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Found 143 results

  1. Hi all, writing this for my mum as she's too stressed to think at the moment, I hope you can help us out. Some time back my mum and dad got a joint loan, she did the earning and he did the spending, she wasn't wanting the loan but was talked into it by him. A few years later they seperated and she remarried. Financialy the loan was taken over by idem servicing and the debt was just over 10k, they had both aranged to repay this equaly from June 2000. Mum stopped payment as she had paid her half, then was contacted by letter in her old name asking to get in contact for the account. She has found that her ex (dad) has not paid a penny, she has spoken to them several times about this - as she is jointly liable. They are saying the account now stands at 4.6K Sorry for my first post being so long but she's under issues with re-joining work after an operation, having been on Statuary Sick pay which has not helped, and we would like to ask for any help or advice. Next week is the first opportunity to contact the CAB but I would like to ask if anyone can help? With thanks Jason
  2. Hi Guys, Wondering if I can find out if I have a Liability order. I left the UK 8 years ago and I am planning to return. I did have a dispute with the Council at the time of departure. As far as I understand it, the LO does not appear on the credit file. Is there another way of finding out. I really to not to get into a phone conversation again with the council after all these years. Thanks
  3. Hi, looking for advice I've discovered this forum. Apologies for long post...... Two weeks ago I was involved in a car accident on a roundabout. I was on my way home after picking my children up from school. I approached in the right hand lane, this lane leads to either the middle lane or the right hand lane of the roundabout. The lane markings on this major roundabout are clearly marked. I travel this route 2 to 3 times a day and as usual went to the middle lane. There were numerous cars on either side of me as we went over the motorway. After the next exit my lane becomes the left hand outside lane - and the roundabout exit lane to the motorway. A white car on my right started to indicate then immediately pulled into my lane, there was a sudden bang and the force of the impact knocked my car from the lane. There was damage to the side of my car – driver’s door and side wing, and side trim hanging off. The third party didn’t get out of their vehicle. As I was about to go speak to her, she made no acknowledgement and drove away through the traffic lights - from the left hand outside lane, which is the exit lane only to the motorway, and back around the roundabout to the right. The side trim of my car was hanging off and scraping on the road but as I had not even had the opportunity to obtain the third party’s vehicle registration number I had no option but to go after her through red traffic lights. She had then gone through a further set of traffic lights. I caught up with her and signalled to pull over. The driver stated she hadn’t left the scene of the incident (despite driving away not knowing whether or not my car was even driveable, had made no acknowledgement to me, driven through two sets of traffic lights before I was able to catch up to her). As she hadn’t stopped at the scene I called the Police as I had concerns whether she would provide the correct details under the circumstances. I was given an incident number. The third party apologised, said she believed the right hand lane she was in merged into the lane I was in. Why did she indicate if these lanes ‘merge’. There was absolutely no reason for her to change lanes, as both lanes lead to the same exit. I told her to go and check the lanes and she would find the lanes do not merge. Third party car had damage to front nearside wing. Can clearly see damage to my car is caused by the front wheel of the third party vehicle from the large round black rubber mark. This shows the third party’s wheels were turned towards my vehicle. This was 100% not my fault and I have told my insurance company I will not accept any liability for this incident. The problem is the third party has the same insurance company, at first they seemed helpful and reassuring but the last few times I’ve called for an update they seem to have a different attitude - where’s the proof she went into my lane, where’s the proof she drove away? Apparently the third party has not yet responded. The insurance company has suggested it would go split liability if it comes down to my word against hers without any cctv or witnesses. Hopefully the third party will be honest about what happened. Any advice would be appreciated.
  4. Hello, I had work done by a builder about a year ago, but since then I have had nothing but problems. The beams in the roof have not been installed correctly, causing major cracks in the loft room and below, the windows have not been installed properly and many other issues. Does anyone know if this sort of thing would be covered by a builder's product liability insurance? He built and installed my roof incorrectly and also installed my windows wrong, which in turn has affected by brickwork. Given that he built and constructed my extension, does that mean any faults found after he left can be claimed for, or would he have to claim for each and every fault that I have found. By the way the builder has accepted that he did bad, so I am going to assume that if the insurance company play fair, they will pay out.
  5. just wondering if anyone can tell me what the position is RE liability when there are 2 names on the council tax bill. I only just discovered council tax has been unpaid for the whole year. The bills have been shall we say intercepted before I ever saw them. Likewise any letters from baliffs (the company is one i've had dealings with before - and I don't like them - the seem very underhand.. I digress). So, having finally been made aware of this i'm looking to pay the bill by end of next week. (I contacted the councill last friday about it and got them to send me a bill). However, there have already been visits from the aforementioned baliffs. Just wonder what position is if they come back and try to seize goods and such. And also what the position is regarding fees they might chage for doing so (or any fees they deem to be payable because they have been already). Any help appreciated. Thanks.
  6. 2 years ago i bought a motorcycle and titles never changed to my name .seller called me now and told me that 1 year ago supposingly someone took my bike and failed to stop on police signal in the night. the police contacted previous owner as it was still registered to him, went at the police station but he didnt remember my details to contact me. now,after 6 months, he remembered my details as he stands a court for failing to transfer the titles and he said he is going to mention me in the court. ofcourse it wasnt me. by the way i have transferred the titles to my name today. i dont want to blame the previous owner as the truth is that i had the bike but didnt commit that offence. as i checked my messenger i was talking to my gf that night from home so i can prove that and from my ip. how can i prove it and what can i say if called to court after all this time? what are my liabilities? more over will i be the keeper in law's eyes? best regards
  7. Hi all, I wonder if there is anyone that could advise me in a pressing matter. Below are the details: Myself and two others held a lease for a commercial property between June 2012 to June 2017. In 2015 upon the breakdown of the business we had agreed with the landlord to surrender the lease and hand back the keys. The keys were handed back amicably however we were foolish in not signing any documents and neither was any provided or suggested. Until this time all business rates had been paid and settled. In the last two weeks a letter was received at my parental home (where i resided at the time but have not been for the last few years) about a liability order that had been at the Mags Court. This letter was handed to me via a family member and this is the first instance were i learnt about any of this issue. I immediately called the local council and told them the facts who had informed me that the landlord had informed them that we were liable for the business rate payments for the period of August 2015 until June 2017 (beginning the the circa when the keys were handed back and end of the original lease) I advised the council that the lease was surrendered upon agreement with the landlord and there was no paperwork besdies WhatsApp messages providing undoubtable proof that there was an agreement and the keys were given back to such extent the landlord requested the keys so that he could put it back on the market. I sent the council copies of the WhatsApp messages to review and explained the circumstances. They did not respond to this. Earlier this week, a family member called me to inform me that an Enforcement Agent had visited my parental address looking for me. The Enforcement Agent was informed that i do not live at the address - he spoke to a 15 year old 'minor' and left some correspondence. I was supplied with this Enforcement Notice and proceeded to call the Agent informing him that i did not reside at that address and asked him why he had spoken to a child to which he replied he was not aware and then claimed that this is the address that they have. I complained and asked him why a sensitive piece of correspondence was left in the knowledge that i did not reside there and i currently have no fixed abode. I also questioned him on their registration with the Information Commissioner (i am a Data Protection expert) and noticed that the company Onesource was not registered and in a number of places are non-compliant with Data Protection regs - he immediately hung up. I proceeded to contact the business rate team and asked them if they had reviewed the WhatsApp messages to which they replied they had not but would not review them as they do not think it is sufficient but asked me to speak to the landlord and get some documentation. Having spoken to the landlord he refused to acknowledge that we had agreed to terminate the lease and would not speak further. However, upon reading 'implied surrender' there is no doubt that the nature of the messages provide outline that 'the agreement is inconsistent with the continuation of the lease' as such there is an 'implied surrender'. I again messaged the council and asked them review the messages as there is no prescribed method for an 'implied surrender' if they are not able to do so then they should escalate. This is all in addition to a notice to the Information Commisioner with regards to the data processing activities which are non-compliant and subject to substantial fines. My family members at my parental home (whom i have little contact besides a younger family member) are as far as i am aware working on a Statutory Declartion to advise the council and enforcment agent of my non-residence. I did not receive any correspondence from the council or courts as i do not live at the address and any that was sent there was likely returned or destroyed - i do not know. I have tenancy agreements for residences that i resided over the last few years but do not want to provide them. As mentioned at this time, i am living with some friends and couch surfing whilst i find a place to rent. I have not assets or cars or anything of substantial value - not even a TV in my name. Additionally, I am no longer in touch with my business partners and do not know exactly where they live. They only have my address. The business was run under a Ltd company (now dissolved) but the lease and business rate were in individual names. Is there a way to appeal to the courts? or the council? What are my options? I would appreciate any advise you can give me.
