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Found 20 results

  1. I'm trying to find out if a business mobile contract is different for a Sole Trader (up to 10 employees) versus a limited company? I thought I'd read somewhere that a sole trader has similar rights to a consumer? Basically, it seems, companies have no automatic rights - it's assumed they have access to lawyers, I guess. I have been told because I have a business contract that consumer rights don't apply. Also that 36 month contracts are not banned for business customers? (Ofcom rules 24 month max).....and that a 14 day 'cooling off' period doesn't have to be offered to businesses??
  2. Hi I am self-employedand VAT registered, my certificate says my name followed by my trading name. I am now venturing in to a new industry, totally differentto the one my normal line of self-employment is in. I still have to charge VAT? It will be alittle suspicious for customers if for example they were being charged VAT on atree surgery job but the vat name was a motor trading company (That is just anexample, not my lines of work). Do I just get theHMRC to amend my trading name to simply my name? Is that possible? Or do I needa new number? I looked online but couldnot find anything relevant. Cheers J
  3. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have to provide the originals, or just legible copies of the originals? And am I correct in thinking the fee to enclose is £1? If they do provide the info as requested, and I have no other defence, I can't afford to pay them the amount they're requesting. I could offer to pay them a token amount every month or I could borrow a lump sum and make them an offer of a full and final settlement, although it would be much less than they're asking for. Either way would I still end up with a CCJ? Many thanks.
  4. Hello everyone, This is the first time I post on this forum so please accept my apologies in advance if I make any mistake. We are about to resort to the Small Claims Court due to a sole trader that a month ago did a terrible job on our terrace. My concern is that, even if we will (likely) win, it appears very difficult to enforce the court's decision and have our money back (£530). I read of different ways to enforce the court's decision but I would really appreciate if someone could enlighten me about the action with the highest success rate. This is the story: After receiving different quotations by different traders, basing on the quality of the works previosuly made by the trader as shown on his online websites and mybuilder.com, we decided to hire him to have our 1. terrace deck, front balustrade, 2. side fence built, and 3. a bench built in the corner of the terrace as well as a connecting pipe hanging over its corner. The agreed price for the job was £670 including labour and material (although we provided 2 types of paint). Works were supposed to be finished in 3 days. DAY 1: The trader was supposed to start the works with cleaning the deck by water brush and stated that it would have been delivered by 2.00pm but the water brush was not delivered. However he couldn’t start the cleaning and stated that the water brush had been delivered at a different site. This inconvenience led him to start building and permanently fixing the bench on the unpolished deck DAY 2: Unfortunately the water brush resulted being faulty and the cleaning had to be suspended. In the early afternoon the trader managed to get hold of a different water brush. After finishing the cleaning he stated that he did his best but due to the deck he couldn’t really thoroughly clean the deck. The trader informed me that he made a mistake when calculating the wood needed to complete the job and told him that, in order to continue, he should have bought more wood. I asked how much it would have been and he confirmed that the added cost for the extra wood would have been £45. Considering the situation I felt forced to agree. I asked him if painting the deck would cover a burnt on the deck and he reassured me that it wold have been possible by applying some extra layers of the type of paint (suggested by him). DAY 3: The trader left our flat for about an hour as he apparently forgot something. However the work was not finished so he had to come back on the next day. DAY 4: Before arriving the trader contacted my wife and said that he wouldn’t be able to mount the hanging connecting pipe in the corner (as agreed) as he could not find the parts to complete the job and proposed to swap it with a chain. The proposal was firmly rejected by us so we had to opt for a wooden bar as last resort. The trader left the flat at about 1.30 pm when I was away and told my wife that we were actually supposed to pay extra £72.53 as results of the further material he had to purchase despite agreeing with me that the extra cost would only be £45. Also he provided receipts reading a cost of £61.43 (this matter was successfully addressed though). Post Work Checks: When I was back I inspected the job and noticed that: - The burnt on the deck was not covered by the paint - Despite the contract reading that the trader should have cleaned the walls with the water brush, the walls (and other surfaces) were actually stained by both types of paints, the one used to paint the fence and the bench and the one used to paint the deck. Before him leaving the flat my wife asked him why the walls were stained but he