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Found 25 results

  1. I am in desperate need of some advice please. Up until Christmas my debt was in control but over Christmas I split with my husband and things have become hard. Today I received 2 attachment of earnings orders from the council applied to my estranged husband. This is going to cause me a whole load of issues with him and none pleasant. Can I appeal this or even have this attached to my earnings. He gets paid in 3 weeks so I don't have long to sort this out. I am petrified as the relationship ended on bad terms.
  2. This is a useful High Court judgment and one that should serve as a reminder to anyone considering litigation, that an error by an enforcement agent is not automatically trespass and most importantly, that any claims for loss/damages etc must be proved to arise directly from the agents misconduct -which very often will be difficult to prove. There is also the matter of the need to provide evidence to support any claims (something that was seriously lacking in this case). Background to claim: On 12th March 2015, a writ of control was issued against Mr Miller for £408,00. This related to a judgment from March 2010 for £330,000. I am assuming that the difference between both figures relates to interest on the debt. The Creditor passed the writ of control to a High Court enforcement company to enforce. Of significance, was that the address on the writ was ‘Sunnyview’. In 2014, Mr Miller had moved from that address to a rented property (called Yew Tree). On 26th March 2015, the enforcement agent visited an airfield*where Mr Miller had a business.The purpose of the visit had been to locate two small aircrafts (a Pitts and a De Havilland Chipmunk owned by Miller). The enforcement agent met with Mr Miller and took control of the vehicle that he had been driving (a Jeep), and one of the aircraft (the Pitt). The claimant made payment of £1,600 towards the judgment.Goods were not removed that day. Following the meeting, Mr Miller claimed that the enforcement agent went around the airfield ‘questioning everyone’before gaining peaceful entry into an airfield building where he looked for documents. He left, taking documents and keys to the aircrafts. The Enforcement Agent then went to an alternative address (xxxxx Mills) to make enquiries. Mr Miller had told the enforcement agent that this location was connected to his business. There he was allowed access to the property to search for the second plane; (the De Havilland Chipmunk). The plane was there, together with other aeronautical parts belonging to Mr Miller. A short while later, Mr Miller removed the plane to a friend’s barn in Cirencester. The following day, (27th March 2015) Mr Miller visited the High Court and made an application for a temporary 'stay’ of the writ. The stay was lifted 2 months later (on 27th May 2015) and re-imposed on 5th June 2015 (it was finally lifted on 24th July 2015 after he failed in an application to ‘set aside’ the judgment). Mr Miller's arrest and charge of ‘interfering with controlled goods. Despite a ‘stay’ being imposed, and despite his Jeep and one of the aircrafts being ‘taken into control’, Mr Miller removed the aircraft and aeronautical parts to various locations including his rented property (‘Yew Tree’). *He parked the PITTS on his driveway under a tarpaulin. The enforcement agent became aware that the seized items had been moved and accordingly, on 20th June 2015, he attended ‘Yew Tree’ . Nothing was removed on that day. Instead, the police were called and Mr Miller was arrested and charged with ‘inferring with controlled goods’. The court stay was finally lifted on 24th July 2015 and the following day, the enforcement agent removed goods. Further items were removed a couple of days later. According to Mr Miller, he had a number of hearings for the criminal charge, the final one being in January 2016 at Swindon Magistrates Court where he claimed that he had been acquitted. No details appeared to have been provided for the acquittal (more on this shortly). He claimed that the Magistrates Court had supposedly been satisfied that he had moved from ‘Sunnyview’ to ‘Yew Tree’ in April 2014. It would appear that he had been assisted in court by an internet sourced ‘Mc Kenzie Friend’. Removal of goods and sale. The goods were eventually removed by the enforcement agent at the end of July 2015 and sold at public auction for £34,000. The auction was advertised. (Continued in following post):
  3. With an unconfirmed report about an incident last week that led to a bailiff being hospitalised with serious injuries, the public need to be aware that it is a criminal offence under Paragraph 68 of Schedule 12 of the Tribunal, Courts and Enforcement Act 2007, to obstruct a bailiff/enforcement agent (link below). https://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/68?view=plain Only a few days ago another person was convicted at trial in Nottingham of this offence. http://www.nottinghampost.com/news/nottingham-news/bailiff-handed-100-compensation-after-684830
