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    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How long must is a fridge freezer covered for under the sales of ggods act?


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Hi All,

 

My Mum bought a new fridge freezer from Curry's in July 06 for £249.95. She does not have extended warranty on it and it has just stopped working, neither the fridge or freezer are getting cold.

 

My question is, who decides whether a product is of satisfactory quality or fit for its purpose and where can we go from here?

 

Thanks in Advance,

 

Twinkle :D

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A reasonable length of time.

 

Sorry, but that's the shor and curlies of it. There is no definition of that, nor could there be really.

 

In terms of who decides what is reasonable, it is the court. You need to get evidence to show that you expected it to last more than 3 years. Price, how described, quality etc will all play a factor. You could also get an independant report, and if you are successful, claim the cost back.

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For something that has worked flawlessly every day for nearly 1000 days, I'm assuming there has been no maintenance in that period? To succeed under SoGA you would have to prove there was an inherent fault with the design or operation of the appliance, and from whay uoi describe this wasn;t an issue.

 

An extended warranty would have provided this peace of mind for an additional fee (up to 5 years) and with hindsight, this might have been a cost-effective option.

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To succeed under SoGA you would have to prove there was an inherent fault with the design or operation of the appliance,

OR that the goods were not of satisfactory quality as regards price paid/brand/life expectancy, which is quite obviously what OP would have to rely on in this instance. :rolleyes:

 

 

An extended warranty would have provided this peace of mind for an additional fee (up to 5 years) and with hindsight, this might have been a cost-effective option.
Thus speaks someone intent on seeing statutory rights eroded further and further. :-(
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An extended warranty would have provided this peace of mind for an additional fee (up to 5 years) and with hindsight, this might have been a cost-effective option.

I've always taken the view that if a retailer or manufacturer is prepared to offer an extended warranty on a product, then by inference, the period of what is the expected reasonable lifetime must be at least equal to - but more likely a lot greater than - the offer of extended warranty.

 

Or to put it another way, the seller is banking on you not claiming from the warranty and hence pocketing the cost of an extended warranty - therefore, in order to offer the extended warranty in the first instance, he must have confidence that the product will outlast his commitment. Simple economics of risk.

 

 
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Thus speaks someone intent on seeing statutory rights eroded further and further. :-(

 

Hmm - that's right, insurance is evil and you should never contemplate it. Do explain how 'statutory rights' are worth a fig if the people invoved in the chain refuse to comply. Tell Trading Standards? Gordon Brown? Kermit the Frog?

 

We lve in an age where we are told we have 'rights' but not the ability to enforce them (except at out own cost). So keep fooling yourself that it amounts to something, because unless you are going to fund it and use it as part of your legal action, it might as well be written on candy floss.

 

Further, whilst I enjoy your ongoing tantrums, general rudeness and the like, I bet you bore the pants off everyone else. :-|

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Hmm - that's right, insurance is evil and you should never contemplate it. Do explain how 'statutory rights' are worth a fig if the people invoved in the chain refuse to comply. Tell Trading Standards? Gordon Brown? Kermit the Frog?

 

We lve in an age where we are told we have 'rights' but not the ability to enforce them (except at out own cost). So keep fooling yourself that it amounts to something, because unless you are going to fund it and use it as part of your legal action, it might as well be written on candy floss.

 

Further, whilst I enjoy your ongoing tantrums, general rudeness and the like, I bet you bore the pants off everyone else. :-|

I'm with Bookworm... if people don't defend their rights, then retailers will continue to ignore them. Which places the power straight at the retailer and not at the consumer, which is in deference of the point of this forum!

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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When an extended warranty can almost double the price of the item it is NOT good value.

 

That argument aside a fridge should last longer than this has & whilst I do think you have case for some compensation you will have to expect that you will not receive full reimbursement as fair wear & tear will be taken into account

 

PS Buzby our fridge/freezer has been working perfectly since 2000 & it ain't an expensive one:p

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I've always taken the view that if a retailer or manufacturer is prepared to offer an extended warranty on a product, then by inference, the period of what is the expected reasonable lifetime must be at least equal to - but more likely a lot greater than - the offer of extended warranty.