could only reply that it was necessary and that we should have repainted the affected surfaces. More important is that part of the paint used for the deck has stained the walls and the bench: this is stain paint so simply repainting surfaces will not suffice and, in order to fix this up, a blocker will need to be applied on walls. - The hanging wooden bar split open on one of its sides due to the bad nailing, which means that it will not last long - The worst part is that the most planks (approximately 95% of them) used to build the bench and fence are badly cracked to the extent that some parts are widely split apart. Also the trader didn’t even bother painting the inside of the planks completely. - He built the bench on a screw that is now stuck under it and sticks out and cannot be removed (which is likely damaging our deck as well as being a sharp object). He saw this as he also painted over it - There are other minor imperfection like the planks roughly cut due to the use of inadequate tools After asking for an evaluation of the work by another trader it turned out that most of the stains on the wall could have been avoided by simply painting the planks and subsequently fixing them. While the other stains due to the deck paint spread around denote carelessness and a job that very likely was rushed. At the very least the trader could have used tapes and protecting layer to preserve the affected areas. Also, the wood likely split as the wooden parts should have been drilled first. At this point I spoke on the phone with the trader to inform him that we weren’t happy with all the above issues and would not proceed with the payment of the final 20% until he would at least replace the damaged wood. However he refused and said that this would cost us more money. After sending him 4 of the pictures taken to show him the entity of the damage he replied that we should pay him first in order to have him come over later to glue the broken parts. We obviously rejected the offer as he deemed it unfair. As if was not enough, all the pictures of what appeared to be his amazing previous works were taken from other sites so obviously nothing that he could possible ever do. We spoke with the Citizen Advise Bureau and they instructed us so we asked him if he was member of any ADR scheme but he never replied (which means he's not), so we asked him to have an ADR involved but he never replied (which also means no). We also spoke with a solicitor who said that the work is so bad that there's no fear to lose this case. We sent him 3 letters by registered mail and he only replied to the first one by email. He admitted he needs to fix all that mess up in a couple of emails but never confirmed he'd do this before we complete the payment (as requested by me) nor tried to arrange a date to start the works: which means that he wants the money first. He has gone silent for the last 2 weeks despite me sending him texts, mail and emails. Sorry for the long post and thanks for your help.
  5. Hello, Can you tell me how can i register as a sole trader while in the same time I'm a LTD company director and a LLP member? It seems to be a problem through the HM R&C online service or I just can't find the answer... Looking forward for all your help
  6. Hi all, New on here but have been reading a lot - I need some help with a claim for I have had through in the post. I used to run a business 4/5 years ago that dealt with various suppliers. The business closed in 2012 and hasn't traded since. I had a letter around 2 months ago from an old supplier stating that the business had been sold to someone else and that there was an outstanding balance on my account from 2011, it came with an attached statement of invoices spreading across 18 months - first thing I knew about it, I was not aware I had a balance outstanding as the business has been closed since mid 2012. I was also shocked that the invoices spread across such a long time period. when I was trading with this company I normally paid for my good on collection or delivery. If any payment had been missed i'm not sure why it was not bought up at my next order? I simply wrote back to this letter stating that the business was closed now and I was not aware of any balance outstanding at the time. On the 12th Sept I had a claim form though the post from a company I did no recognise - I was only on seeing the suppliers name on the bottom on the form I realised who it was from. This old supplier of parts with whom I have not spoken or ordered since 2012. The particulars simply state - "Claiming payment for goods supplied on credit for which payment has not been received" I assume the company that is claiming is the new company that has bought out the supplier? - However it is signed by the guy who I dealt with back in 2011 so not sure. my question really is how to deal with this - The business that closed caused me a lot of grief and money at the time and my credit is still, even if its slowly, recovering from it all closing. Last thing I want now is to have another CCJ on my file and be back to square one! - I'm still waiting for the others I incurred (I probably would not have got them in the first place if I'd have been part of this forum then as I didn't even reply to claim at the time and they were just awarded as default!) to drop off! The main defence I think I have is that I was never aware until recently that there was an outstanding balance. I always paid for my deliveries or collections at the time of ordering. I did not have a "credit" account which I had a limit for and paid off as you would with a normal supplier. The company (although it was me as a sole-trader) closed in 2012 I am still unsure why, if the claims are true, I was allowed to keep ordering for a period of 18 months if this balance was due. It seems to me that there must be an admin error or their part or something? Any advice or suggestions? Cheers Chris