  4. Hi. im after some advice on how to proceed against SCS for what i believe to be unfair terms/treatment. We went to the store on Tues 30 May 17, approx 20 mins before the store closed. Having seen a sofa set (3 and 2 seater) we liked, we decided to place an order using the 0% interest payment option over 48 months. The salesman was in a rush to push the order through due to the fact that the store was soon to shut. In a nutshell, 20 days later we wanted to cancel the order in total due to no longer needing the sofa. I rang the store to advise and i was told that SCS don't have a cancellation policy and that I have to honour the reservation. I complained and the manager advised that according to the T&Cs that we had signed, this information was available and that the sales person would have told me aswell. For information, due to the fact that the sales person was in a rush, he never mentioned it to me and also while in a rush he told us to sign something electronically which turned out to be the T&Cs before we had a chance to read them. i argue that we were not aware of the T&Cs because we were not given the opportunity to see them before signing and were also not told verbally. The area manager advised that he would cancel the order but it would cost me 25% of the order total. I'm not even sure this is even in the T&Cs. On one hand they say there is no Cancellation policy and on the other hand they want to charge me 25% cancellation. I need to know how to proceed with this, who to contact (maybe the CEO) and also if there is anything within the Consumer Credit act that they may have breached that i can throw at them. I have not taken delivery of the sofas yet; this is scheduled for Oct 17. Any help would be gratefully appreciated.
  5. I recently fell behind with some rent payments, which I'm now paying back. My Landlord issued a claim for possession through the courts and the hearing date is in April, however, today I received a form 6a from the Landlord and I'm really confused! Does this go hand in hand with the Court hearing? It appears tactics have changed. How do I stand with a 6a as it states 'no fault possession. The Court claim says it's due to rent arrears. Please could anyone shed some light on it for me?
  6. In May 2015, I started a thread on this forum regarding a debtor (Mr OR) who had followed advice from the internet and had issued an injunction against a local authority after his vehicle had been clamped by a bailiff. The debtor considered that his vehicle should have been exempt as it was subject to finance. Unfortunately, his injunction failed as the Judge ruled that there could be a ‘beneficial’ interest in the vehicle. Mr OR was ordered to pay the local authorities costs of £3,200. This was in addition to his own costs (the fee for the injunction alone was £395). A link to this popular thread is below. So far, it has received almost 13,000 views. http://www.consumeractiongroup.co.uk/forum/showthread.php?445251-Goods-on-HP-a-Judge-says-they-can-be-sold(1-Viewing )-nbsp In Sept 2015, I started a similar thread on here to warn members of the public that if they have a vehicle that is subject to finance, they need to ensure that they provide evidence that there is no ‘beneficial interest' in the vehicle. Even that thread has received almost 6,500 views !! http://www.consumeractiongroup.co.uk/forum/showthread.php?451273-Vehicles-on-HP-can-be-sold-by-a-bailiff.-Evidence-must-be-provided-that-there-is-no-beneficial-interest. Unfortunately, a couple of months ago, another debtor (Mr MH) also issued an injunction to prevent an enforcement company selling his vehicle (a mini cab). This vehicle was also subject to ‘hire purchase’. The difference with this case, was that the ‘value’ of the vehicle was approx £14,500, and the amount required to settle the obligation under the hire purchase contract was just £6,300 (leaving an ‘equitable interest’ of approx £8,200). The debtor lost his case in court on 16th August. He was also ordered to pay the local authorities legal costs of £3,400. He was refused permission to appeal. Neither the debtor or his legal representative have made an application to appeal and accordingly, given the importance of this subject, the enforcement company have given me permission to provide an outline of the case in the hope that it may help other debtors to avoid making the same mistake. PS: I will not be giving the name of the debtor, the local authority or the enforcement company. The facts of the case are all that is important.
