house. I think at best by selling the other property and the other assets we could raise about £50k but that would still leave £50k outstanding on the mortgage. I don't want to contact the mortgage company at the moment because they may demand the debt be paid and it is easy for the wife to make the repayments at the moment. What should i do? Any help would be appreciated
  11. Hi Bought an 02 plate Vauxhall Vectra on 7th September. Today it died. 130k on the clock but looked in good condition. (famous last words) The breakdown mechanics said the engine was spinning too fast on cranking suggesting that there was little or no compression. Even though I topped the oil up a couple of weeks ago, today my dipstick wasn't long enough I am going to email the trader soon and see what he has to say. I am suspecting they will try to wash their hands of it. This thread is just so I have a list of any progress I make. I don't want to invoke SoGA as yet but I will only give them one opportunity.
  12. Basically picked up a car saturday afternoon. Used car but I was happy enough with it. £1000. Had a short test drive and it felt good, looked around and on the face of it all very good, no problems, dealer had all the papers and stuff, everything in order. Was an engine light but he told me this was ignition coil which was haggled off the price paid. Paid on debit card and set off out of Birmingham, 20 miles down the m40 lost power and pulled onto the hard shoulder. Car wont start and battery dead etc, turn the key and all the lights went out and clock reset etc. Towed home by RAC, got home at 10pm after standing in the rain for 90s mins. Emailed him last night telling him what happened and asking where to go from here. Basically he said I need to get the car to him and get it checked out which is a lot of effort so I asked if I could get a local mechanic friend to check it which he agreed to. He had a look and after hoping it was the alternator he came back saying it is certainly more serious. Cant remember what he said off the top of my head but we are talking £600+. Let the dealer know this and he now says to bring the car back over so his mechanic can have a look. My personal preference now is that I want my money back, ive put £25 petrol in the tank and i'm hiring a tow truck so i'm out of pocket immediately, id rather put this down to experience. Now the fact that he wants his mechanic to see it gives me the impression that he is thinking of doing the repair. In fairness the dealer has been polite and quick to respond to all emails and contacts, he has several far higher value vehicles and is selling on Autotrader. Where do I stand here legally? Also how should I accept a refund and what should I receive to confirm the refund? I realise I have not used a credit card but ive read somewhere about debit card chargebacks, what is the situation with these? Any advice much appreciated, i'm going at 2 tomorrow afternoon.
  13. Hi, My ex-partner recently died a few years ago while I was with him he took out a 2nd mortgage loan on his house to clear his debts but I signed too - the loan people said I needed to sign because I lived there. The house was not in both our names - it was his house and the loan was secured on his property. He said it would not affect me, they just needed to know who was living there. We split up nearly five years ago. I don't know where I stand with this. He had not been paying it, his mother says she has found a lot of horrible letters regarding this with my name on them too. I'm afraid I may be in a serious amount of debt. Any thoughts or advice you could offer would be appreciated very much. Ali.
  14. Hello people I need a bit of advice please a letter was received from Phillips & Cohen on 7th of November at fathers house even though he was no longer married to my mam . My mam passed away in November 2009 and i dealt with bills etc nothing was left and rented flat etc these people are after over 3000 pounds from the estate but nothing exists is it best just to ignore these people or tell them that there was nothing left also i did find there letter distressing as it was received only a day or two to the day mam passed over sounds like these people are heartless what do you people think thanks inadvance for any info
  15. BBC reports that Clive Dunn (Dads Army fame etc) died in Portugal after complications after operation aged 92 leaving Wife and 2 daughters.
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