  8. This is regarding a tripartite agreement between a Principal, Agent and Third party. The Principal is only liable for the tort (and/or failure) of the Agent if the Principal is undisclosed. The Principal is NOT liable if he had been disclosed prior to the agreement. However, can the Third Party sue a prior disclosed Principal on the grounds that he was negligent in choosing the Agent in the first place? Also, can the prior disclosed Principal be sued because he had significant control over the Agent? Thanks a lot and I would greatly appreciate any case law.
  9. Hi all I hope that somebody an assist with a money claim online against FedEx. It concerns a package that was mailed by my wife and I from the UK to India. It contained life saving medicine for our cat. Unfortunately it was delayed –FedEx admits liability for the delay – and it meant that the medicine was no longer viable. It was specially packaged in insulated wool with ice packs which kept it temperature controlled for 72 hours. FedEx have refunded the £177 that we paid them for carriage but we have had to pay another £207 for the medicine (its original cost) plus another £50 or so for the packaging for the medicine. We submitted the claim and FedEx asked for extended time. We then received a letter from a paralegal from TNT stating that their conditions of carriage meant they were not liable. I’ve attached the letter here. When I sent the claim, FedEx had not at that point refunded all of the original order but they have now. The letter is attached. Fedex had to reply by 29th May. What I’m puzzled about is that this letter is not recorded on my money claim online dashboard but seems to be trying to warn me off continuing with the claim. I have a couple of questions: 1.) Can I ignore this letter and just see whether FedEx will actually dispute the claim and go to court to contest or just pay up? 2.) If it goes to court, does anybody agree that the conditions of carriage are unreasonable exclusion clauses and that just because they said they are not liable does not mean that the court will agree. I stated that the cat medicine was £207 in the original FedEx order. I just want to be put back to my original position. I have letters from the vet saying that the medicine is no longer viable plus a letter from the drug company stating what would happen to the medicine if it ceased to be temperature controlled 3.) Do I need to provide a power of attorney for my wife? Thanks in advance for any advice – basically – should I continue the claim or is it unlikely to succeed? NB: Some interesting caselaw here: https://openjurist.org/917/f2d/1119/hampton-hampton-v-federal-express-corporation
  10. Hi everyone, I have joined this forum for some much needed help. I bought a car from Available Car (i won't say which one or no doubt they will email me and kick off) with all cars they offer a 3k 3 month warranty. I noticed the car had a window fault and also a mechanic had noticed during the service the spark plug plug rail had a spark plug damaged. I contacted them and they told me it was no worry and i was covered under warranty so to bring the car in. I took the car to them in July and they diagnosed it did have a fault and they would repair it once the part came into stock. I asked them to put this in writing, they did do this. They then did not call me for 4 weeks and so I chased them, i was told to bring the car to them on July 31st as the part had come into stock. I took the car to them on July 31st and left it with them to repair. Now my car for road safety purposes and also car insurance purposes has a transcend dashcam which records inside the car and the exterior. I left the dashcam in and gave them the keys, they then did a pre-check on the car for any dents/faults etc and only noted a driver side alloy wheel being scuffed. the next day I got a phonecall on 1st August to say everything was repaired. I went to the car and noticed damage to the passenger side door (a scratch) and a chip on the edge of the front bonnett and grill. I notified them of this immediately and also I discovered the window was not repaired properly. They told me they would rectify the issue and asked me to let them have the car longer. I then decided to take the dashcam out of the car and look at the dashcam footage to see how this damage could occur. When I got home i found quite a bit of footage I would deem shows they did not take reasonable care of the car. One clip shows a gentlemen cleaning the car with a dirty cloth, another with his sweatshirt and in one clip a gentlemen who seems agitated he has to take the car to their workship for repair and is muttering words like *** sake every few minutes or so. In this clip I also believe you can hear stones hitting the car so hard that the camera has caught it which may have caused the chip/damage to the grill and perhaps bonnett. I also noticed they drove the car around without seat belts on and using mobile phones. As soon as i found this footage I contacted them and their branch manager contacted me and told me the cars are kept in a rocky compound and stone chips could happen but that they would rectify this (he rang me). He also asked for a copy of the footage I explained this was 50gb of footage and over 50 clips stemming throughout the day i would have to put this on a file sharing site like youtube for him to view . He said that was fine. I waited until 4th August and rang them again they told me the grill would come into stock on 5th August as it needed a whole new grill and that they would touch up the bonnett area. On the 5th I heard nothing and rang them, they told me the grill had not come into stock and I could collect the car and they would ring me once the grill had been ordered. I went to go and get the car on the 5th August and noticed they had polished the passenger side scratch down however the damage to the grill and bonnett was still apparent. I then got into the car and noticed my USB had been stolen and also some cigars which were from Bulgaria alongside some glasses had been damaged. I didn't leave site and immediately reported it to them, with it being a Saturday the workshop had closed they helped me search the car for the items and some of the staff but we could not find these. I was told they would investigate and call me back. I was so angry that I rang the police and reported it as theft as the usb was a 64gb drive which had my music, images of my family on and also navigation maps and connected to the vehicle you see. The police gave me a incident number. I then said that the branch manager was waiting for the footage and explained I found it very unusual that i had filed a complaint about the treatment of the vehicle in their care and now items had been stolen/damaged consequently. I also told them that I wanted a copy of their car signature sheets for hand over to them as it had no disclaimer about leaving property in the car neither did their premises. They gave me this. I then got a spare 8GB usb and went to try and copy the footage onto a USB so their manager had it, unfortunately the one to two clips were bigger than the whole usb, i put screenshots on there and a video of the dashcam and how it should sound without stone chips hitting it. i gave it to a gentlemen at available car whos name i took and he promised it would be handed over to the branch manager. I was furious and went home and did upload the clips to youtube, youtube told me I had to blur out people's faces so I did that using their blur tool. Admittingly I shouldn't have put the footage on youtube and exposed them, but I was so angry that one of their staff had stolen my stuff that I did lose my cool. 3 weeks and have gone by and I sent them two letters and these are copies of the letters- this letter i sent on the 4th august directly to the branch manager via email(when i was furious)- Dear Avallable Car Reference: XXX On 31st July 2017 I took the above vehicle- XXX into your garage for repair of two window faults and a snapped bolt in the spark plug rail which were on the vehicle when I purchased it, which under your warranty agreement and the Consumer Rights Act 2015 and Supply of Goods and Services Act 1982 you agreed to rectify. While in your possession for these repairs the car was damaged/missing items as follows: Car was scratched on the door with two scratches in a t shape on the passenger side door. This scratch remains on the vehicle and has only been partially rectified although has been lightly polished off by Available Car there is still a slight line/mark remaining now in a straight line. Stone chips were marked on the front bonnet’s edge of the vehicle where it is lifted and opens and in the chrome grill surround area of the front bonnet Car Headlights was left on which may have caused battery damage and require replacement/drain/inspection. Two items went missing from the vehicle. One