  7. I've just checked my latest VM bill as I noticed it was higher than usual, the reason being I've been charged for a movie I haven't ordered! I called VM to question this & they told me the movie was ordered via the V+ box I have in the bedroom on Christmas Eve & then watched 24 hours later. I insisted the movie hadn't been order & the lady in customer services admitted it was unusual as the previous movie I had ordered was 2 year previous, but all the checks she was making showed it had been watched Christmas Day night, which is a bit strange as I'm pretty sure myself, my wife & daughter were all downstairs either on laptops/tablets or watching TV on the TIVO box! The other thing that seems strange is I'm the only one who knows the pin numbers! I've also never ordered any services on the V+ box & very rarely order movies at all. When I mentioned this she said along the lines of maybe you forgot you'd ordered it or your wife or daughter had ordered it, when I stressed it was impossible she said all her systems said I had so I wouldn't be getting a refund, basically insinuating I was lying! As I have no other way of checking the only conclusion I can come to is it's a problem with the hardware/software that's allowing it to happen & will it happen again? Has anyone else had a similar problem?
  8. Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.
  9. Over the past five years or so I have made frequent threads on the forum concerning complaints that were made to the court about bailiffs (Form 4 Complaints) and the many times that courts did not find the bailiff at fault and ordered that the person MAKING THE COMPLAINT must pay the bailiffs legal costs in challenging the complaint against him. The worst case that I reported about concerned a debtor who had been ordered to pay over £20,000 !!!! In April 2014 when new bailiff regulations took effect, a new complaint procedure was implemented and 'Form 4' complaint forms were done away with and a new form (EAC2) was introduced. Crucially, the new regulations specifically state that the court can make a finding that the person making the complaint can be ordered to pay the bailiffs costs. During October I received enquiries from THREE individuals who had been ordered to pay costs. In the worst case, a lady was ordered to pay £3,000. Another lady was ordered to pay £1,500 and a gentleman ordered to pay £900. Worryingly, in two of the enquiries, the individuals had submitted an EAC2 Complaint to the County Court where the bailiff was certificated on the very SAME DAY as the bailiff visit. It simply beggars belief that anyone would do this without first making a complaint to the enforcement company or creditor (usually the local authority). Worst still, in one of the cases (the lady who was ordered to pay £3,000), she was a SOLICITOR !!! In EACH case, the person making the complaint had not known that the PURPOSE of the complaint was to seek the Judges agreement that the bailiff was not a 'fit and proper' person to hold a bailiff certificate. If anyone considers that a bailiff has done something wrong, then the FIRST step should be to make a complaint to the company that he works for. If their reply is not satisfactory, then a further complaint can be made to the local authority etc If a bailiff has a complaint made against him to the County Court, he will know that the Judge has to consider whether or not to remove his certificate from him. If so, this will lead to his immediate unemployment. It is for this reason that the bailiff will ALWAYS have legal representation and if the court do not find fault, they can....and do.....order the complainant to pay these costs.
  10. Hi all, I'm in a predicament with 2 x sofas that I have recently purchased from ScS and would love your insight if possible. I ordered the sofas over the phone with the store manager and paid over the phone. I had, along with my daughter, been into the store that day to look at display sofas and had chosen a colour “ charcoal” by looking at a swatch. We wanted grey and decorated the lounge and re-carpeted (carpets from SCS too) according to a grey and lavender colour scheme. When delivered into the lounge the sofas totally look brown. We have a large window and a porch door that lets in light so it is not a dark room. I refused to accept delivery. I rang the Store manager who confirmed the delivery is what I chose and said that if I want to choose alternative sofas from ScS, I will be charged a 35% excess re-selection fee, which in this case would mean I would lose £429. This fits with the discretion cited in Terms and Conditions that Store Managers can use when customers cancel an order on sofas bought in store. However, the Cancellation Policy quoted on the SCS website is different for Cancellations and Returns and states….. "This cancellation and Returns Policy only applies if you made your purchase with SCS online, over the telephone, and via our website. if you have placed your ordering one of our stores, please refer to the Terms and Conditions on the reverse of your order.” Given I ordered theses sofas over the phone, including making payment, albeit to a Manager in a store , I would hope the policy from the website applies. I want a full refund. I don’t want to choose alternative sofas that will take 8 wks to make and deliver. I've included two images below - one of the sofa as it was delivered to my home showing the colour that appears to be brown rather than "charcoal", and a screenshot of the "charcoal" swatch that I was shown in the store that I placed my order based on. Tell me I'm not the only one who thinks this takes the biscuit? (I have images but the forum isn't letting me post them as a newbie... but they can be found at the following address:) imgur dot com/a/4h8Hi What are my rights in this situation? Thanks.