  7. I know I have another thread going on since mum died and will reply asap but this is something regarding an incident that happened recently. So here's the thing. Mum lived with a distant relative (This relative was a horrid b*tch to say the least. Let's call her A). I lived there until around a year ago when I couldn't take anymore of this family member and moved. Anyway. With mums will I am executor and sole beneficiary (Everything left to me, personal goods and money unless I passed away before her). When mum died, all of her belongings were left at this distant relatives home. The ashes were delivered there and I went back today to find out what was happening. They (This distant family member and her sister) had made plans to do with my mums possessions without consulting me. They planned to give half to some other distant family members (mum wouldn't have wanted that) and even arranged to collect the rest to give to charity. I wasn't consulted once, had no say and when I explained mum wouldn't have wanted that to A, I was met with some verbal abuse and effectively told to sod off. I explained the case to A's sister as I had their number on my phone, who was pretty nasty and told me i'm not allowed back to A's house unless she accompanies me. Followed by a form of a verbal abuse. So now it looks like the legal stance of things. Am I correct that because I am executor and sole beneficiary, every single thing mum owns is now mine? and anything done regarding mums belongings and ashes would count as theft if it is done without my permission (i.e... Taking with the intent of permanently depriving the owner of their property). It's sad that it could go down that route with A who has never considered my opinions and her sister who has her head up A's wotsits. Thanks
  8. Good evening all, I would be grateful for any advice that may be offered for the following case that I am pursuing through the Small Claims court. I have changed the exact dates, but the rest of the details are accurate: On 15 November 2013, I found a website offering for sale some consumer electronics. It was a computer peripheral (offered as a kit or fully assembled) that would enable me to expand my fledgling prototyping business. After many calls and emails with the Company Director, I went ahead with ordering an assembled and calibrated unit for the sum of £1000.00 (including courier delivery). The sale was agreed specifically for an assembled and calibrated unit, to be delivered within 10days. The director emailed after 11 days to state that he was waiting for parts and that I should receive the unit soon. Queue excuse again a few days later, but the Director offers to deliver the unit to me personally. After much chasing, a tracking number is received, but no goods. On querying with the Couriers, they state that the goods were never collected because no-one was ever found at the collection address. Repeat this cycle for approximately 6 months, at which point I contact Solicitors for advice. They do a search and advise me that CompanyA has been dissolved on the 22 June 2014 (effective 15/06/2014). No legal recourse as there is no legal entity to pursue. News to me. I complain to Companies House (CH), but am told that I had 3months to object to the Dissolution and that's that. They advise to continue communicating in the hope that the goods will arrive. The Director keeps up the promises and the goods never arrive. A request is submitted for delivery of the goods or full refund of the purchase price. This is ignored. The Director eventually ignores my emails and phone calls. The Director randomly emails me with another false Tracking Number in September 2014, to which I respond that I know he is making false statements and that I have reported him to the authorities. He replies to say 'sorry to hear but understandable. Machine will be sent soon'. I complain to Trading Standards (TS) and the Police Fraud squad (AF) and am advised that although I have no legal recourse, I should still pursue the matter by persisting in asking where the goods are/when they will arrive. AF advises that I should not under any circumstances give this individual any more money if he gets back in touch. Following the dissolution of CompanyA, I go back to his website where I find he is offering the same goods and services, but now under CompanyB. The terms and conditions on the website are still listed as CompanyA. I get back in touch with TS and AF and complain again, also contacting CH to report what I believe was Phoenix Company action. No further action by CH as he applied for Voluntary Dissolution. No further communication with the Director is received until February 2015 when he comes back on the scene, apologising and saying that's it's been all a big mix up and that CompanyB is now responsible for delivering the order. Again, news to me. I consider that maybe he is serious following the AF/TS complaints and is going to