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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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Van Stolen, More Than keep delaying settlement! HELP! ADVICE?!


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Hi

 

I wonder if someone can advise me on what I can do about More Than who have now been delaying any settlement to my claim. Several months ago my van was stolen from our property and ever since More Than have been saying that they need to sit down and talk to us about the events of that day, even though we have told them all the details and sent them all the proof they need to help the claim. They say a Sarah will call to discuss our claim and that we will need to sit down and speak to her in person. We was advised to ring her and when we did there was no answer. We rang and sent email's to this Sarah but nobody got back to us.

 

Due to our business we got very busy around Christmas Season and was only able to call More Than to say that this Sarah has not got back to us. They apologised and said that they will send a letter to us to arrange all this again. However have not heard from them since.

 

I would like to a put a end to all this as we need the money to pay for a new van. How can I move this claim forward? Is there any final letters I can send?

 

Any advice will be much appreciated.

 

Kindest Regards

Edited by honeybee13
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Make a complaint to Morethan using their complaints procedure. They obviously for whatever reason, are suspicious about the claim and want to conduct a personal interview. If this is so, why have they delayed it.

 

These are the relevant FSA rules that they should be following.

 

ICOBS 8.1.1 rule_icon.gif06/01/20081 An insurer must

1) handle claims promptly and fairly;

(2) provide reasonable guidance to help a policyholder make a claim and appropriate information on its progress;

(3) not unreasonably reject a claim (including by terminating or avoiding a policy); and

(4) settle claims promptly once settlement terms are agreed.

 

ICOBS 8.1.2 rule_icon.gif06/01/2008A rejection of a consumer policyholder's claim is unreasonable, except where there is evidence of fraud, if it is for

1) non-disclosure of a fact material to the risk which the policyholder could not reasonably be expected to have disclosed; or

(2) non-negligent misrepresentation of a fact material to the risk; or

(3) breach of warranty or condition unless the circumstances of the claim are connected to the breach and unless (for a pure protection contract):

(a) under a 'life of another' contract, the warranty relates to a statement of fact concerning the life to be assured and, if the statement had been made by the life to be assured under an 'own life' contract, the insurer could have rejected the claim under this rule; or

(b) the warranty is material to the risk and was drawn to the customer's attention before the conclusion of the contract.

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thanks for that, atleast when I complain I can point out the rules they are breaking. Like I said whatever they asked for that related to the incident I gave it them and they still wish to take this further.

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