  11. In 2015 there was a important and high profile Judicial Review regarding the serious matter of summons costs in relation to a Liability Order for council tax arrears. The case was that of the Reverend Paul Nicholson v Tottenham Magistrates and the London Borough of Haringey. In short, the court rules that Tottenham Magistrate's should not have allowed London Borough of Haringey to claim summons costs of £125 for each Liability Order given that the court did not have sufficient information before them to reach a proper judicial determination as to whether or not the costs claimed represented costs reasonably incurred by the Council in obtaining the liability order; 
The court found that Tottenham Magistrates Court erred in law by failing to make further inquiries into how the £125 was calculated. Accordingly, J Andrews ruled that the costs claimed were unlawful. Following Reverend Nicholson's court success, there have been a lot of developments. Firstly, Haringey's Council's external auditors; Grant Thornton reviewed the level of costs, and, unlike the position before the Judicial Review where Haringey charged a fee of £125, the auditors instructed the council to charge separate costs of £102 for a summons and to reduce the charge for a liability order issued by Tottenham Magistrates to £110 from £125. Most importantly, Haringey Council have refused to make Grant Thornton's report public. The judgement made clear that it related only to London Borough of Haringey and was specific only to Reverend Nicholson's case. Accordingly, whist it may allow him to claim a refund for any earlier years, it did not assist the many thousands (approx 20,000) of Haringey residents who had been overcharged every year since 2008. It was with this in mind, that the Reverend made a further application to the High Court. The basis of this new application being that he wished to challenge Grant Thornton's decision not to apply to the court for a declaration that an item of account is contrary to law under section 17(1) of the Audit Commission Act 1998. The Reverend considers that an audit is a public interest activity. Secondly, the Reverend wanted everyone who has been overcharged since 2008 to be repaid. His appeal was heard in the Divisional Court last Thursday (24th February). A copy of the press release and background to his dispute with Haringey Council is below. I will address the outcome of the appeal in a separate post. http://www.taxpayersagainstpoverty.o...paul-nicolson/
  12. This is hard to believe !! http://www.plymouthherald.co.uk/McDonald-s-bans-18s-good-idea-Plymouth/story-28808773-detail/story.html If they knew there was going to be trouble, why on earth allow them to open 24 hours ?
  13. Hi im new to this i joined as im having problems with ebuyer.com i recently purchased items to build a pc however i did not receive one of them so i contacted ebuyer and they asked me to fill in a lost item form which they kept claiming was wrong however it wasnt so i filled it in the 3rd time and they have seemed to accept it however shortly after when i asked what situation is no reply over the last 13days ive sent 3messages without them responding i dont know where to take it from here any help ? Thanks phil
  14. https://www.ofgem.gov.uk/publications-and-updates/ofgem-secures-free-energy-npower-customers-late-resolution-ombudsman-decisions So it seems that not only does Npower dishonour it obligations to its customers but it also dishonours it obligations to the Energy Ombudsman as well. Let's hope that Npower's legal clerk- Kenneth Radley Davies is watching Thanks to Eversir for this heads-up
  15. I wonder if anyone else here has had occasion to buy BMW navigation DVDs online from naviupdates.co.uk? His site advertises with '100% satisfaction or your money back'. However, reality is that if the product doesn't work, it is your fault and no refund is available. Since the sums are relatively small, £29.99 in my case, it slips under the cover offered by the Credit card issuer. I have to be fair: the vendor sent three different DVDs before I finally asked for a refund. I would be very interested in any suggestions of how I could get satisfaction?
  16. Hi all, I'll try and keep it brief and stick to the facts. Ordered a bed online via a company based in England, bed arrived, but was damaged and missing a bunch of parts I informed them of the damage and asked to return the bed, they offered to replace the missing and damaged parts, but I asked for a refund instead. They agreed, somewhat reluctantly and this is where I need advice, they told me to package up the bed and send it back myself. I Sent it back via Parcel2go (TNT express delivery), costing me around £37, they weren't in to sign for it, so the item was taken back to the delivery hub, they claim to have arranged delivery for a couple of days later, but TNT sent the bed back to me. Parcel2go won't give me a refund because the delivery was attempted It took nearly two weeks to get the 2nd part of the bed back from TNT and the parcel was basically wrecked, with gaping holes in it. I currently have a claim for damage with Parcel2go on that front So I sent the bed back AGAIN, via another courier and it was received (another £17) But, the bed company is only offering a refund of the bed and delivery cost (I've yet to see the refund(s) so far) My question is, shouln't they be liable for the costs of sending the bed back, for both occasions?
