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Found 5 results

  1. Myself and my wife moved into a 55 age group housing association flat around four years ago. It's been bliss for the four years, now the housing association has moved in a new tenant above us, he's a 58 year old Heavy Metal fanatic, our worst nightmare! As expected the noise has started to get worse, especially since the tenant purchased a boom box and a sound bar sound system, the noise isn't particularly loud but there is a constant boom boom noise which gets to you after a while. We went to see the tenant and asked him very nicely if he could turn the volume down because the noise is booming in our living room. The person got very angry and said that the housing association informed him that he could play his music whenever he wants and at what volume he wants. The housing officer is calling to see both of us tomorrow, but I dont hold my hopes up because this tenant is so selfish and inconsiderate. What makes matters worse is that my wife suffers with high blood pressure and has had a few strokes, she's been crying for the last two days because of the fear that our home has been ruined by the selfish actions of this tenant. If in the event that the housing association fails to do anything would they be responsible for arranging a transfer for us under the duty of care? I know this is a drastic way to resolve the problem, but I can see nothing but trouble by staying at this tenancy.
  2. I Parked at the rear of Argos whilst I went straight to Argos to pay for the item. It had already been ordered on line. I was gone for no more than 5 or 10 minutes. When I returned to my car, there was a UKPC parking charge on the windscreen. I had parked a few yards away from the collection entrance as there was already a car there, and I didn't want to block any ones way. It was a Sunday and very quiet. There were plenty of other parking spaces available. The ticket on my windscreen states "A Parking charge of £ is outstanding" ....... there is no figure printed there, but if you look VERY closely, the printed amount is on the line below and mingles with further text so cannot be easily seen. I have a receipt from Argos for the item purchased, whose date and time is one minute away from the one on the parking ticket. I went back into Argos to complain, but the girl said it was nothing to do with them as it was not their land. I've also contacted Argos help on line .... and been told to sort it out with the parking company. I've also rung CAB for their advice. I've read some of the threads on here and feel more optimistic. Am I right in thinking that I need to wait for UKPC to write to me before doing anything? I realise that this would mean I might have to pay the £100, rather than the £60 (which is buried in the text) Any help gratefully received. Whatever the outcome though, my view of Argos has plummeted. Also, an elderly gentleman who parked at the same time as myself, got a parking ticket too. they must have been rubbing their hands together that day! The signage did say do not leave your car unattended, but I assumed that Argos owned the land, and being as they tell you to go around the back, that it would be alright to park there to pay for the item. Apologies for the length of this, but I wanted to give all the facts. Thank you P.S. The area I parked in has signs saying "No Unauthorised Parking". It was not a car park you bought a ticket to use. My parking Charge states "Parked in a permit area without displaying a valid permit"
  3. Hi everyone Long time lurker, have successfully used advice from these forums in the past, so a big thank you to everyone taking time out of their busy lives to help all of us who are unfamiliar with how to deal with such agencies. Back in 2010 I fell into debt due to a business failure. I have a few creditors and all but one have been very reasonable. Following advice from the then CCCS I entered into agreed payment arrangements with my creditors and this has been working fine for both parties involved. I recently received a letter from Shoosmiths with regard to the Natwest debt. It was my understanding that Shoosmiths were debt collectors who had purchased the debt from Natwest as I am paying Shoosmiths directly, and have been for quite some time. They are asking quite aggressively for me to fill out a pretty invasive form which includes the expected income and expenditure but also lots of other personal details that I wouldn't normally pass on to anyone, such as employer details, asset details etc etc. My question is, what information am I bound by law to pass to them? I feel that a basic income and expenditure budget sheet should do, but they are threatening court action if they don't get everything they want. I am furthermore uneasy about providing personal information after having read of their failings by sending a lot of debtors information to one debtor they were pursuing. Any advice would be greatly appreciated.
  4. My daughter had her car seized and taken away for 6 unpaid £35 parking tickets, all received outside her own front door whilst waiting for a residents parking permit. The parking trolls knew she lived there but never once knocked on her door to give her the chance to move the car. She has lost her job and cannot afford to pay car park fees and has been trying to move her car around, not easy when you are a resident and there is nowhere to park if you are not a resident. She was not given any warning that they were going to take the car and it cost us £2200 to get it back. The bailiff from Jacobs didnt even give her the chance to pay any money to stop him taking the car, he just took it. She then received a letter, the day AFTER they took the car, warning her that she had 10 days to make an arrangement to pay the outstanding amount. This was dated the day before they seized the car and was for £1700. Strangely, the debt increased by £500 over night and she wasn't even given 24 hours notice. These people are shysters and operating on the say so of a shyster council. The bailiff even had the hard face to call my daughter a liar to myself as I was handing over the money to release the car!! She is not a liar, he did not hand her a notice, or post one through her door. This is now proven by the fact she received it through the mail/post!! And he rang to tell me his office had not posted any letter out They have not acted within proper lawful procedure and I am sure this is happening more than we know about.