deliver the goods. On reading back through the correspondence, he does state that it is his intention to close the company 'within the next three months', but not that he has already filed the application. In hindsight, it is clearly his intent to close the company before he even resumes contact. Further, he states in a later email, that only those who have opted to NOT receive a machine would have received a copy of the DS01. Alarm bells ring and on checking, I find that he has an active application for dissolution. I am just in time to register an objection which is upheld. I notify the Director of my objection and continue to appeal to him for mediation, compromise... a solution. He repeatedly requests to discuss things over the phone and after a few weeks of waffle, I decline further contact by phone. I challenge him with regards to the DS01 and he emails a copy through, stating that he has never hidden this from me and that I should have received one in the post. No proof is provided, no communication is received from this Director or his Companies by post. Ever. I make him aware that I am contemplating legal action. His response is that CompanyB is ONLY fulfilling the orders. When I challenge his handling of the situation, his response is to ask if I want to invest £3000.00 in his business. I ignore this. A 'Notice Before Action' (NBA) is issued to his business address and home address. The home address one is signed for, the business address one is returned a month later, uncollected. He acknowledges receipt of the Notice. He misses the deadline to respond to the NBA. He later offers that funds are low, so he would not challenge legal action. He also asks that, given my history, would I be interested in an investment opportunity? I lodge a further complaint with the Director, who ignores the complaint and instead offers 49% of his business for £5000.00 and states he would then be able to issue my refund. (?) I again complain to CH. After objecting to dissolution for 6+ months, I progress to legal action. On legal advice, the Solicitor questions the ProForma, the only document I have with an order number on it. I question if it is acceptable proof of purchase and he agrees that it is. It is unclear who the liability for the ProForma is with - I assume it is with the Company. Solicitor advises naming Director and Company jointly, which I do. On investigation since submitting the Claim: The Director is sole member and sole Director of Companies A, B and C. (You cannot deal with anyone else in the company other than him: He is a one man band.) I find that the Director's DOB on the Certificates of Incorporation are listed differently between CompanyA and CompanyB. CompanyC is registered with incorrect Director's contact details. Director is later removed and reinstated with contact details for CompanyB's business address. CompanyB and C share the same trading address. The Director alleges that CompanyB and the unit are closed, but on investigation, I am told that the named unit is occupied with an active lease and no notice of termination. CompanyA's application for Dissolution was dated 3 months and two days after I sent the payment (17/02/14 and 15/11/13 resp). Granted he has not (to my knowledge) traded within that 3 month period prior to the application - I question whether there is an indication, seeing as how there were 2 days between sending the money and making the decision to no longer trade; that there was an intent to take the money without ever fulfilling the order. This would seem to be corroborated by not being notified of the Dissolution of CompanyA. CompanyA and the Director are repeatedly named in a user forum specific to this industry that I recently find. There are numerous complaints almost identical to my own. It appears that previous legal action has been settled in mediation with questionable/pitiful results. No accounts have been submitted for any Company. Only one return is ever filed for CompanyA, and all documents show as Outstanding (that's not for performance) with CH. As all have been/ are being Voluntarily Dissolved, CH will not take further action, even in light of his failure to notify Creditors and suspicions of sharp practice. These are stated offences in the Companies Act 2006. The Solictor's reaction to the ProForma bugs me. There is a logo that states CompanyA, but the only mention of LTD is under his name as Director of CompanyA Ltd. There is no inclusion of the Company Number and no VAT details. The office address is both the Company's address and the Director's home address. No invoice or receipt is ever received from CompanyA. I only have email confirmation that the Director received the money. Is the ProForma proof of an agreement between the company and myself, or the Director and myself? I call HMRC for clarification, they advise that the ProForma I originally received is not a recognised Invoice. It is considered to be a quote for goods and services. They cannot comment on whether the agreement is with the individual or the company. CH advise they cannot comment on the legality of the document, but based on my continued evidence and pending court case, the objections are being upheld pending Judgement. Director contacts me to complain that I have named him personally as a Defendant. I ask him who received the original payment. He does not respond. The Director has just defended the claim against himself, but nothing