  17. A county court ruling today confirmed that airline Jet2.com can no longer put the payment of delayed flight compensation on hold. The ruling could potentially affect thousands of passengers with similar flight delay compensation claims in the UK. A CAA spokesperson said: 'The judgment of District Judge Jenkinson at Liverpool County Court reaffirms our longstanding view that airlines should abide by the ruling handed down by the Court of Appeal in Jet2 v Huzar last year. 'There is no reason for airlines to place claims on hold and we fully expect them to pay passengers the compensation they are due.' http://www.which.co.uk/news/2015/02/airline-ordered-to-stop-delaying-compensation-396591/
  18. Hi there, sorry for the long message but I'm in need of some advice. So here goes... On 10 December 2014 i ordered a "refurbished" macbook pro from Maple UK online, it was a Christmas present for my girlfriend. It was supposed to come 19 December, but was delayed, but then arrived on 22 December, great, just in time for Christmas. I firstly noticed it wouldn't start up and the charger wasn't doing anything. I left it for a about an hour and then switching it on and off it started to charge. After the battery was fully charged, i had a look about. Firstly it still had other peoples iTunes back ups on it and other bluetooth pairings, not what i call a clean install. Anyway then i noticed that its was not the macbook i asked for, a lower speed, smaller hard drive and slower cache memory. I emailed the company, they replied with either a full refund, an exchange or £40 off. As it was 3 days before Christmas i just decided to accept the £40 as another wouldn't be sent in time. I now notice the battery only charges to 88% there are a few software problems with it and the charger is still intermittent.... I emailed them after the new year as the money was not returned they say they will send the money but software is not covered,i didn't think it was but was only wanting some advice, the battery is "normal" as its not new, and they will change the charger. I don't want the the charger changed, i want the original item i ordered as I'm not happy with the one i have. I understand i have got the £40 refund, but am happy to return the £40 in return for the original macbook i ordered and paid for. Any idea of my legal rights to get this sorted...
  19. Hello forum, I hope someone can help me as I'm feeling quite stressed about my situation. I am stressed at the lack of customer service I've received where people misquote prices and don't seem to care you have a timetable you need to stick to - they're quite happy to mess around with timings and not be accurate enough when they quote timings, they just don't care and they just want the sale. Quick bit of background and then will ask my questions. I ordered a Tamla lazy boy sofa 3 seater and a 1 seater (manual recliners) and was told 7-8 weeks for delivery. I was unaware at the time there was a free carpet offer on. The offer was only for 16sq m of carpet anyway on certain carpets. This is what I'm having issues with. To begin with it was never really made clear which carpet was actually included as 'free' but he seemed happy for me to think the £12.99 per sq m was included. This matter was cleared up on a later visit and I switched my attention to the carpet that was actually included in the offer. The sales rep seemed knowledgeable but when it came to sorting out the carpet, he quoted me something that would only have been confirmed by the guy who came to measure my front room. He had not been given any information about my order, just told to measure the front room and quoted me for the price of a £5.99 per sq m carpet. Anyway, I went back to the store in Dartford twice to decide on the carpet and was told that the carpet fitter was not aware that I had ordered a lazyboy sofa which is why his quote was different to what the store quoted. I'm still not sure I was actually quoted correctly at all. I had opted for the £9.99 per sq m carpet anyway which was included as the free carpet and had to paid the remaining balance. I even took a picture and confirmed it with the same rep as before that that was the carpet that would be delivered. He told me it was called pewter. I have since found out that pewter is not the colour I wanted. I generally don't do colour coordination or know the variations of colours but if I show you a picture and point to the actual sample I want then how can you tell me a colour is pewter when it isn't? The carpet fitter came on Saturday morning - called me at 8 am to say he'd be there in 20 mins - so I'm rushing around to get my boy out the house and left my partner to deal with the fitting. When I came back I saw that the carpet was not the colour I was expecting - I had confirmed it twice in the store, even took a photo and made sure it matched with that I told the same sales rep. as above, he wrote pewter. The problem is, and now my questions: I cannot find anything on the contract about what to do if SCS mess up and have the wrong colour carpet delivered, particularly if the carpet seems to be the £12.99 per sq m carpet not included in the deal. It has now been fitted and even my partner said to the fitters that it didn't look the right colour but they weren't going to not fit it or contact SCS to check for any mistakes. It was really early in the morning and my partner let them fit the carpet, he doesn't mind the different colour but I usually sort this stuff out. If I had been at home then would I have been able to say 'no' to the fitters and call SCS there and then? The fitters didn't seem to care about having the wrong carpet. So, I now have the wrong colour carpet. It's not a major problem but my new sofas will clash and I don't know how SCS could confirm one thing and still get it wrong. I just don't know my rights. I'm ok with a different colour carpet but I don't want to be charged any extra for their mistake if they have given me the £12.99 per sq m carpet. 