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Found 63 results

  1. Dear All, My neighbour plans to do a side extension which is only 90cm away from my side wall. I wrote to them in Nov. 2018, however they did not reply to me. Today I noticed they had started to take down some solid fences to prepare for the building work. What should I do now for their ignorance? Should I start to take formal process and take them to court? The are not easily approachable (this is why I write to them instead of speaking to them in person). (the letter is attached) Any advice would be appreciated! Thank you. ----------- Dear xxx We hope you are well. The County Council has informed us that you have planning permission granted to extend your property. I have been advised to check if The Party Wall Act is applicable to your building work. I have no objection of your building work whatsoever, of course. However, I believe that we may need to have a party wall agreement in place according to The Party Wall Act 1996 Section 6 (3 / 6m). Please bear with me if this is already under your consideration. It’d be great if you could let me know the following at your earliest convenience: When would you like to start your building work The depth of the foundation of your extension When you could provide a party wall notice We are happy to discuss appointing an independent party wall surveyor to make sure everything is fine. Surveyor Mr xxx has been recommended to us: .... .... For your information, I have enclosed a copy of the relevant section of the Act. I look forward to hearing from you soon. With best wishes
  2. Please can you guys advise me what I can do. The Third party insurance making it very difficult and seem like they are looking for ways not to pay. If this is the case I will be liable for the costs, which would set me back in life. Background 1.I had a collision, and claimed for the damage to my car personal injury. (it was non-fault but the Third party claimed 50/50). The case went one. 2. Third Party gave me a cheque for half on non-prejudice basis. The day they sent this, My solicitor took the hire car back from me. 3. Cheques take some time to clear, However I saw a car I liked. I asked for a loan from my cousin, on the basis that I pay him back when the cheque clears. (he previously said no, as I had nothing to pay him back. A few months down the line my solicitor called me. They cant get a better offer than 50/50. Its his word against mine. I asked what will happen to the hire car fees. They said you will get half. The other half will be written off by the hire company. I agreed. I thought everything was done,. but 7 weeks later... Issues 1. Third party wants proof I brought a car (I give them insurance documents) 2. Third party checks my bank statements. They ask were is the transaction for the car. (The car was brought cash in hand, I gave them proof of the bank transactions of my cousin loaning me money, plus screen shots from his bank. And screen shot that he paid my insurance money. 3. Third party gets in touch again. Where is the cheque we gave you and why did you not borrow money earlier. (I sent a screen shot of the cheque in my bank and said no one wanted to give me a loan) but once the cheque was posted I had people willing to loan me money as I had means to pay them back. not heard anything back yet. Questions Why are they making it so hard? I just want this to over. My life has been put on hold. Because I am afraid of what may happen if they refuse to pay. I seen many posters around about the same situations, but never the final result. I just don't want to keep prolonging this. I have provided enough evidence to show the need for a hire car, plus they have my bank statements they know my financial situation. what more do you think they can ask?
  3. 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.
  4. Hi everyone, I have an issue I am a little confused with, as in what to do about it and who to tackle. I purchased an item from Amazon, a router, sold by Ebuyer, via Amazon, this was on the 24th June. The router as it was not really working as advertised, such as, WiFi dropping, wired clients dropping, phones and tablets not being able to connect to the WiFi unless rebooted, and generally it was a poor experience, I updated the firmware as recommended by Netgear and gave it another week but not much seemed to change, so I made a request with Amazon for a return on the 30th July. Amazon informed me that it was a 'seller return' and I would have to wait for Ebuyer to basically OK the return, which they did on the 31st July, and provided me with an RMA number. I called Ebuyer on the 1st Aug as they had requested that I provide a day/date I was available for the collection, and to confirm the collection address, and the collection was scheduled for the 2nd Aug. On the 2nd, sometime around 1:30 ish, I heard a knock at the door, I was in the back room, and my house is small, so it took me no more than 15-20 seconds to put down what I was doing and get to the front door, which by the way, was wide open due to the heat of the day, upon where I see a guy walking up my short drive, back to his van. So I called out to him and he came back to the door, I handed him the parcel, he put a sticker on the box and walked off, I asked about a receipt and he mumbled I did not need one and he just carried on and got in his van and left. I was a bit worried about not having proof of collection and on the 6th decided to email Ebuyer via the Amazon messae centre and also called them, and the lady on the phone said, OK I will arrange another collection for you, as this was has failed. At which point I said, it has already been collected as I have already told you and she said, ooohhh... and then said, OK you better leave it until Wednesday, just in case it turns up, which is today of course. Now Ebuyer is saying that Yodel is claiming that they never collected the parcel due no one being