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    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
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    • Hi J,   You must decide what's your priority - make the gym honour what you were offered originally (perhaps trying to draw you in) ................   ............... or pay what they're now demanding to get the srvice you want.   Surley it's worth a go ?
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    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A are sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner.   It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which the Claimant is fully aware. There is an agreement between the lessors of Area A and the main owner of Area B and it is written in this agreement. This, the  owner of Area B would instruct the Claimant,  not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B wherein they stated clearly that this act was illegal and in breach of the terms of the lease. So, all the Claimant had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.     But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that properly, we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
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      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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White goods warrenty issue


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I've been helping my dad renovate a house for about 2 years now (extension, replumbing, rewiring, etc)

 

He bought the kitchen appliances roughly 18-20 months ago and we only just fitted them two week ago, after 8 days of being connected the microwave (large multifunction unit, cabinet mounted) started to smell of burning and then turned off. The fuse in the plug was intact.

 

He's got no idea where he bought it (he's as organised as me) and he didn't ring up and start the warranty (large sticker on the window of the microwave.

 

My query is, does the warranty start from when you purchase the item, install the item, ring the company? I'm guessing it's from the point of purchase, but would the value of item/expected length of life procedure come into play?

 

It's had less than a fortnights "use", we haven't even used it to warm things up, it's even got the delivery plastic on the front panels still.

 

He's a bit put out, he told me he paid out nearly £600 for it (it's a bleedin microwave for crying out loud, even if it is ever so shiney)

 

Any ideas?

 

Thanks

Steve, xxxxx, UK

 

Barclays

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Nobody got any ideas?

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Consumer goods have to conform to description regardless of a warranty provided by the supplier or manufacturer and the time limit to complain lasts for a minimum of two years throughout the European Union. [Directive 1999/44/EC]

 

A Buyer may require the seller to replace or repair the goods, or if that is impossible a buyer may rescind the contract (get his money back).

 

See Part 5A of the Sale of Goods Act.

 

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In practical terms, your guarantee will start when you can prove purchase. The fact it has sat in a box unused is of no consequence, issues whether the box was mis-stored or mis-handled could be alleged and be difficult to prove. At 18-20 months, it will be assumed that the product has functioned since this date, so a claim of an inherent fault would probably not be entertained, but I'd write to the manufacturer directly, gicing the Model and serial number as they may have identified a manufacturing issue and be pleased to provide a swap.

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Oh dear. You've been purpled. sorry.

 

Ignore the two year thing - that is irrelevant. And also not good UK law.

 

You may have a claim, but you will need to prove the goods were faulty when delivered - this will be hard - and you need to know who you bought it from.

 

If the guarantee from the manufacturer is more than the 20 months you can claim against that. Beyond all that Buz's advice is sound.

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Ignore the two year thing - that is irrelevant. And also not good UK law.

-------

 

Whether or not it is thought to good or bad, the fact of the matter is that The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 specifies the UK Laws intended to give effect to the Community Directive 1999/44/EC:

 

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973[18], sections 13 to 15 and 15B of the Sale of Goods Act 1979(19), sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982(20), and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

 

(ii) Sections 20 and 32 of the Sale of Goods Act 1979(21) (passing of risk and delivery of goods);

 

(iii) Sections 48A to 48F of the Sale of Goods Act 1979(22), and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 1982(23) (additional remedies for consumers);

 

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(24) and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976(25) (consumer guarantees);

 

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977(26) and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

-----------

 

UK laws may provide more by way of protection to the consumer, but not less:

 

1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of the sale of consumer goods and associated guarantees in order to ensure a uniform minimum level of consumer protection in the context of the internal market.
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so, in summary - it is bad law, i.e. the legislation you quoted doesn't apply in the UK, it is made irrelevant by the limitation act.

 

The rest of your cut and pastes are the usual tosh.

 

Dear OP - ignore Perp. He's daft.

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:roll:

 

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

 

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

 

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards)

http://ec.europa.eu/community_law/introduction/what_directive_en.htm

 

 

 

To this end, its Member States cede part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt laws.

 

These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.

http://ec.europa.eu/community_law/introduction/treaty_en.htm

 

Which part of this is so hard to get?

 

"These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities."

 

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But mostly, they are ignored when it is against that countries national policy. It then falls upon the complaininant to fund an action of complaint and seek compliance. Nothing new there. What is, is your slavish belief that it makes one whit of a difference to the man in the street unless other factions see it worthwhile to do so. It would be far better to get us all a written constitution too, so we know where we stand, but that's not goiing to happen any time soon either.

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I don't know. I think you might have been dropped on your head as a child?

 

Fact: the EU regs you ref to give a two year limitation period

 

Fact: the limitation act 1980 gives a 6 year period

 

Fact: you've quoted bad advice.

 

Fact: you've cut and paste stuff you don't understand

 

Fact: you are a bit daft.

 

 

I assumed, based on your obsession with EU law you'd understand the difference between maximum and minimum harmonisation. I guess not. Have you thought about another hobby? I don't think law is working for you. I hear line dancing is popular. The Enterprise Act, and EU Directive 94/4762 specifically allow for it in public areas.

 

to this end, its Member States shall dance, in lines, whence part of their sovereignty ,under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt musically orientated musical movement providing such is not deemed lewd...

 

...These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities, save for Britain's got Talent. The EU also issues non-binding instruments, such as recommendations and opinions (for eg, the well known three buzzes regualtion), as well as rules governing how EU institutions and programmes work, etc.

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