item was returned damage to me (some designer sunglasses were bent) Your staff’s pre inspection of the car stated no bodywork faults with the vehicle except wear and tear on the car’s alloys, before it was handed in, which is evidence they were not on the vehicle before it was handed to you. You were under a legal duty to take care of my car while it was in your possession, this did not occur. When you take your car into a dealership like Available Car, it's protected under the law of bailment, which says that anyone you entrust with your property has a responsibility to take reasonable care of it. If they fall short of this, they're responsible for any damage or loss incurred while your car is in their possession. In addition, the Consumer Rights Act (which replaces the Supply of Goods and Services Act from 1 October 2015) says that your dealership must provide its service with reasonable care and skill and will be responsible for any damage/loss caused if it doesn't. Dealerships might display notices denying responsibility for loss or damage to vehicles in their possession however I note that I have checked the paperwork shared on drop off to you, photographic evidence of the documents I signed and also photographic evidence of your premises you have no notices/disclaimer regarding this. Photographs have been taken and stored to verify this. Under the Consumer Rights Act, which replaces the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999, the Availble Car sales agreement terms and conditions- these can't be used to try and take away, limit or restrict my legal rights in any of your contracts terms and conditions for your responsibility to duty of care of the vehicle. Therefore I am within my rights to ask for my car and the missing items to be replaced and repaired or be reimbursed. Whatever the cause, it’s very unlikely that a court would uphold any claim from your company that you are fully or partially to be exempt from all responsibilities here, espically in this case where there is dash cam 1080P HD footage of your staff and an independent garage/s who can confirm that my car’s bodywork was free from damage. I was informed that the car was repaired on 1st August. I checked remote access dash cam footage which showed that car did not go to an Audi dealer as I had been led to belief by your staff it may do if they can't rectify the issue. There was no evidence that any repairer saw my car as if they had they would have had to check the automatic window which would have caused the dash cam to start as soon as the vehicle is started and just that it was in the workshop to have the spark plug rail fixed, which the images on the USB provided to you show. The window can not be operated without the car starting. I asked to see proof that a mobile mechanic had been and no paperwork was supplied. The Consumer Rights Act 2015 and Supply of Goods and Services Act 198 requires you to use reasonable skill and care while carrying out work.- THIS DOES COVER MISLEADING CUSTOMERS OVER THE REPAIR. The fact that the vehicle was damaged while in your possession is evidence that you failed to take reasonable care. The dash cam footage shows damaging stone chips/excessively forceful driving and noise whilst the car was moving from site to site and this may be due to your site being untarmaced and worn access roads but in this instance seems to be as your staff member was upset he had to repair the vehicle. If your grounds could cause marks or chips, there should be a disclaimer again which you do not declare to customers or have any legal disclaimers to warn customers of. I have now had the car back to me on 5th August, a light scratch remains on the passenger side door and the chrome grill is still not rectified as ‘the part has not arrived’ and I have found contents have been stolen from the vehicle. The car head lights were also left on, which I have photographed and may have caused battery loss. A USB stick which is a 64GB unit is missing and I am informed your workshop deny to have it alongside expensive cigars which were purchased from Bulgaria on my recent holiday. Your staff have helped search for the missing items and been unable to find them in the vehicle when I reported this whilst the vehicle was on site. They have told me they hold no liability for personal items left in the car during when it is in your care for repair. I have taken photographic evidence of your building and premises alongside the car repair paperwork and this lack of liability is not in writing anywhere, therefore you are liable. This theft/damage has been reported to the Leicestershire police force and they will be investigating this matter as I intend to fully prosecute who has stolen my property. I believe they will be in touch with you shortly and are interested to see the dash cam footage too, specifically the mobile phone usage whilst driving. Since reporting this to you and speaking to you, you informed me and implied to me from my understanding that your impression is that my car’s bodywork was poor condition originally when it was bought to you and it is implied none of the damage was caused by Available Car however you will rectify this anyway, which I believe to be untrue and unjustified. C J Bull Motors in Arnold, Nottingham CHECKED both the front and back bumper on Saturday 29th July (these were the areas resprayed) and I have receipts to prove this alongside photographic evidence as I constantly check my car and care about this car so I have it checked the bodywork regularly as part of its regular valet/maintaince. Both the AA, C J Bulls Motor Bodyshop and Pitstop Garage Mechanics do not agree the car’s bodywork was ‘poor condition’ and rated it is as good/excellent on their inspections of the vehicle. There was no scratches or damage to any panels of the bodywork as per the photographic evidence I have and witness statements these professionals have agreed to provide. If the car’s bodywork was poor when it was purchased as implied by Available Car then I was mis-sold the car which is a breach of the Sales of Goods Act as at no point was this mentioned to me or put on any paperwork. Whoever removed the USB device had to go into the glove compartment where the USB ports are to remove the USB drive and none of your staff had any reason to go into this area, therefore I do believe this was a intentional theft. I have invested money into the vehicle in both servicing and bodywork costs to rectify the ‘used’ condition of the vehicle and ensure it is well looked after, so this is not a lack of care on my part which I can provide evidence of. I strongly believe the missing USB was removed by someone from Available Car to stop the dash cam recordings from reaching management after I contacted them on 3/8/17 as the thief believes it holds the camera footage of them from 31st July/1st August, however sadly they are wrong . The packaging for the 64GB USB that is missing and was stolen, is now in your possession as this was in the vehicle at the time and handed to XXX under CCTV at your branch. The spare USB you hold images of the clips from is only a separate back up 8GB USB to be clear which your IT team can verify. As a result of this theft I am now left with no USB devices whatsoever for my vehicle to use. I have also lost personal images of my XXX, music, videos and all my paid navigation content which were on the USB stick including purchased navigation maps. The reason I believe someone stole this USB on your premises is as the dash cam caught footage of staff driving my car whilst answering and using their mobile phone without wearing a seatbelt. This is an illegal motoring offence (the police have confirmed it is as your area has a public road and public access and it not thus deemed as private property). The dash cam footage also showed a member of staff swearing inside my car and where it was moving about several times causing paintwork damage and not using proper cleaning equipment to clean the car which may have caused scratches. I have been left upset and angry that now the final straw for me is my car being returned to me with my Rayban Sunglasses bent, USB stolen and cigars stolen..in essence property being stolen and damaged. Because of this I no longer wish to enter into correspondence with you via telephone until you rectify this matter immediately as I am very upset about this all, so you can contact me just via email as I refuse to discuss this matter any further with anyone from Available Car via telephone- your branch have had numerous oportunities to rectify this and failed. You can email me your resolution. Youtube video links- REMOVED These links will be removed when the matter is resolved and for now have been kept private. I look forward to receiving, within the next 7 days, your written proposal to agree a satisfactory repair, at no cost to me and at a garage of my choice