1) Is there anything in law that covers me for the mistake made by SCS meaning I don't have to pay extra if they've delivered and fitted a more expensive carpet? As far as I can see if they have misquoted then they bear the loss because I have already paid them. To add, if it's not the more expensive carpet they've delivered then there really isn't a problem at all and I can just complain that it's the wrong colour and leave it at that and call them incompetent. There is nothing in the contract that I can see that covers this type of event, only matters arising from defects. 2) Is there anything in law that covers me for any mistakes made in their quotations for the carpet fitting, underlay and fixings? - I am wondering if I have been misquoted and paid more than I should have. The fitters were supposed to bring 2 gold bars for the 2 doors but they didn't. I also haven't received the rug doctor cleaning kit which I was promised. 2) I am now worried about my lazy boy sofas not being delivered on time. If delivery takes longer than 7-8 weeks what can I do about it? It seems futile to complain to head office but is there anything is law that covers me? I'm not sure what this would be exactly. 3) I don't know how long I have to inform them of the situation but need to know my rights first. They quote 72 hours for sofa delivery issues but say nothing about carpets. I want to call head office to find out their policy on this but after reading reviews of their customer service I'm not sure I will be given the right information. I will go to SCS today to sort out the rug doctor kit and the gold bars issues. I will tell them I have sought legal advice in case I have been misquoted prices and have been delivered the carpet not included in the deal. I will not be paying any money to them but will ask them to make sure that the tamla lazy boys are on track and again quote that I have sought legal advice in case they are not delivered on time. Until someone can advise me on my rights I will just let them know I am aware of mistakes they have made and will take the matter further if I get any hassle from them. I apologise my writing's all over the place but is anyone able to help me? thank you in advance
  20. Hi All, Just a quick one asking for your help so I can see the wood for the trees. Am fighting a long standing case where the claimant has not responded to numerous responses for a a full SAR and statement of account as I need it for my defence. A court date was set for last month and I asked the court to push it back becuase I was still waiting for missing information. He denied my request saying he couldn't make the decision without knowing if I had a valid defence. I subsequently wrote back to him detailing my defence and the CCA law that backed me up and listed why the missing information was crucial to my defence. He wrote back making an order for them to supply the missing infrmation by yesterday and for me to submit my statement of truth 7 days after that. I gave it until today to see what turns up and nothing has. Instead I received an email from their solicitors asking me to settle 'Without Prejudice save as to costs' with a lesser payment of what they say I owe. They have sent another email today asking if I was willing to accept their offer or not. The settle amount is still twice the amount I would be happy at paying and want to get a better understanding of what the implications are if I take the advice of the clerk at the court and write to the judge telling him I still can't complete my defence as the claimant has not complied with his order. What is the judge likely to do as they have not complied with his order? Knowing that their case may not be as cut and dried as they first thought, how much/long do I try and get their settlement offer down to what I am happy paying? Cheers, Bel
  21. I have been away fro a few days and came home to a claim form for the northhampton county courts. i have no idea what the debt is for, just an idea but no proof for what it is for. whats the next steps? attached the form so u can see the particulars of claim if you cant see the document properly let me know and i will try again
