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    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
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LG 42" Plasma and CURRYS attitude


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Bought a LG 42" Plasma from CURRYS 24th March 2007.

 

In the summer I noticed a Bright Green Flashing Pixel at about the 2 o'clock position and towards the central area of the screen, it was holiday time and we were away for the summer.

 

On my return I contacted the 'Tech Guys' about the problem - the TV was now 23 weeks old.

 

The 'Tech Guy' on the end of the phone was pleasant and assured me that it needed a replacement PCB, this would cure the problem and they could send someone out in 7 days as they have the part. I tried to tell him that it was a faulty panel (I am an Electronics Engineer), but he assured me that the PCB would fix it. I said ok.

 

2 Engineers turn up with a replacement PCB, as they said they would, took one look at the TV and said, "Its the panel Sir" ...... "but, the pixel is right on the borderline of the area we can replace" ..... "not sure what to do, could send it into the workshops, but it will be away for up to 28 days and then it may come back as it is, I would advise against that" ...... "I would take it back to the shop where you bought it, or contact the Manager, he may help you" - off they go.

 

Rang the shop Manager ...... he took my details and said he would ring back, he did saying, "Sorry Sir, it would appear as if the TV is within Manufacturers Tolerances, I'm not going to offer anything - yes, it has a fault, but we don't think it is unacceptable"

 

Letter to MD of CURRYS.

 

Another 2 Engineers come out to have a look, they hold a picture of a rectangle within a rectangle - "as it is a Green flashing pixel, Sir, and is the most annoying pixel fault you have have - we only require that ONE SINGLE Pixel falls within this area" pointing to the inner rectangle drawing.

 

He looks at the pixel position and back at his sheet of paper and back at the flashing green pixel again ...... "It looks like it is right on the borderline Sir, not sure what to do" - "If I measure from the panel edge then the pixel falls within the unacceptable area, if I measure from the visible edge it just falls outside - one position and you get a new TV, the other you don't get anything!" ..... "I cannot make a judgement, I'll ring the workshops".

 

He rings the workshops, who amazingly, also do NOT know where to take the measurement from!! - So? Why have a measurement if no-one knows how to use it!

 

In desperation he says, "I can get it taken into the workshops and you can hope that they will think it is within the replacement area - but, it may be away for 28 days and after that time it may return not fixed ... and Sir, may be scratched and chipped after being thrown about the workshop - I will offer you that option because it's all I can do"

 

I declined to lose the TV for 28 days with no guarantee that the fault would be fixed.

 

Another letter to CURRYS rejecting the TV, response was ..... 'We offered to take the TV in for assessment and you refused, there is nothing else we can do'

 

No repair has been carried out - just 4 Engineers looking at it.

 

What CAN I do?

 

Thanks for reading this far, you deserve a medal - if you can help, please give me some guidance.

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Im assuming that you have expired the 30 days

By law the Shop must take mack the TV withing the 30 even if there is no fualt.

I think you should have taken it to the shop straight away.

I know for a fact that people send back LCD's for just one dead pixel, and get a new one.

I do not know what you can do now, but im sure someone with more knowledge than me can advise you on how to claim that your TV was damaged within the 30 days and claimed to return it or requested a replacement.

anyway most electrical goods come with a 12 months guarantee, which means you still can pursue to replace the TV given the fact that you still hold the receipt and papers.

It might be difficult with currys but you have to push for it, i have managed to get goods replaced within its 12 months guarantee from other shops but was paid in lifetime vouchers :(.

Remember keep pushing.

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By law the Shop must take mack the TV withing the 30 even if there is no fualt.

 

I should be grateful if you would quote the source of this new consumer law please.

 

 

I do not know what you can do now, but im sure someone with more knowledge than me can advise you on how to claim that your TV was damaged within the 30 days and claimed to return it or requested a replacement.

 

I don't know where you are getting 30 days from? Curry's have a 28 day return policy, but that is additional to any rights in law.

 

What applies here is the Sale of Goods Act. This entitles you to repair/replacement or refund (at the retailers choice) for faulty goods. Up to 6 months from the date of purchase, SoGA (ie the law) maintains that the fault was there at the time of purchase - unless the retailer can prove otherwise. Afetr 6 months, this burden of proof reverses.

 

anyway most electrical goods come with a 12 months guarantee, which means you still can pursue to replace the TV given the fact that you still hold the receipt and papers.