as I no longer have faith in you at Available Car. I also look forward to receiving a cheque for the missing items and repair of my Rayban sunglasses that were damaged alongside a form of compensation for the upset and inconvience this matter has put me at. If you fail to respond in that time or to do the above, I shall exercise my common law right to employ another garage to carry out the work and look to you to bear the cost. Any attempt to resist paying such a bill would leave me with no alternative but to issue a small claims court claim against you in the county court for recovery of the money without further reference to you. However, in accordance with the Civil Procedure Pre-Action Protocol, I would be willing to refer my case to the Motor Industry Code of Practice for Service and Repair, as I understand they have a free conciliation and low cost independent arbitration scheme. This would be a way of successfully resolving my dispute without resorting to legal action. Please confirm whether you are a member of the Motor Industry Code of Practice for Service and Repair as I will be also be passing this matter onto them. Yours faithfully, I rang them since sending the above letter and have recorded the phone calls, they constantly fobbed me of telling me it was being investigated for a few weeks and I got fed up so sent another letter shown below This letter was sent via email and post to available car and the branch manager- Dear Available Car Ltd Reference: Damaged Vehicle & Stolen Contents NOTICE: Intentention to commence Legal Action As it has not been possible to resolve this matter amicably an you have failed to respond to me since August 5th, it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct to warn you that I intend to take legal action against you. As you are aware my car has suffered damaged to the front bonnet, front grill and passenger side door whilst in your care. The car has also had numerous contents stolen and damaged whilst i in the vehicle has shown that your staff did not take reasonable care of my vehicle and did not clean the car with adequate cleaning equipment. I gave you since the 5th August to rectify this matter and you have failed to do so despite contact from myself to chase the matter. From you I am claiming the full cost of the repair to the parts of the motor vehicle you have damaged and replacement costs of the stolen/damaged items in the vehicle which total £1018.97 I have calculated this sum based on three quotes from three independent garages I have had inspect the vehicle and damage occurred. The cheapest quote I have obtained was of £802.18 including parts, paint and labour. The value of the stolen and damaged items totals £136.79. I have also occurred bills in telephone call charges and time equivalent to £80. Listed below are the documents on which I intend to rely in my claim against you: Pre Inspection Report of the Vehicle taken on 31st July by Available Car. HD 1080P Video Footage Evidence Footage clips taken from Vehicle’s Dash cam of Exterior and interior of the vehicle. Pre inspection quotes of the vehicle’s damage taken from 3 independent garages. Photographic Evidence taken of premises of Available Car which show no disclaimers regarding damage/stolen contents. A copy of Leicestershire Police's report into the theft/damaged contents of the vehicle which is being investigated by XXX In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents: A copy of all mileage logs you took at each repair A copy of every pre-inspection report of the vehicle that Available Car have taken every time they have attempted a repair and had the motor vehicle left with them. A list of employees who worked on the vehicle and had access to it CCTV footage of where the car was kept on 31st July-5th August A full list of their procedural investigation and what action has been taken since the complaint was logged with Richard Kennedy. I also note that Available Car Ltd have attempted to contact the file sharing site that some of the clips are being hosted on to claim a privacy infringement breach against me. I have responded to this with the site’s host and the host site has agreed no breach of privacy has occurred and has kept the clips up. I would like to remind Available Car that attempts to hide evidence like this are not professional and will not resolve matters. This footage was recorded in a vehicle which legally belongs to me and is my legal property and therefore the law only refers to video content being illegal if it causes ‘intent to distress’. These video clips are not all of the evidence to hand therefore do not cause any intent to distress and are done to help warn and prevent future consumers from having their vehicles damaged like mine has been. I am allowed to host this footage under Article 19 of the Universal Declaration of Human Rights, adopted in 1948, which states that: everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Regardless, I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further communication to you. I've since had a call off the plolice asking for the dashcam footage stating they will investigate that was on Sunday, but have heard nothing since. I then got this letter from the branch manager yesterday- Dear In response to your ‘Live Chat’ transcripts, customer feedback, calls emails and letter. Available Car Ltd do not accept any responsibility for the ‘stone chips’ on the bonnet and front grille of your vehicle. Your claim that we have caused these by driving your vehicle is not accurate, this ‘damage’ has not occurred whilst the vehicle was in our care and we will not cover the repair of these items, as we are not responsible for them. You claim that the video content that you have uploaded to YouTube is private, this is a blatant lie and illegal. The videos you have uploaded are in the public domain and can be viewed by anyone at the present time, it is important that you understand that our team members have not given their permission for you to ‘record’ them and did not give permission for you to leave your dashcamera on for them to be recorded when you left your vehicle on our private property, nor has any consent been given by them or Available Car Ltd for you to record on private property or post the footage. The individual employees are very upset that you have recorded them and they have begun raising complaints regarding the footage, that they were unaware of and had not given their consent to you, to use or share. I would remind you that individuals and/or employees do have rights and you have no right to record individuals without consent. You have shown no respect for the individuals privacy and these videos need to be removed immediately. This is illegal and we can have you arrested for posting these videos on Youtube. We intend to get a court order against you to remove the videos. Your video clips do not support your claim that we did not apply ‘reasonable skill and care’ whilst your vehicle was in our possession. You also claim that we have stolen items from your vehicle and damaged your sunglasses, your accusations are strongly refuted by us. You claim that members of the Available Car Ltd team have stolen cigars and a USB stick from your vehicle. A claim of theft is a serious allegation and I am pleased that you have notified XXXXX Police regarding your claims of theft, we will be happy to engage with them. Your claims are pathetic, Available Car Ltd employees have not stolen, damaged or removed items from your vehicle. Our Vehicle Technicians are all accredited within their profession, Available Car Ltd are not subscribers/members of the Motor Code of Practice for Service and Repair or any Alternative Dispute Resolution scheme. I accept your refusal to speak to me, and as a Final Response, we will not be paying you or any third party any money or ‘compensation’ regarding your ‘accusations’. I think the above letter is very unprofessional and for Available Car to go to the extremes of calling me pathetic is ridiculous. I want to now sue this company as I now they did damage my car but with only the pre-inspection report as evidence next to the 3 quotes I obtained am I really in trouble for leaving my dashcam on and following THEIR instructions to post the footage on a file sharing site such as Youtube? I feel like their manager set the whole thing up and strung me along to fob me off with the above email. They prior stated on the telephone the grill was on order but I now get the above? I did end up removing the clips in worry to be honest. In terms of me 'recording them' with out permission, the car dashcam is inthe middle of the car, its plugged into the cigarete lighter and shows display..i didn't physically go there and record them and surely they could have unlugged the camera if they didnt want to be recorded? I now want to seek some legal advise on my case really from you all?
