Showing results for tags 'right'.
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Does anyone have experience of challenging the 20% discount repayment for Right to Buy terms with a local council in the final six months of the five year no move rule. There is a proviso written in the contract that says in exceptional circumstances they will waive this. Would anyone know what these exceptional circumstances might be, or if there has been a successful challenge. I have been told it would be too costly to ask and I would be unsuccessful if I engaged a solicitor to do this hence my post to clarify this would be the case. Thanks in advance.
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Hi Folks, Looking for a little bit of help. I recently purchased a VW scrioco from a dealership. Good ratings in fact 5* across the board. Car was £7500, 2010 model, 56000 Miles. Got the car home on the Sunday (20 mile drive), Went to work on Monday and saw an oil patch on the floor. Contacted the garage about this issue and told to clean the skid on the bottom of the car as it may have pooled from the recent oil change. Did this then about 5 days later it was still happening. At the same time i also noticed that the coolant was leaking whilst the car hand been driven all weekend. Filled the coolant up 2 times and all drained out. Went to start the car to head into the garage to let them run a diagnostics report and the car battery was dead and wouldn't turn over. Told the garage via email and phone that i would like to reject the car under the CRA 2015 as within the 30 days. The dealership have rejected this as they believe its wear and tear. and wouldn't used a mediator to sort the problem out, in fact they wouldn't put anything in writing. The car is currently with them for a diagnostics report. Looking for a bit of advice as my next step, and what to do really as i believe these problems deem the car of unsatisfactory quality and also not fit for purpose. Any help would be greatly appreciated.
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My sister has been refused benefits because they think - erroneously - she is earning 130 a week, when in fact she hasn't worked since January. They said they based their decision on her tax return (actress, self-employed). When she asks, that's all they say. She needs to see their detailed calculations and what in the tax return they used to arrive at this wrong conclusion. Can we ask for that? Thanks.
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Hi guys, I bought a used car last week that was described as a 'superb example' with absolutely no mechanical issues. The same day, on the way home from the garage, the engine was misfiring. It was diagnosed by a mechanic two days later and a report written. I agreed to return the car for repair having initially been refused a refund - a 100 mile journey. 20 miles into the journey the car was misfiring constantly - vibrating/shuddering. It did not feel safe to drive. I called the dealer and stated that I would like to return the car for a full refund, as we have suffered enough additional expense and stress. He refused and told me that he would not accept the car and that I was not to bring it to his garage. The car is on my drive and has not been used since being diagnosed with the fault 2 days after purchase. A letter in advance of action was sent two days ago with no reply. My question is this, do I have to physically return the car within the 30 day period? Or is it enough to have put it in writing that I am rejecting the car? Thanks in advance, J.
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Hi there, Recently i had an accident that wasn't my fault when i veered out the way of an oncoming car that came over onto my side of the road. The cars did not collide and i went into a raised curb, the other driver did not stop and drove away. Major damage to passenger side front wheel, and passenger side suspension with body damage. i have a £3000 excess, with XS direct. They claim the car is a right off and their engineer valued the car at £24,000 when brand new in March 18 it was £37,000 value. They are now claiming it is not economically viable to repair. Car was sent to BMW approve garage as in BMW dealership, estimate of £16,000 all in. They class it as Salvage: S? Please help, is there anyway to convince them to repair the car? Thanks,
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I was shocked by the pipe bombs sent to prominent Democrats in the US this week. It seems that the US isn't the only place where politicians especially are subjected to abuse; Diane Abbot has been talking about this. https://www.theguardian.com/politics/2018/oct/23/crimes-mps-uk-online-intimidation-abuse I don't condone violence for any reason and especially not over politics. Why can't people just agree to differ?