available at the premises and that the GPS shows this as probable too, I have no idea how they can tell this from GPS though. So my question(s), what should I do? I have checked on Amazon and I believe I can now request Amazon investigate this but am kind of worried that I am going to get stuck at the, 'well the item has not yet been returned for a refund' and I am still over £100 out of pocket. I have told Ebuyer I am more than happy to report this to the police as theft and make a formal statement/complaint to Yodel about the matter, partly because I am happy to do this and plan to if the package does not appear, and partly in the hope it may help to suddenly and mysteriously 'find' the package. Of course, I had no direct contact with Yodel other than handing the package over to the driver, and it was Ebuyer who arranged the collection and chose the company, so figure they are at fault and they should be making efforts to get this fixed, but kind of get the feeling they are going to sit on it and let it look like the item was never collected. I am now concerned that I am going to be left without the package and no refund and ultimatetly be over £100 down with no way to address it. Any thoughts? Ideas? Who to tackle? What to say? Any input is most welcome and most appreciated. Regards
  5. Hi If a party fails to carry out a direction ordered by the judge and Other side has, should I write to the court and advise them? Can the court sanction the other side ( it's not on the smalls claims track)
  6. Hi there My husband has received a third party debt order for an overdraft on an account that hasn't been used for 13 years The claimant is I.N.D Limited Defendant is obviously my husband Third party is Santander There is a date for a court hearing on the document but after trying to discover exactly what this all means we are getting even more confused There is talk of the account being frozen and monies taken but this account no longer has any funds in it as far as we are aware. Do they mean that they will force him to inform them of the account he uses now and if so how does that happen. He has had no contact or made and payment to this account or to any debt collectors Any advice will be greatly appreciated Many thanks
  7. Hi, my mother had a CCJ awarded against her (2 years ago) for an x-partners debt taken out in her name, she had a a suitcase full of proof in her favor that it wasn't hers to pay yet the judge took the side of the debt agency and issued the judgement. She has refused to pay and after several threatening letters over the past 2 years, a change of tactics letter was sent in the form of a "Third Part Debt Order". I have informed her to what that is but am curious? Are they allowed to freeze a UK ISA? or is is only the bank account (assuming the judge awards this). Thank you
  8. Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office.
  9. Good afternoon all, I was employed as a contractor with a small company. They advanced me my fee in advance of work carried out and then cancelled the contract and asked me to pay back the advance. I had already used the money for urgent matters but undertook to repay them asap. They gave me a piece of paper with a date to pay back by which I agreed to as at the time I felt this would be enough time. Unfortunately things did not improve for me and despite my communicated intention to pay the debt back they have not accepted my situation and are going to take action to retrieve the money. Unfortunately I am currently of no fixed abode and staying with friends. I cannot give the address as this is obviously not my registered address . They are now threatening to send legal papers to the net of kin I gave on my initial contract. I have given my undertaking to pay back and have been in conversation on email but they are using this as leverage to get me to pay. Are they able to do this legally or can I advise them that this is not acceptable? Thanks very much in advance GIB
  10. Hi, an interim 3rd party debt order was served on my ltd company bank account yesterday for the amount of 1900. I checked my account in the morning as I had 2 DD's for 800 and 190 going out which had been paid, this left my balance at 1300. When i checked in the afternoon, this amount of 1900 was showing in my account therefore tipping it 600 overdrawn!!.. i do not have an overdraft facility so this has left me seriously compromised with payments of 1200 that are due out on Monday. The bank would not normally let me go overdrawn so i do not understand how they could hold this payment. I have the final debt order hearing on Monday at the court, is there any way of me resolving this as it has put me in serious bother now.... the DD's i have coming out on Monday are on a loan secured by a PG on a new director that came in long after this case was originally brought and the commercial loan company will not take it nicely. Anything that I can do? Thank you.
  11. 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.
  12. Hi, I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court. I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please? Thanks
  13. In November someone drove into me and my car was written off. At the scene they admitted responsibility and I got the contact details of a witness who verified this. Following the crash the 3rd party decided to contest their liability which delayed my payout and meant that the case remained open, meaning that in the eyes of any prospective insurers I may possibly have been the guilty party... This meant that I couldn't afford to insure the car I'd been offered the use of over Xmas (thank you Ella Mullin x) so I had no wheels during the holiday period. All of this was bad enough but now... they've finally accepted liability, paid me out and I've got my ncd back again yet... I'm still being quoted twice as much for my insurance. I'm furious! I'm the injured party but my premiums have doubled - is this legal?