 

Or to put it another way, the seller is banking on you not claiming from the warranty and hence pocketing the cost of an extended warranty - therefore, in order to offer the extended warranty in the first instance, he must have confidence that the product will outlast his commitment. Simple economics of risk.

 

 

Quite right they don't offer an extended warranty because they think it will fail they offer an extended warranty because the think it won't which must mean they have determined the life of the fridge to be at least the same if not greater than the term of the warranty

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Thanks for all your replies!

 

A miracle has happened, in frustration my Mum give it a clout on the side (in line with manufacturers guidelines of course! ;)) and it just started working again!!

 

She's going to get someone out to look at it anyway in case it happens again!!

 

Twinkle :D

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Hmm - that's right, insurance is evil and you should never contemplate it. Do explain how 'statutory rights' are worth a fig if the people invoved in the chain refuse to comply. Tell Trading Standards? Gordon Brown? Kermit the Frog?

 

We lve in an age where we are told we have 'rights' but not the ability to enforce them (except at out own cost). So keep fooling yourself that it amounts to something, because unless you are going to fund it and use it as part of your legal action, it might as well be written on candy floss.

Thank you for confirming my earlier comment:Thus speaks someone intent on seeing statutory rights eroded further and further.

 

Further, whilst I enjoy your ongoing tantrums, general rudeness and the like, I bet you bore the pants off everyone else. :-|

Awww bless. :-D

pram.jpg

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Oh FFS.

 

I'm sick and tired of repeating myself about this subject (and I refer to the posts by Buzby, Turtle and Forest).

 

I read a statement during my research for my dissertation, which went:

"Consumer education is largely a wasted effort"

 

I'm beginning to truly believe it. And it faults do not lie with consumers or traders - it's the whole damned bloody system. And trying to explain that, as I have attempted once on this forum to much admonishment, is not a good idea on a forum.

 

I despair.

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Oh FFS.

 

I'm sick and tired of repeating myself about this subject (and I refer to the posts by Buzby, Turtle and Forest).

Bad day gyzmo :?

 

I would love to know exactly what offended you in my post above. In no way did it allude to there being a set or defined reasonable length of time, merely speculated as to what could be used as a guide thus enabling some form of evidence to present to a court.

 

If you were insinuating my support of extended warranties in-lieu of consumer rights, then I am afraid you would be gravely mistaken.

 

I read a statement during my research for my dissertation, which went:

"Consumer education is largely a wasted effort"

If I have missed the point, please 'educate', I for one will listen to your efforts.

 

I'm beginning to truly believe it. And it faults do not lie with consumers or traders - it's the whole damned bloody system. And trying to explain that, as I have attempted once on this forum to much admonishment, is not a good idea on a forum.

 

I despair.

Try not to loose faith. (in the consumer, not the system - thats shot to hell ;))

 

 
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1. consumer education is poor, and a little knowledge can be dangerous. This reflects on companies who often are not trying to avoid rights, they just don't understand them themselves as they are really only consumers themselves.

2. extended warranties are a con.

3. you have excellent rights but it can take time to understand them and substantial effort to claim them.

 

Not sure what the solutions are to 1 & 3.

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1. consumer education is poor, and a little knowledge can be dangerous. This reflects on companies who often are not trying to avoid rights, they just don't understand them themselves as they are really only consumers themselves.

2. extended warranties are a con.

3. you have excellent rights but it can take time to understand them and substantial effort to claim them.

 

Not sure what the solutions are to 1 & 3.

 

Oh so right

 

Though we may try we'll never be able to protect the some I'm afraid cos anyone who today has no inkling of their rights either lives in a cave or is stupid

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2 a con? Never, it is a consimer choice! At least it is being clarified as to what it is, an insurance policy and not an 'extended guarantee'. You work out whether the term offer (deducting the year you get free anyway) and work out if you think the fee to be paid is worth the price. Ofent it isn;t, but with some kit, it can be an excellent hedge against future ails, especially if you have a machine that makes it successfully to the end of its initial coverage without a problem, THEN stat's to exhibit problems.

 

My personal choice is to find out what the policy would cost, and self-insure myself, putting the same amount of money away in a savings account, one that will fund the repairs if and when required. That way, you've got the money to pay for it, and if you don't need to pay out - you're quids in.

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