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For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 4/9/17 2 Have you yet appealed to the parking company yet? [Y/N?] Y (stupidly enough to negate my Pofa) if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? Y - appeal rejected 5 Who is the parking company?Parking Control Management (UK) Ltd (“PCM”) 6. where exactly [Carpark name and town] did you park? Right to park in own development ("London City Island" according to lease. Paid £30k for it and MC just washed off their hands There is a clause in the lease that might make my case slightly different to the precedents that I had read: To comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of car parking spaces within the Parking Area I strongly believe that the regulation to display permit and getting "invoiced" for it is not "reasonable" contrary to the clause in the lease. I have already paid for the right to park, being charged for no permit would be unreasonable. CAG pdf_Redacted.pdf Appeal rejected_Redacted.pdf
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Parked in a slip road that's in foreground of pic, one way running right to left. Left slip road and turned right onto main road. Only signs are left and right of slip road exit. CCTV shows me turning right with long shot, then close-up showing vehicle reg. On reflection, I can only say I was watching out for other cars in this very busy area and honestly did not see the No Right Turn signs. There was no signage on the road surface, opposite in the form of signs or any physical obstruction. Can anyone say if the road signs give good cause to appeal due to height, etc. Also, is it right that my Appeal of the challenge already turned down will mean I HAVE to pay the FULL fine of £130, as opposed to the £65 "discounted charge" paid already. If it's just not worth the trouble, or paying the extra £65 if I lose the Appeal, just give it to me straight, thanks. LBH PCN pic small.pdf
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Hello hope you are well? I just received a PCN from Brent council for violating a no right turn, unfortunately I followed my satnav and turned right but I never saw the sign on the pavement. My question is that the spelling of the road is wrong on the PCN notice, does this mean I have grounds to appeal? Thanks. Kind regards Ummi
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I had builder coming in to do extension work Cut long story to short we agreed on price they came and worked 8 hours in 2 days and one of them asked me for some payment i paid £500 and they didn't come for 2 days turned up on 3rd day and made an excuse that they cant find the required doorframe i called them they promised to come after a week as one is sick and other one on holiday When the week finished i ask them what are you guys up to they start making excuses like they needed a skip so they could clear rubbish in the garden i told them that's not the priority, do the interior work and by the the time you finish i would have ordered the skip as it take upto a week to order They went funny they are not coming until i get the skip which made me angry and told them not to come i asked them to give me my money back and i refused to let them take their tools they have left at my property It escalated to them accusing me of robbing them of their own tools they turned up at my property they called the police police told them they will not get involved which they did not like After that incident they saw me at one of the guys building, i didn't know they were working in there they saw me and got physical and snached my phone i reported this to the police they asked me to leave the site and see them in the police station for an interview which i did i was told by police they will not get involved in this as it is civil matter but the police officer said that he will call the builders and warn them that physical behavior is not acceptable if they acted like again the police will get involved . After this i have received the letter below from the builder which i ignored them . Today i have police visiting me asking for the tools and telling me that i cant keep their tools as it is theft of tools which really got me angry i said ok fine you get my money back from them and take the tools they said this is a civil matter well then if you take tools and wont give them back to them that is the leverage i got on to them to get my money back so you are more welcome to take them but take they wont take responsibility for the money back they then said are you happy for us to hold the tools until you guys resolve the matter i said fine as long you promise not to give them back its fine they looked at the tools and kind of backed down holding on the tools saying there is too many they admitted they only came because they were told by the builder that i sold the tool i said look they all here they're no good to me they then took pictures of the tools to show them and ask me not sell them as that is not legal and will get back to me and they left . What is the best way i can deal with them now thanks letter prior to court action.pdf
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Hi, Can a company in the UK gain legal access to an employees previous court files, police reports, recorded interviews on DVD to check an individuals background for their own safety? Usually they do disclosure checks and ask for certificates which shows very minimum information not the complete story, but can they ask DBS for further information people involved, what you said, what they said? Thanks.