  14. My Aunt died aged 94 in hospital from Alzheimers which she had for over 10 years during which time she never left her home . I and my father,(her brother) cared for her. I was executor and it was apparent that over the past few years there had been withdrawals of large sums of money from her bank : £13,000 £5000 £6000 etc a total of £75,000 in 6 years. Her outgoings were very small, under £300 per month. I bought clothes, food etc. There was no POA. The bank refused to state who had withdrawn these amounts but when my father died aged 92 two years ago it was apparent from his bank statements that he had been responsible for these withdrawals. The financial Ombudsman has been no use . The bank stated that they phoned my aunt and she agreed the withdrawals . Their security check was that she knew her telephone number and that they 'recognised her accent'. My Aunt didn't even know what year it was and was not capable of giving her permission . As she had never left her home in 10 years I don't understand how anyone from the bank could recognise her accent. The bank are refusing to acknowledge their mistake or to recompense . I now need to know if I can claim back this money from my father's estate or how difficult would it be to take the bank to Court? Thank you for any input.
  15. Hello Friends, I booked a courier through Transglobal Express. The carrier was UPS and the item to be delivered was a dishwasher. Transglobal say that dishwasher is a prohibited good and I should not have sent it out in the first place and if still did this, it is at my own risk. The dishwasher has been badly damaged as UPS have dropped it. The UPS say that packing was insufficient and the Transglobal further added that it was anyway a prohibited item and so no compensation at all. The email and attachment that I receive after placing order does not have any mention of prohibited item. There was tick that I had to put on while booking, saying that I have not put any prohibited item. There was an advise to check with carrier if further restrictions apply. I had called UPS and asked them if they carry dishwasher and they said yes. I have an email from receiver confirming that packaging was well done with polysterene in it. I had done this packing by putting polysterene and 5mm thick carton board. The UPS report does no mention anything about the polysterene and say that packing was insufficient. What is my position here? Can I ask for compensation? The dishwasher is not working now. I had sold this on ebay for £129.99
  16. I'm doing a online quote for renewal insurance does third party hit driver mean I got hit by a third party driver
  17. I need some thoughts on the following scenario which happened recently. Goods were ordered and paid for from a Company in the UK via a BACS payment on the 1st July. We asked if the goods could be held for a couple of weeks until they were needed on site. This was agreed on the phone and followed up by me in an email. Subsequently a delivery date was arranged on the phone for the goods to be delivered on the 1st August. The goods never turned up and the company was contacted to find out where they were. Initially it seemed like a delivery problem until later in the day when the company confirmed they had despatched the goods to another customer. The company now had nil stock and wouldn't have any for several weeks. Due to this error we had costs paid out to contractors who were due to start work on site the next day. Due to the nature of the goods ordered we had no alternative but to order from an alternative supplier who had stock. However this cost an additional £500. The original company refused to accept a breach of contract and resulting consequential costs. They did refund the original contract amount though. I am now using the moneyclaimonline system to try and recoup costs. Anyone provide additional guidance on where we stand legally. I have been advised that as the goods were paid for then to sell these to another party is illegal and misappropriation of goods.
  18. My soon to be ex wife has given my business partner copies of my personal bank statements. Background: there were a couple of financial errors within our company accounts which were my fault and have since been resolved between myself and my business partner. Issue: when the issue arose, my business partner went to see my estranged wife, whom he knew had access to our old joint account, which by agreement I was using as my own personal account for the time being. When he asked her for the information, she printed off all statements and gave them to my business partner. Baring in mind that her name is also on the account, I am asking if she had any right to firstly access the information and secondly share the information without my consent. Thank you in advance for any help
  19. Hi, I was wondering if anybody can help. My friend was stopped by the police yesterday and has been fined £300 and received 6 points in his licence for driving a friends car. He was under the belief he was covered third party through his own insurance policy with Enterprise Insurance. This was a genuine, honest mistake and I too, until now, have never heard of the DOC clause in insurance policies. I've done some research and it appears this clause has been brought in quietly over the years by insurance companies? My questions is, has anybody ever successfully challenged this clause, and successfully won, thus setting a precedent? Any help/advice would be greatly appreciated as it appears many thousands of people have been caught out by this relatively unknown clause. Thank you.