  11. Dear team No matter what I do I cannot post this to your consumer forums online as you won't verify my email which I do not find in the spam folder or any other folder, it is not being sent. Council tax liability order was received after I received a notice to quit from my landlord on July 31st 2017 at [address removed]. At this time I was considered homeless by the council and I have attached all forms to prove it. The agreement shorthold assured tenancy states at 3b that all council tax as might apply to the rental of the room at flat [address removed] will be paid by the landlord as included in the rent, it is signed by both of us but the council says it does not stand and that I owe the tax for the room that is let to me at the property owned by my landlord and where he and his wife also are in residence as the owners of the property. The room has its own cooking facilitys and toilet so not share with rest of house though there are common areas such as the hall. The council tax liability order is dated to 20th august 2017 but i have a tenancy agreement with the council for [another address] from the 14th august 2017 which I prove (attached) There is no case number as it is just part of a batch assignment at bristol magistrates court for the 21st march 2018, there being no court to attend. The senior local taxation officer as Mrs F addresses none of the points I make to her and neither does any council office. They have advised me that I may appeal to a tribunal service but is that the best way forward here.? It seems wrong to me that they can do this in view of all the circumstances with even the dates wrong on the liability order itself, but because there is no court case I can appear at they seem to be able to dictate PRETTY MUCH ANYTHING THEY LIKE WITH NO RECOURSE TO ANY FACTS, AT ALL. The council tax officer states S.6 of the local government finance act 1992 makes my tenancy agreement with my landlord void?
  12. First post, so hope I'm in the correct place regarding the Motor Insurer's Bureau? Keeping it short: I'm interceding on behalf of an associate who's educational level is low in a liability case concerning the Motor Insurer's Bureau (MIB), which means my associate was 'uninsured'. Further, and to the best of my knowledge - I read postgraduate law and interned at a criminal law practice - my associate is 'liable', namely, not only did he have no insurance, but he rear-ended a vehicle. As a result of this my associate is not only banned from driving, but served a custodial sentence too - which is where I come in. Having been released from prison, my associate has received correspondence from MIB requesting for him to state clearly he's liable for both the RTA and any injuries sustained by the driver of the other vehicle, thus allowing MIB to process a claim and make a payout, the value of which MIB have not indicated. Having spoken to the case officer at MIB, an actual solicitor, in order to gauge what damages my associate may be looking at I was given a figure of £8,200 (far less than I feared) this was broken down into solicitors fees for the injured party, an award for medical injury and NHS Consultant fee. I made a note of all payments and dispatched an email requesting they clarify that my notes were correct and that my associate would not be looking at paying out more than the figure advised over the phone. To my surprise, I have received correspondence today that raises alarm bells and does not tally at all with the details I was initially provided with, namely, I was given actual figures over the phone, whilst the details below suggest liability is 'open-ended': "Our claim is currently reserved at £5,521.00 but we are yet to receive the medical report of Mr XXXXXX. A more appropriate guide as to the claim value would be known once we have the medical report, as the reserve is a guide only. However, we are aware that Mr XXXXXX insurers have incurred a loss of £2,100.00 in dealing with his vehicle damage. It is not known what their total disbursement is. In any case, we are not responsible for recovering the insurers outlay and they will pursue Mr XXXXX directly. Mr XXXXXX Solicitors' costs and disbursements are also unknown at this time as we are yet to be provided with their bill of costs and do not expect this until the conclusion of the claim. It is noted that it is difficult to give a response with situation regarding quantum being unclear at this time, however, we require a decision as to whether liability can be accepted, because only then will Mr XXXXX Solicitors provide the medical evidence, together with the schedule of special damages." If the liability costs against my associate were under £10K, my advice would be to accept liability, organise a payment schedule with MIB and try and sort his life out, given he's unemployed and of no fixed abode - hence, he's on a meagre income, one that would preclude in reality making much in the way of recompense. However, and as the letter clearly indicates, no 'fixed value' has been given formally in writing, despite figures given to me over the phone. I am further alarmed that after nearly two years no medical report has been issued to MIB, as such, and if liability in full is accepted, we may be looking at a medical payout alone in excess of the quoted set aside fee. I'm also struck by the fact that no police were involved originally at the scene of the RTA, that the accident occurred late in the evening where the claimant had actually been observed drinking alcohol at a local Pub and that the claimant, despite allegedly being injured, was observed drinking not only the evening after the accident, but for many evenings after said accident. My associated was charged with having no insurance, leaving the scene, driving whilst banned and a few other matters - that said, such were his own injuries he was at hospital within 1 hour of the incident and hospitalised as a result of his injuries - should have called an ambulance rather than had another witness/driver take him to A&E. Any advice welcome, particularly given my associate is trying to turn over a new leaf and stick to the straight and narrow, hence my own willingness to help.
  13. hi im after a bit of advice i recently used my local sainsburys car wash and managed to get stuck in it twice which caused quite a bit of bodywork damage so i reported it to sainsburys head office and they asked me to get 2 vat registered quotes which i done and they confirmed that the car wash was faulty and have decided to go along with the cheaper of the 2 quotes. the problem i am now having is the car has developed a fault which is far too costly and in my view not worth repairing and sainsburys want to pay the body repair shop directly to have the work done and i have benn offered a part exchange on a newer car and obviously i would have got a much better price for my car if the extra damage caused by the car wash wasnt there so shouldnt sainsburys pay me for the damage caused?? id be greatful for any help thanks in advance steve
  14. In the main area of the forum a few days ago, a debate took place regarding a question from a member of the public regarding a letter that he has received from a firm of bailiffs in relation to a Liability Order granted 6 years earlier. The OP wanted to know whether the Liability Order was statute barred (which it is not). Another poster advised that a complaint to the Local Government Ombudsman should be considered and that the LGO may likely make a finding of 'maladministration'. The following two LGO decisions would indicate that a complaint to the LGO would not amount to 'maladministration'. and furthermore that a Liability Order is not covered by the Limitations Act.