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We are a group of leaseholders who are in the process of trying to enfranchise. We have just discovered a law whereby the leaseholders are supposed to be offered the first right of refusal if the freehold exchanges hands. Having done some research, our freehold was sold in 1997 and we were not offered it at all. Our solicitor seems not to comprehend the significance of this ruling and believes we would only have had the right to pursue this during the first 6 months of having discovered it was sold. Where do we stand now? Are we able to go to court and purchase the freehold for the price it exchanged hands in 1997 or thereabouts? Are we able to use this Ruling to our benefit whilst negotiating with our freeholder on the price of the freehold? Advice appreciated! Thanks.
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Hi All, I bought an item from an online store 18 months ago - it has now gone faulty. The company are willing to replace it, however, they do not have any of my colour in stock for replacement (refurbished models). They have a newer device in similar colours, which I asked if they could replace with, to no avail. Aside from the colour, the replacement device is the same specifications as mine. Can I insist on getting the same colour device as my current one? Or does that lead to only a partial refund being available?
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Hi i bought a very expensive watch from an online retailer couple of months ago and paid for it using V12 retails finance. 1 The watch was dispatched by them on the 19th of October 2018 however I received it after a failed delivery attempt on 24th October 2018. 2 After receiving the the watch I went on holiday for a few weeks and left the watch behind, I think it is at this point the watch stopped working or immediately before I came back. 3 On the 21st of November 2018 I notified the retailer that the product has become fault as its stopped working. 4 They advised me that since its outside the 30 days return period I am not entitled to a refund. 5 I argued that I took delivery of the watch on the 24th October 2018 therefore as far as I am concerned it still within my right to reject in 30 days. 6 Moving forward I lodged a S75 with V12 Finance and they started investigating once the claim was lodged I sent the Watch back to their return address to which they have not sent any confirmation but I used Special Delivery so i have proof it was signed for them 7 V12 finance advised me they have received the watch and that they have sent it to Switzerland to be inspected. And they have also confirmed that once they have inspected the watch and IF and only IF there is a manufacturing defect will they refund. 8 V12 Finance have advised that the watch has sign of wear to which I replied of course it would as I was wearing it and had intentions of keeping it. Now my point is if its the battery that failed within the 30 days will it be classed as manufacturing defect or simply not as satisfactory for a reasonable individual to expect. Also the fact that I have had bad experience with this brand I simply do not want the watch any more. What options do I have or am I stuck with this watch?
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Hi I've been suspended from work while they are investigating allegations of gross misconduct. It's follows a grievance I raised against the way I was being treated by another department (there are a number of individuals who use threats to ensure I prioritise their work over other departments). My grievance was ignored and I was told by my line manager that an informal complaint had been raised against me by that department. A week later I'm called into HR and handed a letter stating I've been suspended due to allegations of harassment outside the work place. There are very little details of regarding the harrasment and I honestly can't think of any occasion where I've approached a colleague outside of work with malicious intents. I've spoken to ACAS and CAB, the advice is to take my original grievance higher up, which I plan to do. With regards to the suspension and the eventually these allegations are proven false, I understand there is very little I can do as I have only been in the organisation for a year. Both ACAS and CAB have listen to my full case and have advised that if I had been there for over 2 years I would have a good case for a tribunal hearing or unfair dismissal if I'm to be dismissed. What I do want to know is can I demand full details of these harassment allegations prior to the investigation meeting? Will I be damaging my right to a fair 'trial'? Next week will be the month anniversary of my suspension and it's driving me crazy trying to work out what I could have done or said that could have been deemed harassment. The details I have is allegations of harassing colleagues on social media, traffic lights, a bar, and a station. No dates, what was said, no mention of what social media platform, nor what bar or where the traffic lights are located. My desire to know is also driven by a colleague who contacted me a couple of days ago as they were very concerned about my well-being - my colleagues are starting to question where I am as I've disappeared from the planet and a few have now contacted me - I've told them I'm on long term sick leave. This colleague witnessed the only incident which I would deem harassment on my part, which I have already admitted to HR. Why would they contact me when surely if the harassment claims were being fully investigated they would have been interviewed as part of this