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Found 8 results

  1. Hi Guys, I am newbie here on this forum. I have been approached by the solicitor for Negligent Finance advise on the loan I have taken out back in 2006. Told me that this is NO WIN NO FEE and I don't have to pay anything upfront but If I win the case I have to pay 25% fee. Did anyone has used this service and especially on Negligent Finance Advise and how successful or unsuccessful they were. I am really sceptical I may limp into one problem into other one. Your advises will be much appreciated and thanks in advance.
  2. In 2010, my local Council issued an ASBO against me because I had a dispute with a neighbour. My barrister tried but in vain to raise in Court that the Council had failed to follow its own procedures when the asbo was applied for. When Council's apply for an asbo they need to meet certain criteria which they failed to do so. Before an asbo is issued, you are supposed to receive a verbal warning, then a written warning, then you are asked to sign behaviour contracts; I was never sent no warnings etc etc. Does this make the asbo legal? The asbo has since expired without me breaching it; need I say more!! However the said neighbour prior to the asbo being issued, had been arrested for death threat which she denied of course, and before then I had also suffered threats of violence, and harassment. I was repeatedly refused the right to make statements, and so was my partner. I have also raised concern that some of the evidence used to obtain the asbo was not 100%; the complainant had lied on at least 4 statements, had lied during their section4a interview. The police dont want to know. I cost me £7000 to defend this joke of an asbo and I therefore want to seek if I can sue for damages. Does anyone know of any good solicitor who can do this on a no win no fee basis. Thanks!!
  3. Hi, Some background info I defaulted on my current account in 2005. The bank didn't register the default until 2009, I had 4 years of late payment markers before the default. I contacted the bank in 2010 querying the default date then complained to the ICO. This took nearly 2 years of correspondence and the bank agreed to amend the default date to 2006 and so the account should have dropped off my Credit File in 2012. However even although they agreed to change the default date they didn't actually do it until a year later. It has just recently come off my Credit File. I'm just wondering if this could be considered as negligent misrepresentation? As they knowingly continued to report my personal data with the wrong default date and the account remained on my Credit File for a year longer than it should have. I am in Scotland and have been reading Mr Durkin's case. Thanks.
  4. I have a Money Claim filed against a damp and timber surveyor who failed to spot rising damp when commissioned to provide a report for a property. After receiving the report I went ahead and purchased the property and as a result have had to pay for costly damp proofing works. Because the report stated "there is no rising damp", I was not aware I would need such works when agreeing a price for the property. Prior to instructing repair works, I invited the surveyor back for a free re-inspection where they confirmed their estimate for remedial action was some £3k short of the mark and that rising damp was present. Open and shut case I thought - however, they refuse to admit any responsibility hence the money claim. My partner was responsible for purchasing the damp survey and the report is in her name; yet I am the claimant. Does this render my claim invalid as I do not have the contract with the surveyor? The property was a joint purchase however the claim was entered in my name as I filled out the online form which only allows 1 named claimant. The defendant has instructed solicitors who are threatening to claim their fees (£3.5k) if I go to court under, the pretence that my claim is unreasonable due to my partner purchasing the report and not me. I know they are trying to intimidate me but are they correct?
  5. Hello, my husband and I purchased a new boiler about 15 months ago from Biasi. It's is an ActivA Combi Boiler with a 5 year warranty. We called for boiler service for the first time in December as it was making a horrific banging noise - they arrived to service it about 3 days after the call, took it out of commission as they said carbon monoxide levels were too high, and then took another 5 days or so to repair and turn it back on. If you'll recall mid-December was very cold - high temperatures around zero degrees. We were extremely frustrated with and disappointed in the service, the responsiveness of the customer service team, and the performance/knowledge of the repairman. Each interaction was hostile, unfriendly, and exceedingly bureaucratic. I was about 33 weeks pregnant at that time, and despite alerting Biasi of this fact, they made absolutely no effort to prioritise our case. Eventually the boiler was repaired/reactivated - but after they left it started to make a (new) strange noise. We called for service again last week. Again it took about 3 days to send someone out - the repairman arrived Saturday morning. He dismantled the entire unit, said the CO levels were too high and that the heat extractor needed replacing, turned it off and left. At this point it is -2 degrees outside and snowing, and I am now 39 weeks pregnant, due to pop any day. Again, we received hostile and unresponsiveness service, lack of commitment, lack of care. After 3 phone calls this morning they sent another serviceman out today, who tried to fix it by replacing another (cheaper) part - completely disregarding the assessment of the first technician. This failed. We are now at the end of day 3 without heat or hot water, in the dead of winter, about to give birth. We have no commitment to when this will be fixed, the necessary part has still not been ordered, and we have no follow up appointment scheduled. We have to begin the process again tomorrow morning. I want to share this story as a warning - DO NOT BUY A BIASI BOILER AS THEIR SERVICE AND SUPPORT ARE NEGLIGENT AND AWFUL. Their service technicians seem to be focused on disabling the units and they do so while offering you no recourse, nor assurances, nor guarantees of when heat and hot water will be reinstated. Second, I want to know if there is any legal recourse available at all. I have not found written documentation of Biasi's 5-year boiler warranty terms and conditions - if you know where I could find these I would appreciate the help. Also I have the following questions: does a company providing a warranty have any legal obligation to provide those services within a specific timeframe? Does the fact that I am 9 months pregnant give them additional responsibility? Because the product is under warranty, we cannot go to another service provider to repair the product, or we will render the warranty null. Our hands are completely tied yet we enter day 4 without heat or hot water in the midst of below zero temperatures. Any help or guidance on this issue would be appreciated. thank you.