  15. I don't want to go into a 1000 word essay so I've tried to summarise this down into valid points and be as brief but detailed as possible. On 24th December 2014, I visited Halfords and purchased engine oil 5L bottle and engine oil top up service. When the gentlemen from the 'we fit' team came to my car he just had a orange pouring beaker and nothing else. On pouring the engine oil into the vehicle and inspecting the dipstick I was slightly alarmed that the staff member wasn't using any measuring device and was seeming freely pouring at his hearts content, I decided to take a photograph of the top op occurring. My partner and her son where in the car whilst this was all on going. I assumed being a Halfords 'we fit' member it was probably just my own paranoia that he wasn't using a measuring device or jug. On completing the top up the staff member told me I was ready to go and it was complete and was about to shut the bonnet when I quickly noticed and informed him that the engine oil cap had not been reapplied and closed to the engine oil unit. The staff member apologised saying he had been at work since 6am and was very tired. So I left the store. On driving approximately 1-2 miles from the store smoke started coming out of the exhaust of the vehicle which i noticed from my rear view mirror and wing mirror. I immediately stopped the vehicle and as smoke was starting to appear from the exhaust and engine decided to check the engine oil top up. I at this time read the engine oil dipstick and saw that it was 3 times past the maximum mark. I took a photograph with it getting into the evening and at this point it became dark quite early and also for proof of the dipstick. I then returned to the store. On this point on returning to the store a 'engine malfunction' light appeared on my vehicle. I informed them of what had occurred and 2 members of staff inspected the engine oil. The supervisor told me she'd get equipment to drain the engine oil with the staff member. When they got this equipment because of the size of my vehicle it would not fit. Therefore the supervisor said she would ring halfords autocentre and see if an 'engine oil overfill' would cause any danger to drive. After ringing them she came back and told me that a mechanic at Halfords autocentre said the vehicle would be safe to drive with engine oil overfilled. I asked why the engine malfunction light was occurring and was told it was probably a false sensor alarm on the trip computer because the car was just 'slightly' over on engine oil. I asked what would happen if my vehicle was damaged or stopped working because of this and was told by the supervisor that I would have to seek reimbursement after purchasing the repair from Halfords Autocentre by bringing the receipt in store. To me this did not make logical sense and after googling the dangers of 'engine oil overfills' on my phone I decided to go into the store and speak to the staff to get some form of written liability and promise in writing. On speaking to the original staff member in store and his colleague they would not provide me anything in writing. I therefore decided to covertly record the conversation so I had some form of proof of the incident occurring and evidence. On speaking to the staff instore the store manager was at a till behind them. The staff told me to not worry and if anything did occur that 'Halfords would pay for it' as they had 'insurance in place for these kind of things'. I was told that mistakes did happen and before staff had fitted batteries in wrong and Halfords had paid the repair. The store manager then said that he drives his car which has 150k mileage on it with overfilled engine oil all the time and it does no damage. With this recorded I left and drove my vehicle home. I decided that something still did not seem right as I had been told 2-3 different things about reimbursement (insurance being involved...paying it myself and being reimbursed..halfords paying the repair costs..). These were three different things and to me it was not logical to drive a vehicle with a engine malfunction light. I kept the vehicle parked up and switched off and did no further driving. I rang my breakdown cover and asked them to send a mechanic out for an opinion. When the mechanic arrived he told me the car was unsafe to drive and the advice Halfords gave me was wrong. It was not safe to drive a car with overfilled engine oil as it was as bad as driving the vehicle with underfilled engine oil. He put this into a report of the breakdown he emailed to customer services, which I later requested. I therefore waited until Boxing Day and in the meanwhile i was left without a car because Halfords was not open during this period. When I rang the customer services on 26/12/14 at 2pm I spoke to someone there and they promised me that my car would be repaired until I was 'happy'. I asked them provide this in writing in which they did in the form of 'case notes' that were forwarded to me. I was told this would be done ASAP and the store would be instructed on how to do this. On being taken home by my mother at approximately 5pm I got a phonecall from someone claiming to work for Halfords claim team. I therefore spoke to them and they told me that they would require proof of the breakdown report and that the car was unsafe to drive as a result of the store's misadvice and negligence. I therefore asked them to put in writing this. Which they did in a email to me on 26/12/14 at 5.23pm I sent them the breakdown report, dipstick reading and audio recording on 26/12/14 at 9.58pm On the 29/12/14 I was contacted by the claims team via telephone on Monday throughout the day who said they would get the car towed to an autocentre to be flushed. This was done and I then awaited the car to be repaired. I asked about what would happen to any charges such as taxi for transport because of Halford's error and as since Xmas eve I had been without a car. I was told to email any costs in form of receipts and they would be reimbursed. On the 30/12/14 I was told the car would be repaired at 5pm. I decided to ring the autocentre repairing the car and ask them to specifically look at the catalytic converter and gasket and do a emissions test and thorough check of all components of the car as I was worried that from seeking advice these could be damaged. I was told this would be done. I picked the car up at 5pm and was given no receipt or invoice and was told that the car was done. Neither did I sign anything. On picking the vehicle up I noticed that before the car had been towed it had 3/4 full of petrol. It now only had below half so i took a photograph of this and asked for 25% of the petrol to be reimbursed to me, as I would not have lost this petrol if the matter had not happened and I sent Halfords the original receipt. The following day I noticed that the A/C was no longer working and neither was the audio system/CD player and these components of the vehicle had been before. I therefore tried to call Halfords but was told by the customer services team that the claims handler was busy and so they would get him to ring me back. I tried to call Halfords two more times within that week with the same response. On the 6th January (6 days) later I sent Halfords a email to the email address they had been corresponding to me at informing them of the problems with the vehicle and my concerns. I received no response and when I called on the 7th January was told that the claims handler who was dealing with my case did not work weekends and had been off so to allow a few days for a call back. On driving to Nottingham on the 9/1/15 M1 the same engine malfunction light that appeared on the engine oil overfill re-appeared on my car's trip computer and dashboard with a weird smell. I decided to pull in and call Halfords customer service and demand to speak to a manager. On calling them they put me through to the claims handler who told me to take the car to my nearest autocentre. I did this and on the 10/1/15 the autocentre confirmed that the diagnosis was that the car had a 'emissions fault' and the 'catalytic converter' needed replacing. Halfords claim team called me on the 10/1/15 and told me that the repair would be started on Monday. On Monday 12/1/15 I was called by the claims handler and told the repair would take upto 1 working day but as this autocentre was under staffed that they would require further time, so a courtesy car in the form of car hire had been sorted for me with Enterprise locally to me. I was told I had to pay the deposit amount on the vehicle but the rental fees would be covered by Halfords. Therefore with no other choice I accepted the rental vehicle. I did this and got the courtesy car. On Wednesday 14/1/15 I was called by the claims handler to say that 'due to the cost of the catalytic converter' an 