  22. Hi, I ordered a jacket from an online retailer - Supreme Couture. I had seen the jacket on another website and was surprised to see it elsewhere (and much cheaper too) and so I ordered it in good faith. The jacket was a brown, distressed jacket. Very informal and very cool. The item arrived today but is not what I ordered. Yes, it looks the same in terms of design but the jacket I have received is closer to tan in colour. More to the point, it has a completely different aesthetic - looks a different jacket: leather, finish, fit etc - and this is clearly not down to the fact that it's brand new. This is what I ordered Yet what arrived has the same design but looks more like this in terms of colour, leather and fit. I contacted Heron - the company where I first saw the jacket - and they confirm it is their design, that they do not share their designs with anyone and that the jacket they sell looks exactly as in the picture. On closer inspection I noticed the site I ordered the jacket from have used the exact same image as on this other supplier. All they have done is black out the logo on the inside of the jacket. Also, the jacket has come with a label for Ultimo Fashions (another website that is using the same stolen image from Heron). I have contacted the seller and asked for a full refund - including the postage costs they charged me (a scandalous £16 when sent within UK) as well as postage costs in order to send the jacket back. Additionally, their Ts & Cs state that exchanges are possible but the customer must cover postage. I feel I should not have to stand any fees - and get a full refund not an exchange - because I have acted in good faith, believe I have not been sold what I bought, and that the image on their website misrepresented what I could expect. Please can you confirm I am right and what laws/trading acts they are in violation of if they do not refund all costs? Thanks in advance.
  23. Can anyonne help me? I ordered a whirlpool bath online 3 weeks ago, meant to be delivered within 2 weeks. When I chased the company they said the product arrived faulty and had to be returned and another one will be dispatched within 2 weeks. I asked them to cancel the order as I saw an identical bath elsewhere and which could be delivered sooner. They then told me that this is a bespoke item and therefore cannot be cancelled or refunded (due to distance selling regulations which don't cover bespoke items). The same bath with the same specification (nothing is being added or changed to my order) is being sold in lots of places (on other companys websites as well as eBay). What can I do? Many thanks.
  24. Hi all Background: Last year I joined my local branch of the Royal British Legion. The RBL have a website for members to order items. I ordered 2 lapel membership badges from the site, paid and promptly forgot all about them. Today I decided to order a lapel membership badge and saw my old order which I never received. I contacted them on their telephone number and spoke to one of their agents. He was very helpful but said as it was an old order there was probably very little they could do. Is there a time limit on when I can claim an item was lost in the post? The order was September 2011.
  25. I don't know if im posting this in right place, But I hope some one can offer me some advice. My children have dairy allergies, so I order a lot of there special dairy free food online. I have used a particular company a few times with no problems. This time I decided to try ordering some chilled foods, such as dairy free cheese, dairy free spread, soya and coconut yoghurts and etc. They were sent by courier and were delivered next day. when package arrived the box was soaking wet and dripping. The delivery driver had had to wrap a bag around parcel. I opened the box in front of the delivery driver and he looked in box with me. The box was like a ordinary cardboard box lined with some clear plastic and there were some gel packs. The gel packs were clearly defrosted and warm and food was warm. Understandably the delivery driver did not want to take a dripping wet package with him. So I agreed to keep it at my house but insisted on the delivery driver making a note that package was damaged and defrosted warm. I also took some photos whilst he was there. Before signing. I contacted company who I had ordered food from and they apologized and agreed to send another lot out and told me to bin this lot of food. Well today second lot of food came and it was even worse. Parcel was dripping, same style box. Opened in front of driver again and again gel packs were warm and defrosted, 2 gel packs had exploded and every thing was covered in gel. Wrappers falling of food as so wet, yoghurt pot had big dent in it and all food was warm. It seems to me that the packaging they are using clearly is not suitable for sending chilled food, It is as far as I can tell not insulated etc. Are there legal requirements for sending chilled food. Do companies have to use specific packaging or not. I could not see a make on the box but the gel packs that they used say soft box temperature control packaging. I have looked this up on Google and been on soft box website and and they only state that there systems are for sending medical and pharmaceutical supplies not food. I am going to contact company again to complain, but wondered if I should take it further this time. Should I contact health and safety or some thing or just leave it. I'm just concerned that they could give some one food poisoning with this. any advice much appreciated thanks in advance
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