 

Any manufacturer warranty is additional to your statutory rights. Most allow replacement or repair. However, you should be wary of dealing directly with the manufacturer; if they replace the item, you may lose your SoGA rights against the retailer as the item in your possession after replacement is not the one you purchased.

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A dead/flashing pixel does not indicate a fault, there are some standards tvs have to meet. Engineers are trying to indicate if it comes under that standard or not.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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someone with more knowledge than me can advise you on how to claim that your TV was damaged within the 30 days

 

Apart from the arbitrary, plucked-out-of-nowhere 30 days, what you are suggesting seems to be to commit fraud, and will get you kicked off this website.

-----

Click the scales if I've been useful! :)

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Im assuming that you have expired the 30 days

By law the Shop must take mack the TV withing the 30 even if there is no fualt.

I think you should have taken it to the shop straight away.

I know for a fact that people send back LCD's for just one dead pixel, and get a new one.

I do not know what you can do now, but im sure someone with more knowledge than me can advise you on how to claim that your TV was damaged within the 30 days and claimed to return it or requested a replacement.

anyway most electrical goods come with a 12 months guarantee, which means you still can pursue to replace the TV given the fact that you still hold the receipt and papers.

It might be difficult with currys but you have to push for it, i have managed to get goods replaced within its 12 months guarantee from other shops but was paid in lifetime vouchers :(.

Remember keep pushing.

I do wish people would not comment on something they know sod all about!!! :evil:

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Hi

 

Someone correct me if i am wrong but under the Sale of Goods dont they have to provide you with a replacement while yours is being fixed???

 

And does the Sale of Goods Act apply if you bought it on credit ???

 

PLEASE CORRECT ME IF I AM WRONG

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Hi

 

Someone correct me if i am wrong but under the Sale of Goods dont they have to provide you with a replacement while yours is being fixed???

 

And does the Sale of Goods Act apply if you bought it on credit ???

 

PLEASE CORRECT ME IF I AM WRONG

LOL i shouldnt really comment on this after my previous post as i dont know the definitive answer

The sale of goods act applies however you pay as i understand it, cash or credit

I dont think 'they' have any legal obligation to provide a replacement, i believe its discretionary

Although some repairers will provide you with a replacement set if requested, but it may not be of the same spec as your original

HTH :)

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A dead/flashing pixel does not indicate a fault, there are some standards tvs have to meet. Engineers are trying to indicate if it comes under that standard or not.

 

Thank you all for your inputs, I appreciate every attempt to help me.

 

I would like to know where it says that a Flashing Bright Green Pixel does not indicate a fault? Surely, it would come under minor defect (although it's major to me, the customer!) under the SoG Act? What about appearance and finish? The appearance of the picture is affected? as is the finish?

 

What CURRYS seem to be arguing, and their Engineers say this, that the pixel is a fraction outside of an area and is therefore acceptable - amazingly, if the pixel was 5mm further towards the centre of the screen then it would be replaced with a new TV - as it would be a clear cut case!! ....... The 4 Engineers all said that they couldn't live with it, but they have to tell me that I have to! They were genuinely upset that they couldn't help me.

 

They said it is annoying that, on their report, they have a very small area to write a conclusion. They would like more space to fully explain that is is an exceptional case. A dead black pixel is one thing - a Flashing Bright Green Pixel is quite another ........ it's like a lighthouse!

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There is a standard for dead pixels and if a dead pixels is outside the area then they probably will not do anything as the set is within the manufacturer's spec.

 

However, you have a flashing pixel, which is a whole different ball-game (as the eye is naturally drawn to this).

 

A flashing pixel anywhere on the screen detracts for the use and enjoyment of the TV and is a fault.

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Hi

 

Can someone explain the difference between the Sale of Goods Act and the Supply of Goods Act ??

 

The answer really is in the title. The first applies where there is a money consideration (where you have used cash). The second applies for other situations where you "buy" the item but not for cash. This would be, for example, where a free gift is given on a purchase, tokens are used or part exchanges.

 

It is there to cover that which is not covered by SoGA, but here is other legislation covering hire purchases and the like.

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Just had an e-mail from CURRYS ...... I asked them what the Manufacturing Spec was for a Plasma TV from LG.

 

This is the answer:-

 

"Please see the table below which sets out acceptable levels of

 

pixel failure according to Intrenational Standard shown.