process? The one incident which I am very aware of: I was very drunk after a night out with friends and bumped into a colleague who happened to be in the same bar, we get the same train home so we went to the station together. While at the station we randomly bumped into another colleague (who is from the offending department) and they approached me to ask how I was. I ignored them but they persisted so I said something about the informal complaint they raised against me. I can't remember what was said in response but I burst into tears and they tried to comfort me. I apologised the next day because I realised I shouldn't have said what I did but also realised how embarrassing it was for them to have to deal with an emotional drunk. Apology was accepted and no more was mentioned about the incident, until I was suspended. And that is the only incident I can think of. To add to the situation, the colleague who would have been the one to complain about the incident at the station has resigned and knew they were leaving at the time of the complaint. Why complain about an incident which they accepted an apology for (in writing - I put my apology in writing as I was off work the following day and wanted to immediately apologise)? Therefore I don't understand why they felt the need to raise false allegations about the non-existing incidents. They have nothing to gain and if proven false surely they are damaging their own reputation. None of this makes any sense. With regards to the social media allegations, I just wanted to add that the apology was via work e-mail. Also the colleague in question, we were friends on Facebook but I unfriended them when I realised that the work relationship was turning toxic. That is all I have done. The only other social media I use is instagram and all that shows is photos of my holidays. I don't use social media to contact work colleagues and I hate it when colleagues use it to contact me - which they have done when they couldn't get hold of me and I always move the conversation to work e-mail or phone. And I only have one FB friend that is also a work colleague. They, like the one I unfriended, have been friends prior to my joining the organisation.
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Hi, Just wandering if someone can give me some help please? Purchased a vehicle (2011 plate) yesterday form a trader, advertised for £3695 (1 owner) but purchased for £3550 with 2 months warranty. Was told whilst inspecting the car that it was HPI clear and had no issues etc. After purchasing the car I drove it home and checked the MOT records to find it had been in MOT 3 times in 1 year (all passed according to GOV website). As a consequence my partner carried out a HPI check on the vehicle and the mileage details were flagged due to mileage reports as below: NAMA 23/06/14 = 7,451 RMI Mileage 17/04/14 = 7,176 RMI Mileage 29/05/13 = 6,388 RMI Mileage 22/05/12 = 2,209 BVRLA 8/6/11 = 9356 - 1 month after car was first used (24/05/11) I spoke to the garage 3 hours after purchasing it.. they provided me with a whatsapp number so I could send them images of the HPI check. After an exchange of conversations via phone they have today informed me the vehicle went through MOT 3 times in 1 year (2014) due to number plate changes. They also state they carried out a HPI check and 5 registers were clear (stolen, Finance, Security watch, Insurance write off, Condition inspected) and not to worry about the discrepancy in mileage as that was likely due to a fault/ typo. I'm very concerned about the car and its history and no longer want it as I feel it wasn't as described. I have not driven the car since I bought it home and it's still parked on my drive. It all seems very odd and would like to return it for a refund? Am I able to do so? I've also relooked at the advert the trader produced which states ' all cars are fully inspected prior to sale' but makes no mention of HPI clear, even though this is what I was informed at the time? Please help.
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JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
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Afternoon, I wonder if you can please help me with this ticket. Back in November 2016 I unknowingly made a mistake and took a wrong turn to the road where no right turn was allowed between XX and XX hours. I think about 2 weeks later I moved and was never aware of the offence until February 2017 I was actually nearby my old flat and met postman who I knew and who then handed me a mail which had that ticket with a penalty and from Northampton court etc. I then phoned Court, spoke with them and was advised to immediately submit 2 forms (out of time and something else) I Immediately processed them both and also provided them with my new address and that I understand I made a mistake and am happy to pay the original penalty charge. After about 4-6 weeks I received refusal letter from Northampton County court that they have refused my appeal despite me providing them evidence of my new address and that genuinely I never received any previous notices. I then phoned them again and asked what will happen next and was told to wait to hear from the council. I have since not heard anything from the council and have been told by new tenants in the previous property that they received a letter from some target collection company which I imagine would be for the same. The council and collection company still writing me to my old address? what should I do? write to council asking them to waive the fee and that I am prepared to pay the original amount or contact the agency etc . Please help!!!