  6. Hi, My brother-in-law had surgery on his knee at an NHS trust near him, he is only 11! They did such a bad job on it he had to be booked in for another surgery opp less than a month later. They didn't show compassion and they were in a rush to discharge him even though he had a torn attendant, fluid in his knee and cartilage damage, one of the doctors even said "he is not in pain , he can walk it off". After making an appointment a surgeons did the opp and he seemed to have fixed it. He kept having the same pain an problems with it so we took him back to the hospital. After we made another appointment they realized they had done something wrong and tried to get him rushed in for another surgery to fix this but instead we took him to a specialised kids hospital where after running some tests they spotted the problem but needed the notes on the previous operations of which the trust was unwilling to provide so the surgeon had to perform the operation without them as he was in a lot of pain. Is there any way we can get the full medical report on that and can we be advised on this matter please.
  7. I recently bought a Saxophone of eBay. I was logged onto eBay Uk and limited my search to items in the UK only. The listing stated that due to the value of the item £3667 payment must be via Bank transfer. I won and paid, stupidly, by transfer. Hence the item never existed and the seller disappeared. The item was listed with a Scottish post code and the seller had stated that I could collect in person but he banked that it would be too far for me to travel to do so. Turns out that the sellers account was registered in the U.S. but had been hacked by someone based in Spain (Police) told me this. eBay UK wash their hands of it saying that the deal was done on the U.S. site so I have to deal with them. This is despite me being logged into eBay.co.uk The key point in this is that shortly after losing my money I left negative feedback on the seller. This enabled other users to identify me and a kind gent got in touch with me to say that he had reported the item twice, days before the sale, as being suspicious. We have records of the reports to eBay and they did nothing about it. The same gent reported the same suspicious item in November last year and eBay removed the item. I know I have no eBay Buyer Protection because I didn't use Paypal but I raised a Case to eBay U.S. requesting a refund on the grounds that they failed to take action to protect me by removing the item when it was reported as being suspicious. It took them 10 days to the decide in favour of the seller because the item was still marked as 'Unpaid'!. I appealled the decision stating that it appears as unpaid because the seller hasn't marked it as 'Paid' even though he has the money (I have Bank Transfer proof), also, I was not suspicious because the Bank details given to me for the transfer were to an account at Lloyds Bank in the UK. The money was then transferred out of the country immediately, eBay then closed the appeal saying that I could not get a refund because I didn't use Paypal. They completely ignored my detailed report and made no comment as to why they had taken no action. At the point where I realised that it was fraud, I raised the alarm on a live eBay chat and it took only 5 minutes for a Chatroom guy to identify that a serious problem had occured with the Sellers Account. So why did eBay miss this when the item's were reported as being suspicious, prior to the sale ending. I now feel that I have no option but to take eBay to Court in some way. I have asked them for an address to where I can deliver legal papers and they gave me their Luxembourg address. Can anyone give me advice on how to go about this and do I have a case against eBay for not taking action to remove the item. The gent that contacted me has agreed that he is willing to act as a witness and stand up in court if necessary.
  8. I have come across this recent case Smeaton v Equifax, accessible for free on bailii. It has been decided that where a credit reference agency has not been complying with their continuing obligation of retaining accurate data, they will be in breach of the Data Protection Act, Section 13. Furthermore, if they have been negligently, by positive acts or omissions, showing wrong information about a data subject, the CRA's would be negligent and can be sued in negligence to reclaim any losses the data subject may have suffered. The CRA's have lost it to a litigant in person, and have now appealed it in the Court of Appeal, but it goes to show that if there are people who have suffered because of these people, you may be able to sue them. One point to note is about limitation. Cheers!! **Any information given here is not to be considered legal advice and should not be relied upon. Benbane Head does not accept any liability to the recipient or any third party for any loss suffered as a result of reliance on the information provided herein.**
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