 

However, I understand that the colour and screen position of

has some bearing on the issue. I hope that you find this table useful

 

If you require any further assistance may I suggest that you contact

LG direct on telephone number 08706075544 or our own Tech Guys

on 08706070793.

 

If you require any further assistance please do not hesitate

to email us.

 

Kind regards

 

Currys Support

 

 

 

 

 

Standards for TFT Pixel Failures To regulate the acceptability of defects and to protect the customer, DSGi follows the International Standard (ISO 13406-2) that regulates the manufacture of these products. The table below shows the allowable number of malfunctioning pixels that are acceptable within this stringent standard. Depending on the native resolution of the TFT the total number of allowable malfunctioning pixels changes, however the number of malfunctioning pixels per million pixels remains the same at 2 malfunctioning pixels per million visible pixels.

----------------------------------------------------------------------

Can this International Standard be used to over-ride my Statutory Rights?

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Someone, somewhere, at sometime, must have taken a Small Claim through the Courts with regards to a faulty Pixel ..... surely?

 

How would I find such a case and how it was resolved? Please tell me I'm not going to be the first! Ha Ha .......... I don't mind, I love Courts - been plenty of times.

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I have spoken to Consumer Direct - they say that CURRYS are attempting to restrict my rights under the SoG Act ....... they say take out a Summons as CURRYS have had many chances to resolve the issue.

 

But they are not the ones who will be liable to costs if I lose!!

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The only 'costs' you should be liable for if you lose are the costs incurred by you in filing with Small Claims. In the SCC you are not liable for the other side's legal costs, as a rule. If you win, then you include those filing costs as part of your judgement.

-----

Click the scales if I've been useful! :)

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also to note if there are any inspections or independant reports made and you lose then you will have to pay those charges too.

 

and the consumers direct would not say what they said if they knew the full story. the consumers direct operator i called is fully aware of the industry standard for pixel issues.

 

they know that a single irritating pixel is not classed as a fault. just an inconvenience.

 

on a big 40" tv with a single pixel missing is similar as having a pin head sized chip on the windscreen of a arctic lorry.

 

it does not mean that the whole lorry should be refunded or classed as faulty. you can still watch tv on it.

 

currys offered you a repair which you turned down.

 

within SOGA you HAVE TO allow them access to remedy the solution. id love to see how ull word this one in court.

 

rather then waste time in court call techguys up again and ask them to deal with it.

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similar as having a pin head sized chip on the windscreen of a arctic lorry.

 

 

Brilliant fred - wish I had thought of that.

 

Ok guys freds cracked it. Don't bother with Currys any longer, your obviously wasting your time.

Go to Autowindscreens - there will be a branch near you - they will sort it, and I believe they offer a 24 hour service.

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fred2009 - if you read the thread you will see that CURRYS have NOT offered a repair at all!!

 

And the Pixel Issue seems to relate to a dead pixel - certainly not one flashing away like Beachy Head Lighthouse!

 

Remember that CURRYS say they would have replaced the TV had the pixel been a few millimetres removed from where it is ...... therefore, according to them, a flashing bright green pixel IS a fault!

 

It is simply the position of the fault which they are claiming means that it is an acceptable fault - note that EVERYONE accepts that there IS a fault!

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  • 2 weeks later...

UPDATE - CURRYS have now told me to go to court if I wish to!

 

I have seen that this is their common tactic - make the customer as miserable and unhappy as possible, then only settle if they raise a summons!

 

CURRYS are an absolute disgrace!!

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  • 1 month later...
Guest Old_andrew2018

Hi

I wonder if you have sent a letter refering to the sale of goods act 1979 as amended, in addition contact your local trading standards you can find them on your local authority web pages many will take up a case if the retailer is breaking the law.

The problem with most large companies is they only expect a percentage of claimants to take action.

Don't forget Currys sold you the TV therefore they are responsible often a company will advise contcting the manufacturer.

Currys are responsible and they know it.

why not follow this link BBC - Consumer - TV and radio - Be on Don't Get Done, Get Dom

there may be a link to don,t get done get dom.

Dominic Littejohn took on PC WORLD regarding a lap top which they claimed was out of Warrenty

I think they are planning more episode may be they would include your comlpaint, mailto:[email protected] if not you might find

usful info

PM me if you want information about web sites I found usful, some with links to letters of complaint.

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