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Found 18 results

  1. 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.
  2. Synopsis Public Sector temporary employee suffered loss of income due to Sector restructure. Background Lloyds loan taken out November 2008 for £7.5k for 7 years. Failed to make repayments from January 2011. Default August 2011. The debt has been round the usual houses: SCM -> MHA -> Moorcroft-> Iqor-> Robinson Way->Horwich Farrelly->MacKenzie Hall->Arrow Global Ltd->Debt Managers-> Rockwell-> Moorcroft-> Westcot->Arrow Global Ltd/Restons. No communication entered into with any. Claim On 8th May 2017 Arrow Global Ltd issued N1 against me through Northampton. Particulars The Claimant claims payment of the ovedue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Nov xx 2008 and assigned to the Claimant on Nov xx 2013 Particulars a/c no – xxxxxxxxxxxx Date Item Value xx/03/2017 Default Balance xxxx.xx Post Refrl Cr NIL TOTAL xxxx.xx • 10th May 2017 AOS submitted • 12th May 2017 unsigned request pursuant to s.77 of CCA 1974 sent by recorded delivery including £1.00 postal order sent to Arrow Global Limited. • 24th May 2017 reply received (letter dated 22nd May 2017)…acknowledged request for documentation “We do not accept we are the creditor as envisaged by the above statute” (CCA1974). “However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. Please find enclosed your £1.00 fee. Yours sincerely Arrow Global.” Am seeking most pertinent verbiage to defend above. Many thanks for all of your help R
  3. I have a dispute with Plusnet , going back to Nov 2015. The complaint has been very drawn out by them and focusing on the wrong thing. A breech of contract occurred by them but they focused on cancellation charges. As of 17 March 2016 this is now under adjudication by CISAS. (ombudsman) However the process ended abruptly. Going from "we are sorry its taken so long" (22/2/16) then a few weeks later "we have passed your debt to a collection agency" and added 25% to alleged bill (5/3/16) which prompted me to prepare a claim to CISAS. The wording from the agency letter 24th March "we have been instructed by BT Plusnet to collect the above outstanding amount" My confusion arises from the payment options of the agency all of which appear to point to them as receiver of money except the cheque option which is made payable to BT Plusnet. Plusnet themselves has refused contact mail/phone directly after the sending of the debt agency notification letter. I have not made further attempts to contact Plusnet while CISAS is investigating. To me it sounds like the alleged debt has been sold on but the wording and BT Plusnet been listed as Payee seems to contradict that. I am unsure of the best action, should I forgo the usual route and just inform the agency that the matter is under investigation by the Ombudsman ? Any advice welcome, my knowledge of law is minimal.
  4. hi, (back from a while ago) One of my creditors has offered a settlement figure, which is within my reach. (done all the CCA stuff, etc, as per earlier advice) The letter I received seems quite generic in its wording. Is there a specific wording I should look for / ask for? If I pay the smaller amount, can they still sell on the remainder to another company? What wording should I ask for, to ensure the settlement means no further sums are due, to them, or anyone else? thanks. (for info, a debt of 4400: offer 1200 accepted)
  5. Hi All, Apologies if this sounds like a daft question but should a NOA contain certain wording to be valid? The sentence I am interested in is as follows: 'has assigned all of its respective rights, title and interest of the above referenced account including the outstanding balance to....' Thanks.
  6. Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed for, to the dca but just need to word it. Can anyone assist. I've spent the afternoon trawling through CAG and 'tinternet and can't find any examples. Boris Beaver
  7. Guys, a family member has a problem with an adult child taking out credit in the family home where she no longer resides and hasn't done so for some months. I advised them to go to a solicitor and 'do a swear' to get some official documents to give to bailiffs, debt collectors etc should they get doorstepped. They went to two solicitors in the local high street who both said that they would need to be given the wording for the swear rather than write it for them. I think it just needs to say something like 'this is a declaration that xxx xxx does not reside at this address' or this is a declaration that xxx xxx has not lived at this address since October 2014' Any ideas on what the swear needs to say please?
  8. can i check if this is sufficiant wording or if i would need to change it You can respond to this letter on the above address, I have asked Mr XXX to countersign this letter, this signature confirms that I have his full confidence and authority to act on his behalf, including the rights to bring court action in my own name on his behalf, and the right to represent him in court if necessary.