has been received for the company. Default Judgement has been removed now that his defense has been submitted. His defense is that the order is with the Company and that I already know this as I am objecting to it's Dissolution with CH. He states that he has sent me the DS01, (which he did, but only after I demanded a copy of it (and months after the application was submitted)). Whilst I have continually tried to be reasonable, his persistent evasion of any credible information leads me to believe that he is either incompetent or blatantly defrauding his customers. I only have his word that the goods exist and that the agreement is with the Company. As you can imagine, after 2 years+ of outright deceit, I am very suspicious of anything he states. I believe that I am waiting for a question pack from MCOL in order to progress to Judgement, but am concerned that the debt is going to be lumped on the Company and he'll close it without paying. Actually, I think it's obvious that he has been trading whilst insolvent, but I do not know what further powers (as a Creditor) I have to prove/charge him as personally liable. Was I wrong to name him as a Defendant in the first place? The claim covers the basic facts, but I am concerned because of the preconceived response to Director's liability in these situations. I don't want to waste the Court's time, but I do want to submit as much documentary evidence as possible for the Judgement. Is anyone able to offer any further advice? Many thanks in advance for your help.
  9. Hi, I have a CCJ registered with a final charging order dated 8/6/07 on my property. The company appears to have been dissolved 7/11/09 from info online. I have never had any other payment plan in place with them or correspondence. How can I get this removed as I wish to sell the property in the near future? Thanks
  10. Hello I am trying to work out if I may have a CGT liability coming up upon selling my house. I bought the property 15 years ago. Renovated for 2 years. Rented the whole house out for next 1 year. Then lived in it for 1 year. Since then, 9 years, I have either done short rents - anything from a few weeks up to 6m - and around that rented rooms whilst living in it. I have filed Self Assessment tax returns each year, including either Rent a Room page or the Land & Property page with the property income, less expenses and relevant % deduction of the interest only mortgage for my benefit of living in the property. It is the only property I own. When I rented the whole house out it tended to be around holiday time and if longer we stayed in a friend's place for free. The property was also bought on a short lease. After 14m of negotiations I have just finalised terms to buy the freehold. It is now my intention to sell the property. But I am nervous if I may have a CGT liability. The value on the short lease is low. The value on the new freehold is very high. There is a huge difference in the value of the property now compared to 15 years ago. I aim to sell it on the freehold / high value rate. As the property is my only property / sole residence will I have a CGT liability? And if so, how would I work it out - on the short lease value? or on the long lease / freehold value? Also - for how long - without any rentals - would I have to reside in the property to not incur any CGT liability? Or am I not due any CGT anyway as it is my only property? Would be most grateful for advice. Many thanks HP
  11. Hi all, Wondering if anyone can offer advice on an open small claims I have currently against a sole trader. The defendant has not filed a defence on a small claims issued against them even though it has nearly been 14 days. It has surprised me as they were so adamant they were right during our dispute. It has led me to think that perhaps I have not filled out the claim form correctly with the trading name possibly being incorrect. From their website they have a few different names listed, one for correspondence and one for their retail shop. There is also a third name which just appears on a few of their web pages. The dispute is over an order made over the phone using their website as reference. Their correspondence name had headed Great Asian Gifts and Souvenirs followed by a residential address, presumably their home address. Their shop is called Great Asian Memories followed by their shop address. The third reads Great Asian Memories and Gifts. (The actual names are rather more distinctive but similar to this). I put Mrs Ann Smith trading as Great Asian Gifts and Souvenirs, however I possibly should of put trading as the retail shop name as that is who the order was placed with. I did make a note of the retail shop name in the POC if that makes any difference. The pre action protocol letter was sent to the correspondence name and residential address which they acknowledged as receiving so I would be surprised if they could say they never received it. However could the claim be struck out since the trading name I put may not be the correct one (it may not even exist) even though the named individual is correct as is their home address? An annoying technicality if so but my fault which is fair enough. Do you think it is likely they're just going to leave it till the last minute in the process, whenever that may be, to mention this? Since the claim is fairly small, would it be best to just start over again if this happens? Grateful for any advice.