'investigation' was going to take place to see how the catalytic converter had been damaged and not spotted before. I accepted Halfords to do this as I knew nothing had been done. On 23/1/15 I received an email from the claims handler saying that Halfords staff had given 3 witness statements stating that only 1 litre of engine oil was entered to the vehicle which all staff witnessed and the engine oil dipstick was seen by 3 members of staff who all said it was at minimum, thus the autocentre found the engine oil amounts to be between 1.5-2 litres over therefore this did not match amounts. The autocentre had raised no concerns at the time but the investigation concluded the engine oil amounts did not match and thus Halfords stated that after Halfords topped up the oil i must have added more oil to the vehicle and damaged the vehicle myself, therefore Halfords were no longer liable for the damage/s and expense/s and the car hire would be ended on 29/1/15. On the 30/1/15 I rang the customer services and informed them I would like to speak to someone above the claims handler as at the time of the incident occurring and the engine oil top up happening my partner who was a witness to it all was there and could testify that 3 people did not check/supervise the top up. I also informed Halfords that i had a photograph of the engine oil top up occurring which had a time/date linked to it which was further evidence. I was promised that I would get a phonecall from a higher up member of the team on the Monday 26/1/15 as the claims team did not work on a Saturday. I received no call on the 26/1/15 from anyone higher up and instead was greeted by this email from the claims handler: Dear XXXXX, I understand that you have contacted us over the weekend in regards our response dated the 23rd. I can confirm that I have already discussed this case in detail with Halfords' High Level Complaints Manager, XXXXXXXX, prior to sending the email on the 23rd and that she has confirmed our stance. As previously advised if you do wish to take this further then I can only advise that you seek independent legal advice and address any correspondence to Halfords Legal, as we will not be giving this further consideration at Customer Services. Kind regards XXXXX Claims Consultant I then decided to reply with a letter before action (LBA) and sent one via post to the address I was told to send further consideration to only (the legal team at halfords) via recorded delivery and one via email to the address for Halfords I had. I yesterday received the below response to my LBA. Dear Mr XXXXXX, I confirm receipt of your email. Taking into account our prior correspondence, we are comfortable that this is our final position on this matter, and we do not propose to respond to you further in this circumstance. We refute your assertion that liability has been accepted at any point and recommend that you do seek legal advice should you wish to take this further. We await service of your claims paperwork from your legal representative and would ask that your case number of XXXXXXX is on all paperwork submitted. Yours Sincerely XXXXXX Claims Consultant I am now fed up over the matter. I am going to commence a MCOL. But need help in writing the particulars section. I have looked on the internet but found no examples of applicable use and don't know if what I have done is good enough. Can anyone help? Oh and I forgot to mention have still not had my vehicle back..and car hire was cancelled 24 hours earlier than what I was told!
  16. If a taxi passenger opens a car door in to the road to depart, and the door gets hit by a van, can the passenger be held liable? He is arguing that the driver should have made sure it was safe for him to alight, and why did he let him out roadside, instead of turning the car around to park him on the pavement. My friend never seen the van when he checked out the mirror. The van and taxi exchanged details, but neither left their details with my friend, who has been in deep shock since it happened. The taxi was a settle car, and it's they who are telling my friend he will get a claims letter to cover the cost of the damage.
  17. The property has always been let to tenants using a letting agent. Local authority are always informed of tenants who rent the property. The tenants are always instructed to register for council tax and household utilities. Between 2015 – 2016, the property was let to a tenant who was in receipt of both housing benefit and council benefit. I’ve since found out that the local authority have managed to obtain liability orders and a charging order for non-payment of council tax for the same period, between 2015 - 2016. If the outstanding £1,600 council tax arrears are not paid then the local authority will force the sale of the property. This does not seem fair or correct. The local authority refuse to speak to me directly. I have asked the local authority to show me that they followed the correct process. I have also made an identity theft report to the police because the local authority have associated my name to properties which I have never lived at or have no knowledge of.
  18. Hi All, Can anyone help, our Council have issued 3 Liability Orders relating to council tax which is outstanding. details as follows: Liability Order Granted on 28/05/2013 £205.00 ( Arrears 01/04/2012 - 31/03/2012 ) Liability Order Granted on 30/04/2013 £405.00 ( Arrears 26/09/2011 - 31/03/2012 ) Liability order Granted on 30/07/2013 £1408.69 ( Current Year 01/04/2013 - 31/03/2014 ) The arrears was during the period that I was unemployed and on benefit, we paid all of the year 01/04/2012 - 31/03/2013 in full and have been unable to pay towards the arrears, they issued the liability order for the arrears and the current year is this correct, I understand they can apply the liability order to the arrears, but the current year ? The have attached an income form and have stated we have 14 days to return the paperwork, I have made a payment online last night £100.00, and informed them of this payment only to be told they are not interested as they what the full amount repaying NOW even the current year, and if I refused they would send the file to the bailiffs. Is their anything I can do to stop action on 3 liability orders, and why have the issued 3 as they are using the same council tax ref number. cheers
  19. Got a weird one here for you guys. In March i had a prang with a neighbour. I was driving out of our cul de sac and i stopped because the woman in the end house started to reverse. She carried on and i sounded the horn continuously, she stopped for a split second then carried on and hit my car. I notified the police as the woman's partner came out of the house and was very aggressive towards her and then myself. He later came to my door as we are neighbours offering me money for the damage but due to the car being leased from Motability i couldn't and my next door neighbour had to ask him to leave as i was getting very stressed and panicky. So the facts are :-- My neighbour damaged my car. Both myself and my wife were uninjured and the whole incident was witnessed by my next door neighbours. The woman driving the vehicle only had a provisional licence and was alone with a child in the car. The police are still investigating the matter. Today i got informed by my motability insurers that the other party claims that HE was driving and that I hit him and that because the two other witnesses apart from me and my wife are not independent because they live next door to me!! Even tho we ALL live in a small cul de sac with 9 homes. So my insurers are going to accept 50/50 liability!! I told them that in no way am i going to accept that and i was told that it didn't matter what i said, they will accept it because it is one word against another lmao. I have told them that it will affect my driving history and incur a financial punishment if i seek insurance after they accept. I have told that i will not allow any record of any liability to be entered against me on any records but they will not listen to me. I even told them that it was being investigated by the police and that by this guy saying he was driving, it was a serious offence but they said it was my word against his ............. where do i stand on this? I know it has no immediate effect on me but how on earth can they accept this? Like i could go up and bang into everybody's car in the cul de sac and say it was them and get away with it according to the way this bunch operate lmao. My argument apart from it being a total joke, is that RSA (my insurers) by accepting 50/50 liability are saying it was half my fault so he gets away with half liability and i get punished because if i seek insurance there will be a claim against me and i will be hit with more expensive premiums. What can i do??