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Hi I have a personal loan with Natwest all paid up to date and fine. Had the loan for around 13 months and have asked for an early settlement figure thinking I would get a rebate on the interest. They tell me not so. The early settleemnt figure has come and states no rebate under S95 of consumer credit act 1974 or under the agreement. Does this sound right? Thanks
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I have been invaded. This keeps interrupting my business in the Bear Garden. There is this Essex or somewhere in the south east smug little man who is telling me how to make millions in the next few months. A smug little varmit that needs sorting out if you ask me.He and his chums. All sorts of adverts pop up,some asking some rather interesting questions when you are viewing anything. Blocking your computer and seems to sneak in. Any tech minded ones who know or had dealings with these infiltrators before. And of course the easiest way to get rid of them for people with limited technical knowledge such as myself. Free if possible. I cannot see them on my programs.So struggling to wipe them out. Thanks. Tawnyowl.
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Ladies & Gents... Have you heard the news? Mobile phones are now dangerous... (When did that change?) But no seriously. News from Samsung regarding their Note 7 Product; Selling over a million units already, the device is shaping up to be a catastrophe for Samsung. FAQS Below
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Hi all. Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip. My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer. Evidence-wise, we have this: Original advert in local paper Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718 Copies of letter and email sent to employer Proof of receipt of letter. He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432 Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax) My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information? Thank you in advance, B
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Im fuming. It just seems to me that car owners are one big cash machine for councils. Stick some cameras up and let the money roll in. I recently moved to a new area and started driving to work. Unbeknown to me one of the roads I was turning into on my way to work each morning at 7:30am has a time restriction in place that you cant turn into it after 7:30am. Its dark, its christmas , the streets are empty, no one was killed, no traffic was caused. But yet I have appealed against these tickets and am told by the council they are 'certain an offense has taken place' and I need to pay £390 thankyou very much. That is like almost half a months wages. For making a mistake that has harmed no one. Does anyone know how I can fight this?
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Hi there. I hope this post makes sense. I'll try to be concise We bought a used car from a dealer and moved 250 miles away. 20 days later a grinding noise, which may have always been present and mistaken for a sports growl, became so loud that my wife pulled over and called the AA. It was taken to a local garage who had a transmission specialist tear down the gearbox to find the mainshaft was badly worn. The brake discs were also found to be badly corroded. It was the garage's opinion that there was no way this could have been caused in 20 days of driving. And that to a trained ear, the fault should have been noticeable at the point of sale. Total cost of repair £1200 We were in touch with the dealer throughout this diagnostic process. After speaking directly to the mechanic, he sent me an email stating that it was not his fault, that he couldn't tear down every gearbox before sale, and that the damage was most likely caused by reckless driving. He offered to pay about half of the fees, which I rejected and have filed a claim using MCOL. I have documented the damage and I'm the process of getting an independent report based on the evidence I have. My claim is that given the price and mileage of the car, it was not fit for purpose. Because the car was in 1,000 pieces on the other side of the country, I didn't feel it was fair (on the dealer) or convenient for us to pursue my right to reject. Instead I asked him to meet the full cost of the repair. It was the only convenient solution that I could see for all parties. Having said that, I did present both options to the dealer, but as he ultimately did not admit liability, my only course of action was to pay for the repairs and pursue the costs in court. Here is (one of) my questions. By bypassing my right to reject, where does the burden of proof lie in terms of the faults being present at the point of sale?? It is my understanding that by invoking the right to reject within the first 30 days, the burden of proof lies with the consumer and after the 30 days expires, that burden is transferred to the dealer. I essentially bypassed that right, and moved straight onto the right to a repair - but still within the first 30 days!? I have quite a few other questions as I begin to prepare my case, but this is one that is nagging me right now. Any advice, much appreciated. OR... perhaps once it reaches the courts, burden of proof no longer applies, and it simply moves to the balance of probability? (we both provide evidence)
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