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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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Essydyk

Currys Phantom Repairs

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Hiya folks, I am having a total nightmare with Currys/The Tech Guys.

 

I bought a Samsung Plasma online and had it delivered on 16th January 2010, shortly after that I noticed a fault when the TV was displaying 50hz signals it would flicker badly (only in certain scenarios - mainly in darker scenes). Looking online at Avforums.com I noticed that lots of people who had bought this tv had the same fault and Samsung had admitted couldn't be fixed (most folks were getting a refund/exchange at their retailers). So I thought I would contact Currys and they would replace/refund the TV without too much hassle ... well how wrong was I!!

 

They first took the TV away for repair in April and replaced a mainboard and psu - but that didn't fix it, so they took it away again another 3 times - but surprise, surprise it still had the same fault. Currys then put me on to Samsung and they sent an engineer out - firstly he updated the firmware (no change) and then on the second call out he changed the mainboard again (still no joy). He concluded that it couldn't be fixed and Samsung as much as admitted this when they told me that it was because it was a lower range model (£600) it didn't have the relevant motion compensation, but directed me back to Currys as they would deal with the warranty/refund.

 

So back to Currys for repairs 5 and 6 - I included the Samsung Engineers report which they mysteriously lost so got another two copies and sent the report out to their Customer Service Department detailing the fault and after 11 days it seems I will just have to wait until the correspondence team get back to me.:-x

 

So after 9 months and the TV being taken away 6 times by Currys I am no further forward and feel terrible the way Currys have treated me - I have displayed the fault to the Tech Guys and sent dvd's with notes on how to reproduce the fault - but each time it keeps coming back to me claiming to be fixed when nothing has been done.

 

If Currys do not admit the fault this time and give me a full refund I am going to contact the CEO via email but any advice in the meantime whilst I wait for them to get back to me??

 

Sorry for the rant folks, but I don't think I have ever been treated so badly in my life.

Esther

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Hello,

 

Have you been into your local currys store?

 

They should be able to organise an exchange. As a company we have 28 days to fix your product if we can't we can offer you an exchange.

 

It seems this has went on far to long. Since the 1st repair was within the 1st year and has been the same fault since the exchange shouldn't be an issue.

 

Chris

The Tech Guys

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Hi Chris, thanks for the reply!!

 

Unfortunately that seems to be the major problem - I bought the TV online if it had been done instore I would have got the refund a long time ago.

 

So basically it seems to be up to The Tech Guys to test it and find the fault which they seem unable to be able to do - despite them admitting it must be faulty or they wouldn't have attempted to replace the mainboard and psu originally.

 

6 attempts at it and 9 months is not acceptable in any business though I think you would agree ...:mad2:

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You should send then a recorded delivery letter stating that the law requires that any repair must be carried out within a reasonable time, usually 28 days.

You have had this tv for 10 months and that is far in excess of reasonable.

I now give you notice that you have 14 days in which to make a satisfactory repair or to replace and return it to me or to refund the complete purchase price including postage cost.

Failure to keep to this timescale will result in legal action being taken by me without further notice.

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