  20. Not sure if this is the right thread so apologies if not. In April 2014, I moved into a shared accommodation property with two other girls. As lead tenant, I organised everything, all bills etc were in my name. In April 2015, one of the girls moved out. In October 2015, I cancelled my virgin media account as I was going to be travelling for work and the flat was really just a 'home base' for when I got a week off etc and so that all my bills were still going to the same place. Work was paying for my travel and accommodation in other places so it wasn't too big a deal to pay rent on a flat I wasn't staying in. I had closed the account early and so I'd paid a bit extra and whatever. My account was closed but my remaining flatmate took out a virgin account in her name. I moved out in March 2016, informed all the utilities that were still in my name that I'd be moving out and they issued final bills etc . I couldn't cancel VM as it was in my flatmates name. this week, moving into a new place with my bf, I try to set up virgin media, only to get a phone call telling me that I can't be given services because there's a £76 debt at a property I once lived at. (My ex-flatmate moved out at the end of April 2016 but apparently didn't cancel her account) I've since had a discussion with 3 different departments (orders, collections and customer services) who have all confirmed that unless I pay off a debt that is not in my name and nothing to do with me, I cannot get my services. I'm expecting a call from senior management tomorrow afternoon after I kicked up a bit of a fuss but legally, can I be held accountable for someone else's debt with them?
  21. just out of curiosity this one work has issued us all with a locker and declaired that no personal items will be allowed in work - they must be all kept in the locker to go with this they have issued us all with a yale combination padlock i have demonstrated why these padlocks are not secure to my manager, basically by popping his open in under a minute after this i asked if i could fit my own padlock - which was refused i also asked if i could have a key padlock not combination - refused if i can demonstrate the padlock is unsafe but work insists i use it can i insist that they hold some liability for anything left in there?
  22. Council refuses to pay gran after breaking her windscreen http://dailym.ai/2qomwbu A council lawnmower propelled a stone into a car owners back windscreen smashing it. The car owner issued a court claim and the council are defending it next week, saying their employee was not negligent. You can understand why the council are defending the claim, as a lawnmower operator in this situation would not be negligent, if they were operating the lawnmower in accordance with its operating manual. It is not possible to check every little bit of grass to see whether there might be a stone.
  23. Hi, Unsure if this is the correct area? Need some help / advice please. A relative has been involved in a accident where a car has gone into the back of his scooter at an island. The driver admitted causing the accident (noted by a passing officer) so my uncle has perused a claim against the drivers insurance company axa (uncle ins, is 3rd Party) Axa, have sent out their guy to view the bike, and has confirmed that the bike is a write-off.. (Garage purchased bike from has provided a report which details over £3k of damage - bike is worth £2400 at today price on auto trader) Now despite any correspondence from Axa, my Uncle has now received a cheque "without prejudice"for £1,495. He rang (yep i told him to email/write) and was informed that this value was less the scrap amount, of which uncle will have to scrap the bike. The bike had passed service/mot two days before the accident with glowing colours & was in excellent condition (2015). Should we send the cheque back to axa with copies of the garage reports & proofs of similar scooters from auto trader? (If so is there a template letter) Or is the offer fair? I'm not that clued up on the world of insurance. Any advice is greatly appreciated.
  24. Hello everyone, I need a bit of help and some clarification. My cousin-in-law has a large amount of council tax arrears fopr Brighton & Hove Council, he has emigrated to another EU country and in his absense the Council have been awarded a Liability Order against him. Yesterday an enforcement agent came to my mother-in-law's house who lives in Twickenham, saying that he was there for the cousin and to collect money or possesions to pay off the debt. My MIL explained that the cousin doesn't live there and now lives in another country. (He grew up in the house as child but has not lived there for over 20 years). The EA asked for my MIL to fetch a utility bill to proove that the cousin doesn't live there, so she went to get one, whilst she was away the EA entered the house (peacefully, no in my mind dishonestly) and refused to leave. My 13 year old sister-in-law was very distressed and upset and called me at work, so I came over to try and sort this out. I then explained to the EA that the cousin lives in another country and hasn't lived in this house since he was a minor and what proof he had that the cousin was at this address, he said that they had done an Experian Credit Check and this was an address (this is possible but hardly proof of his current residence). I asked to see any documentation giving him a legal right to be on this property, he refused citing the Data Protection Act, I called the police on 101 who told him he had to show me. All he had was a transcript of the traces they had run, no letter from the council. I asked whether he had a copy of the Liability Order, he said "no, that stays with the council". We showed him, the deeds of the house, utility bills and the current council tax bill to proove what we were saying, he ignored them and said "it doesn't proove that the cousin doesn't live here". I told him that he has not produced anything that I would consider a legal right to be on the property, or any real evidence that the cousin lives at this address, so asked him to leave the premises as I belive him to be trespassing. He refused saying that the only way to get him to leave was to lay hands on him, which would be assault and I would do so at my own risk (from my POV this was a threat that should I touch him he would retaliate). Finally after calling his company and emailing them a copy of the council tax bill they got him to leave. I have got confirmation from the company that he won't return and this address has been removed, but I remain sceptical. I have read as he as gained entry peacfully once he can now force his way on again. My questions are, has he complied with what he has to, no liability order or letter from the council, deceiving my MIL to gain entry etc. What is actually on the liability order, does it include an address that gives the EA to gain access to, or have they done this off their own back. Why on Earth do we have to proove what we are saying and why isn't the onus on the EA to proove what he is saying is correct.
  25. I just need some advice and help in what to do to trace this miss sold PPI in 2001. I bought a car from Northampton Car Shop end of 2001. I have some record of paperwork with an agreement number. I was paying First National Motors PLC a direct debit – their letterhead states First National Motor PLC is an Abbey National Group Company. Abbey National Group Company rebranded itself as ABBEY and then it was taken over by Santander UK plc. I bought the car for £6000 and ended up paying just over £8500 with added PPI. Every month I paid a direct debit via my bank to First National motors PLC via the third party agreement (The Car Shop). The Payments with PPI added was so high and I was struggling to make monthly payment I ended up getting a further loan from my Halifax bank to pay the car off. I paid the total amount off in 2004 with interest and PPI. What I have done so far: 1. I contacted the car shop complaints department and they said they are not responsible even though they sold the car and they have no records that way back and i needed to contact First National Motors PLC who I made payments to which was then First National Motors PLC. 2. I could not contact first national motors as they were taken over by Santander in 2004. 3. I then wrote to Santander and they wrote back to me stating they are not responsible and I should contact who ever sold the PPI (Third Party car shop) and this was their final response. 4. I then wrote to the FSA who was as much help as a chocolate tea pot and spent nearly two years trying to find out details with nothing. I do not know what investigations they made as they wrote back they could not find who is responsible. I am still confused who is the person I need to be contacting to get my money back. It seems to me everyone is fobbing me off so that I would disappear. Who do I send a SAR or CCA to please ? OR do re-open the case with FSA all again .
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