  12. Hi I am a sole trader. We took a water cooler on a trial basis last year and began getting fortnightly water bottle deliveries. In August, deliveries stopped and we recived an invoice for a rental and sanitization charge (which was being billed in advance) To date, no-one has been to do this. We asked them to collect the cooler and cancel our contract - What we didn't know was that we were in a 5 year contract!!!!!!!! It turns out that an ex-receptionist signed the agreement which is in my name - surely this is not legally binding as I'm a sole trader? Can anyone advise? thanks! Craig
  13. Hi all, I bought a pair of trainers off Sole Heaven via their online store with a discount code through my debit card on paypal. However I would like to return them, I went to speak with the sales assistant via phone regarding processing the return to be referred to this on their website: "DISCOUNT CODES If you have used a discount code on your order all sales are final. We do not accept any exchange or refund on items relating to that order. Please refer to specific terms relating to each individual code." Is this definitely 100%? I ask because of distance selling regulations and things relating to that. If it is right I will let it go and will sell them via ebay, however this is the first time i've come across a refund policy like this. Thanks in advance
  14. Hello, I was recently forced into unemployment. I currently receive child tax credit for my daughter and jobseekers allowance. I intend to go self employed as I start work for 12 hours a week next week as a counsellor, I am paid as a consultant. I may only invoice for 12 hours but will probably put in about 20 a week. My question is if I tell tax credits that I do 20 hours a week will I receive working tax credit? I can only really prove that I do 12 but know I will put in alot more. I also know that as a single dad I need to work 16 hours a week to claim wtc. How much proof do they need? I'm worried.
  15. Hi, I've got following situation. I have personal bank account with NatWest since 2001 and business bank account since 2002 (sole trader business account). Been sole trade since 2002 but in 2007 incorporated limited company and opened another business bank account for the ltd. The sole trader and ltd have been operating in parallel for 2-3 year and then all fixed assets and liabilities of sole trader have been transferred to the ltd. The sole trader got a substantial overdraft facilities which have been paid by the ltd since the merger. NatWest approached me by requesting a repayment of the overdraft in full. I replied that I can't afford but I'm happy to convert the overdraft into a business loan. They said OK but the consolidation loan has to be a personal loan, not business. As it is a business liability, I have provided all evidence like annual accounts for the sole trader, for the ltd and for the use of the overdraft NatWest is refusing to discuss conversion of the overdraft into business loan. The only option they offer me is a personal loan on the basis it was given to a sole trader. Any thoughts and suggestions how to deal with NatWest in this case will be much appreciated. Thank you
  16. I’m a Sole Trader who works from home. I was recently contacted by a company by phone that offer a web based networking service, it sounded interesting so I agreed to meet one of their representatives at a Costa in the City Centre. He told me of all of the benefits that being a member of the site would give me. He told me that he was giving me the best possible deal along with... they were a company that could be trusted etc. etc. I signed up for the service. When I returned home and went onto the website I realised that they were charging me an extra £80.00 more than everybody else. I called the rep and told him about this he said that he wasn’t aware of the price on the website and that if that was the case then he would match that price. I felt as if they were trying to con me and the only reason they were going to match that price is because I had seen it on their website. The reps boss then called me the next day and was, I felt, quite rude and threatening saying that I had to pay the money otherwise he would start issuing court proceedings. I mentioned to him that I have a cooling off period and I was letting him know that I wished to cancel the agreement. He told me that I didn’t have a cooling off period and that I would have to pay. I emailed them saying I was cancelling. About two days later the rep called me and said that he was sorry about all that had happened and told me to tear up the contract. He said that he only wanted customers that trusted him 100%. About a week after that I received a letter from a solicitor saying that I had signed the agreement on the 28th of November and that I would have to pay £276.00 +VAT by the 18th of December or they will take me to court. As a sole trader do I not have a cooling off period? Does the fact that he didn’t offer me the best deal make a difference? Do I have to pay for a service that I haven’t had? Any help would be appreciated.