  5. I am thinking about sending this letter to Bannatynes as they are threatening to take me to court. Please let me know what you think. Thank you. Without prejuice : I am writing to express how very disappointed I am with your company. I feel you have failed to address my complaints, and your use of heavy handed collection techniques which I believe have no place in the business of dealing with consumers, as stated in the unfair contract term act 1977. I feel no contract has been broken myself, as I have signed no contract with you. so no terms and conditions were told to me. I believe I need a membership card with a picture of myself to use your facilities I have not received or used, ( i.e set foot in your gym.) I contacted yourselves to cancel my contract within 14 days of the contract starting, stating that I myself did not sign the contract which was in my name. I was informed that I was unable to cancel as it was a 12 month contract, which was very strong. I contacted Sue Roberts the club administor of Ashford kent branch and left messages but received no reply. So i feel that unfair terms in the consumer contacts regulations were have been apposed upon me, so will not stand up in a court of law. I will defend my case and costs will be awarded to me. So far I have paid £480 for faciilties i have never used, didn't sign a contract for and didn't want. As a good goodwill gesture I would have imagined Bannatyne's Health club would have at least changed the membership into my wife's name so she could at the very least use the facilities i was paying for. This was not the case. After speaking with your company several times about the fact that the contract is in the name of Mr x, but not signed by the same name, i would now like a copy of this contract sent to me along with my membership card, which up to this point i have never seen. Please understand that i have tried to resolve this matter with yourselves on several occasions, but since you have now threatened me with a CCJ, i feel i have exhausted every avenue with you. Please find enclosed copies of some case law that i have found relevant to this case, which i am sure the judge will find most useful. For the measure of damages in contract, see 12 Halsbury's Laws (4th edn) paras 1174-1176 and for a case on the subject, see 17(2) Digest (2nd reissue) 248, 1271. Cases referred to in judgments Addis v Gramophone Co Ltd [1909] AC 488, [1908-10] All ER Rep 1, HL. Bank of New South Wales v Milvain (1884) 10 VLR 3, Vic Full Ct. Bliss v South East Thames Regional Health Authority [1987] ICR 700, CA. Brown v KMR Services Ltd [1995] 4 All ER 598, CA. Davidson v Barclays Bank Ltd [1940] 1 All ER 316. Evans v London and Provincial Bank (1917) 3 LDAB 152. Gibbons v Westminster Bank Ltd [1939] 3 All ER 577, [1939] 2 KB 882. Hadley v Baxendale (1854) 9 Exch 341, [1843-60] All ER Rep 461, 156 ER 145. Heron II, The, Koufos v C Czarnikow Ltd [1967] 3 All ER 686, [1969] 1 AC 350, [1967] 3 WLR 1491, HL. Joyce v Sengupta [1993] 1 All ER 897, [1993] 1 WLR 337, CA. Monarch Steamship Co Ltd v Karlshamns (AB) Oljefabriker [1949] 1 All ER 1, [1949] AC 196, HL. Parsons (H) (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] 1 All ER 525, [1978] QB 791, [1977] 3 WLR 990, CA. President of India v La Pintada Cia Navegacion SA [1984] 2 All ER 773, [1985] AC 104, [1984] 3 WLR 10, HL. Rae v Yorkshire Bank plc [1988] BTLC 35, CA. Rolin v Steward (1854) 14 CB 595, 139 ER 245. Wilson v United Counties Bank Ltd [1920] AC 102, [1918-19] All ER Rep 1035, HL. Cases also cited or referred to in skeleton arguments Hill (Christopher) Ltd v Ashington Piggeries Ltd, Christopher Hill Ltd v Fur Farm Supplies Ltd (Norsildmel, third party) [1969] 3 All ER 1496, CA; rvsdsub nom Ashington Piggeries Ltd v Christopher Hill Ltd, Christopher Hill Ltd v Norsildmel [1971] 1 All ER 847, [1972] AC 441 HL. Marzetti v Williams (1830) 1 B & Ad 415, [1824-34] All ER Rep 150, 109 ER 842. Prehn v Royal Bank of Liverpool (1870) LR 5 Exch 92. Seven Seas Properties Ltd v Al-Essa (No 2) [1993] 3 All ER 577, [1993] 1 WLR 1083. Victoria Laundry (Windsor) Ltd v Newman Industries Ltd (Couldson & Co Ltd, third party) [1949] 1 All ER 997, [1949] 2 KB 528, CA. Appeal and cross-appeal By notice dated 18 May 1994 the plaintiff, Udele Edirin Kpohraror, appealed from the decision of Master Tennant in chambers on 16 February 1994 whereby he awarded the plaintiff damages of £5,500 in respect of an action for breach of contract for wrongful dishonouring of his cheque against the defendants, Woolwich Building Society, contending that he was also entitled to recover special damages for loss of profit on the transaction and on ten further shipments which would have followed from it. By notice dated 7 June 1994 the defendants cross-appealed against the award on the ground that the plaintiff was only entitled to nominal damages. The facts are set out in the judgment of Evans LJ. Daphne Loebl (instructed by Anthony Gold Lerman & Muirhead) for the plaintiff. Katherine McQuail (instructed by Morgan Bruce, Cardiff) for the defendants. Cur adv vult I look forward to a speedy response. Yours Sincerley Mr x
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