  9. Good morning please could anyone offer at advice on a clause within a fixed sum credit agreement which reads "we may from time to time increase or reduce rate of interest after giving 30 days notice both as a result in interest rate changes which applicable to all borrowers. We may vary the rate due to changes in our underlying fund or input costs. Variations in the rate of interest under this agreement are not in line or linked to variations in BOE base rate" Is this very dangerous ground ?? I thought fixed sum meant just that? Any advice would be appreciated. Many thanks Hayley
  10. I had an insurance repair job done on my car late 2012. I have made several visits to the garage to complain about the work. They made some alterations. During February of this year I called an assessor out to check the work who wrote to me saying the paint did not match and the work was shoddy. I took 5 quotes and chose a repair at £350 to make the paint match better. Although I do not have a case against the insurer because I CHOSE the repairer, I think I have a claim against the repairer under the sale of goods act. I want to write a nice letter explaining that I gave them lots of insurance jobs and my own cash jobs in goodwill, but this one has gone bad and that I want them to write me a cheque. They are a small company, bunch of ruff tattoo types who like to fight and run a down beat backstreet shop... I am actually worried they might come and destroy my car...>!!!!!
  11. Hi all If the first you knew of any bailiff action was finding the following on your doormat (capitals/bolding/underlining all original), no bell having been rung.......... "I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt and any additional ENFORCEMENT COSTS incurred. PLEASE NOTE - No further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY. "I will re-attend at your address at my convenience and may REMOVE goods even in your absence." would this fall foul of law/guidance in terms of a) not offering the option of some sort of payment plan and b), that last sentence about removing goods in your absence - isn't that misrepresentation? I believe, but am happy to be corrected, that they can't remove goods in your absence and especially if they don't have a signed Form 7? Thanks all
  12. Hi all, I have recently had a great time in the lake district, now about a fortnight later I have had a parking charge from parking eye for a car park in Hawkshead. Through the holiday we used many car parks including the one in Hawkshead twice. So of course we had a ticket for every car park visited. surly they should provide a photograph of my car with no ticket. Of course I didn't keep the ticket, I have been driving for forty odd years and have never ever kept tickets. Comments/advise please.
  13. Hi No doubt, lots of people will be aware of the total mess NRAM has caused with regards to the wording in their statement regarding the repayment of interest on loans under £25k. If not, here is an article... http://www.guardian.co.uk/business/2012/dec/11/northern-rock-loan-blunder-270-million-pounds I am myself affected by this "mistake", which basically means that I have paid more money to NRAM than they are legally due. Now according to the wording in the letter received, NRAM will not be paying cash refunds. Instead they will be amending the amount owed on the Loan. I for one, am not happy about this. If I have overpaid NRAM any amount of money that they are not due, then I, like other should be entitled to receiving this money in full to spend any way in which I see fit. This is legally my money and NRAM had no right to take this from me. This money could have been distributed elsewhere and I feel that I, or rather everyone affected should have this money refunded in full and not just "redressed" to their account. If anyone can offer any advice on the legality of this I would be very grateful. The fact that NRAM has taken money which they are not legally due to them should be enough to justify a cash refund. Remember not so long ago the drama regarding Energy Companies withholding Customers credit? Same thing, is it not? Also, to clarify, this is my current standing with NRAM. - Together Mortgage taken out Pre-April 2007 - Unsecured Loan part of Mortgage under £25k - Currently up to date with all payments, no arrears, never missed a payment! Any thoughts or people in the same boat, would like to know your thoughts.
  14. Hi all, I've been reading this forum for a while now and finally decided to register. I'm very impressed with the advice offered here and I'm hoping I can get a little too with some PPI Claims. I'm an Engineer by trade and hopeless at writing letters, I'm hoping somebody could proof read my words before I send them off. Would this be OK? As the title says, I think I have grounds for three separate claims, should I ask for advice using three new posts or should I lump it all in here first? I'm really hoping somebody can assist, both with the wording and also to confirm that I have valid cases.