  17. A browse on Companies House shows CIVEA to have been struck off on 18th September 2012 for failing to provide accounts? does this mean the bailiff bonds they used to underwrite and the input to the MoJ is now carried out by a sole trader? Anyone got thoughts on this? WD
  18. Hi My girlfriend and I live 170 miles away from each other, and both have our own rented accommodation on which we pay council tax and claim our sole occupancy (single persons discount) for each property. Recently, due to my office being closer to my girlfriends house, I am spending around 4-5 days a week at her house whilst at work through the week, and some weekends, and returning to my home for a couple of days. She has just received a letter asking her to confirm that she is still a single occupant. Are we still technically single occupants in our newer situation, as we both pay council tax on our own properties? Thanks
  19. I've just registered to this excellent forum, and am hopeful somebody can shed some light on my situation - grateful for all comments thanks. I have an ongoing legal dispute whereby I'm the sole legal owner of a property (clearly proven through the timing of the purchase), and after accepting an amount of money from a family member in exchange for a licence ( giving them the right to occupy, similar to a lodger), that person is now claiming a beneficial interest, claiming the money they paid and I accepted was a direct contribution to the purchase of the property. They are refusing to leave the property unless they get a certain sum of money. The legal dispute is very stressful, and as my legal costs are already £15k+, I'm looking into settling to get this person out of my property. I do not want to sell the property, as my age and circumstances would not allow me to get another mortgage. I have looked into releasing equity from the property, before I might eventually have to sell (am in the process of issuing court proceedings - ToLATA claim). To raise the money, my credit rating must be good so I've checked with the relevant credit rating agencies, and have discovered that the family member has removed my name from the electoral roll (I am not staying in property due to their violence, although I'm the sole legal owner), and this is a big black mark on my credit score. Does anybody know if, as the sole legal owner but staying away due to the violence of the family member, if I can still register the property as my main address and therefore again be seen as being on the electoral roll (was registered there for previous 6 years before choosing to leave for own safety)? Thanks.
  20. Hi All I am new to this site as I am urgently seek advice on a purchase I have just made on preloved. I am a sole trader who sells wedding dresses online. I have customers who buy in bulk from me so I source preloved/sample gowns to sell on to them. I recently purchased 40 wedding dresses from a lady on the preloved site and asked that all the dresses were modern styles and she confirmed and advised most were designer (which you would assume to be more expensive looking). When the dresses arrived, few are designer and they are all cheap looking and really awful. I contacted her straight away to request a return and she is refusing to take them back. I paid with paypal and have submitted a claim but am concerned I won't get a refund as she is claiming to have sought legal advice who have stated I have been dishonest and never told her I was a business (sole trader) and that this is a case of buyers remorse. Am I covered under the distance selling regulations as I am a sole trader or any consumer act please? Any advice would be gratefully received please. Thanks so much jet2610
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