  20. http://www.lbc.co.uk/eon-posts-7bn-loss-with-uk-profits-flat-126493 E.ON Posts €7bn Loss With UK Profits Flat Wednesday, 9th March 2016 09:09 The parent company of 'big six' energy firm E.ON says annual losses more than doubled to ?7bn (£5.4bn) in 2015 - with UK profits flat despite supply business earnings falling 9% to £267 The German company blamed an ?8.8bn writedown in the value of its loss-making power generation assets for the group's net loss and said that the spin-off of its oil and gas-fired power activities from its renewable energy division, completed in January, would also hurt its outlook for 2016. E.ON warned that "the course ahead will be tougher and longer than anticipated" given the changes to its business model and weak energy costs. Germany's biggest energy firms, E.ON and RWE - which owns npower in the UK - have been forced to write off billions in the value of their conventional energy assets as the German government demands a shift to cleaner sources. The cost of closing Germany's nuclear plants - a consequence of the accident at the Fukushima plant in Japan - has also pushed them into the red. Following the release of the group's financial performance, E.ON later confirmed in greater detail how its UK business did. It part-blamed a 3.5% cut to standard gas tariffs in January last year for 2015 annual supply business profits falling, alongside a competitive market. It said overall UK profits were flat on last year as more renewable energy projects, such as the Humber Gateway wind farm, came on stream in its generation arm. E.ON has not been alone in blaming fierce competition in the household supply business for hits to its profits. The market is currently the subject of a Competition and Markets Authority probe which is expected to publish its remedies on Thursday.
  21. Hi there, I am putting up a small extension on the back of our house, 3x3 metres with a pitched roof above it the pitch goes on to the party wall and our neighbour was looking at building out the same on his side at a later date. we started work a good few months ago and the roof has finally gone on this weekend but only structurally. After signing all the drawings saying it looked good and we can build the work on the cavity line he now said he wants a box gutter putting in, in advance for when he does his work (prob never happen) he had some damaged guttering on his side that had a temporary repair in it and when we started removing the guttering on our side it came off about 12- 18 inches on his side where the cast iron had been cracked. I know i have to make good any damage but can i not just stick the piece in. Is there any restrictions of when i can work on the house as he has said i should not be allowed to work sundays.....pretty hard to do as i cannot always work in the week at home. when putting the foundations in we also lifted up some cracked concrete on his side and did some small damage to other parts, i said i would re concrete the damaged bit but his whole drive and back area is already cracked and damaged.... is there a timescale to repair what i have done?
  22. See here >> http://www.derbytelegraph.co.uk/Bailiff-tried-television-says-Derbyshire-landlord/story-28724803-detail/story.html From Scoop
  23. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance
  24. I have a contract with EE. I was browsing facebook and clicked on a link. I immediately received a text telling me I was subscribed to a service costing £4.50 per week. Needless to say, I do not feel I consented to this. Certainly not enough to form a contract by simply clicking a link. I spoke to customer services at EE who assured me the charge was cancelled. However, they have let this company charge me for 6 weeks now and have now refused to refund the charges saying that it has nothing to do with them. EE have simply referred me to PhonePayPlus etc. I think we all know that the company in question are basically a [problem] company so I have no faith in them to refund me or cancel my subscription. My argument would be that my contract is with EE and so any charges I am charged by them should be justified by them. Im not saying they should be in possession of evidence to pass on, but there should certainly be more than an 'anyone can ask for money and we will just remove it from you and give it to them' approach. That said, this problem has been around for a while and I am not the first to suffer from it so there must be some reason why nobody has challenged a phone company via the courts. On what basis can they simply pass on this cost and deny contractual responsibility for it? I have a law degree and am considering pursuing this via the SCC. What legislation are they relying on that allows them to pass on third party charges unhindered? Surely any such clause in the contract allowing this would be an unfair clause as I am a consumer?
  25. Whilst I was waiting at a mini roundabout a Lexmoto motor cycle tried to squeeze in on my left (I was also turning left) and damaged my car with two long and deepish scratches. No personal injury. I got out of the car and spoke to him briefly. He apologised but said it wasn't his fault(?). He blamed the non-existent ice on the road. I was blocking traffic so I asked him to wait while I moved my car. As I got back in my car he drove off. I went to the Police and reported it who have now said they will prosecute him for not remaining to provide details and for driving away from an accident. The only evidence I have is my front facing camera which clearly shows the third party at the side of the road and then pulling away again. No problems; except getting my car repaired. If I make a claim my insurance will rocket up by over £200 for next year and I lose 2 years NCD. A point I'm sure we all agree with as scandalous! Finally to my question: I'm not claiming via insurance but can I take the third party to small claims for damage to my car? If so where do I begin?
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