  15. Hope someone can help with this problem- i moved into the property 1/1/2006 but the tenancy was renewed every january after that so should have been protected firstly a bit of background i moved out after the bombshell of my landlord wanting to sell the house- thanks to the advise on another forum the landlord agreed to a mutual termination. there was no inventory or pre-move in check on taking out the rental agreement 7 years ago & i moved out reasonably smoothly, had a company come & clear rubbish from the garage & garden, scrubbed the house from top to bottom including oven etc.. the only room i left to someone else was the loft room as i was not able to access it due o mobility issues. the landlord failed to turn up on 2 occassions for a inspection so i drafted up a check list with all details of each room- changes made/not made etc.. posted this with the keys to the landlord- he called me 2 days later complaining about me not returning his chubb lock keys well in the 7 years i lived there i never had such keys- i'd left 2 beds there as was there when i moved in (much too my inconvinience as i had no bed too sleep on for 2 weeks) he complained about this & told me he would check his inventory- the only issue i agreed with was that the loft had not been cleared out (much to my annoyance) I offered immediately to collect a key from him to arrange clearance he said not to worry he would do it. he still had not returned my deposit with any deductions or even acknowledged it so i sent him a further letter requesting its return- i have now recieved on the 6th Sept a letter stating that the house is in a poor state of cleanliness- and that he will be sending me a bill for full costs of cleaning etc.once he has recieved quotations.. Im slightly miffed by this as the house is now for sale listed in the local papers with pictures of these dirty rooms, encourageing viewings ASAP how can he be so in need of cleaning etc if he has people viewing it??? could i use the advert in the paper in a case at small claims as i think he is going to do all he can to avoid paying any of my deposit back- as an aside the deposit was not protected, when it should have been.- i have looked at the shelter but there is only advice on the n208 form- i think i need the n1 form but dont know if this wording would be suitable i also have no idea how to work out the interest for the deposit. any advice greatly recieved. The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £575 required by the tenancy agreement dated 1/1/2007 in respect of the premises at XXXXXX made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004). And the Claimant asks that the court make an order: 1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004. 2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004. 3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from of £__ [worked out using the court's interest rate calculator on their website], and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______ [worked out using the court's interest rate calculator on their website] The Claimant is therefore seeking payment of £______ [four times the amount of the Deposit], plus the court fee and interest.
  16. dg soli have agreed a settlement of 25%,,, im on token payment, ,no assects so still best 4 them at 25% from 3dr party, ,,but grt 4 me to be rid,, they say there letter will say ,,,they accept £,,,, in settlement of above a/c.....,, does not say full nor partial ,,,they say once settled credit file will show partal settlement with balance at 0,, im thinking the word settlement will be ok,,as that implys the a/c is settled,, your views please,,, has any1 else done f/f with dg, ,,,,,was there wording same???? thks all 4 your antisipated views n help:|
  17. Hey one and all im hoping you can help me with a situation i have found myself in. Yesterday i was given a parking fine for a code 25 "parked in a loading place during restricted hours without loading". I feel i have grounds to appeal on several accounts :- 1 the signage was posted far away from the bays in question 2 the sign (the only one i eventually saw turned out to be the only one around the area) was facing aaway from the flow of traffic on a one way street. 3 the "restricted hours are monday to saturday 10.30am - 4.30pm and my ticket was issued at 7.40pm so not within restricted times 4 after reading around some sites i could be allowed to load/unload up to 20 minutes i was "observed" for 5 5 the nature of my unloading was to supply a public house with £200 worth of change and getting £200 in different note dividends back (i work in retail that was the only nearby retail outlet able to supply such change and we needed to make sure that neither me or the public house had miscounted etc) Im going to take pics of the road sign tomorrow i just thought id ask for all of your opinions/guidance in writing my appeal Thankyou
  18. Hi, I owed some mortgage arrears, but have now paid them off (Woo Hoo !!!), but only after the mortgage company had taken me to court. However, the case was adjourned until July and now I want them to stop the case completely. My question is what should I ask for written confirmation of from the mortgage company? - withdrawl of the case - or stopping of the case - or for the case to be stayed / struck of? i.e. if I ever get into arrears again, I want them to have to start the whole procedure from the beginning, not merely re-activate a case against me that they had somehow suspended. The exact wording of a request would be great. Thanks
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