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    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
    • Will this work?   I disupte this debt because, Firstly i only ever used my phone via wifi, there was never a notification regarding usage and data. The rules regarding roaming usage has changed,  the default was illegal and was disputed. This matter is between O2 and myself.   The debt purchaser has yet to provide any or all of the required documentation.
    • Hi all   Wow, do I have a situation to contend with now! I shall include as many important facts as needed.   I have received a solicitors letter today, by instruction of MY PARENTS claiming they are beneficially entitled to a property I purchased in 1999.   This property belonged to my Grandad who sadly passed away in 1993. He had hand written a will, not witnessed by anyone, leaving the property to my Mother and not his Son. Of course my Mothers Brother wasn’t happy with this and contested it which ended up in court. This dragged on for a long time, it could have been years? Until it was decided the house be sold and money divided equally. From memory I think the legal feels were around £30k ish.   At this time my parents didn’t have jobs and I was able to obtain a mortgage in 1999 and after going on the market purchased the house for £50k as it needed a lot of work. At the time I was very close to my parents and it felt a good thing to keep the house in the family circle as such (like cars sometimes) but was obviously in my name as the owner. I paid the mortgage and utilities on it and it sat empty for ten years whilst deciding what to do, more my Mother not wanting anyone to touch it and change memories.   The council kept writing to me until eventually said it would be a forced sale if nothing done with it. I then obtained additional borrowing to fund the complete renovation and then rented it out with the idea if it reducing the mortgage. Around the same time and during the crash I manged to buy another house needing work, by using equity on first as a deposit and a mortgage on the new house.   My parents would always refer to the 1999 as my house although this felt awkward. A few years along the way (2010/1/2) my Dad purchased their council house at a reduced rate.   I moved out of my parents home in 2014 and into the second house once it was all modernised, which since the relationship with parents has just deteriorated a lot. Arguing about lots and them saying I need to ‘sign the house back over to them’ on more than one occasion.   To fast forward, the tenants moved out of the property recently and my parents found because as creepy as it sounds, I think they used to drive by or watch them. The signing back over has been demanded recently to which I said was ridiculous etc…   Today I get this letter with 29 paragraphs and crux of which being to transfer to property, with vacant possession and mortgage free, to them and in addition any surplus rent from the previous ten years!   The letter is full of lies my parents have told the solicitor such as:   I lived with them rent free in lieu of paying the mortgage They paid all the utility bills and council tax They paid for and carried out most of the work back on the house in between purchase and 2008 when renovated My Father dealt with the letting agents recently and I ‘merely’ signed the tenancy agreement   There was a time, as my parents have always been high maintenance, I had written something for my Mum to say although I own the house, morally it belongs to her as probably thought it would help the relationship. A copy of this has been included, although I think looks slightly different to what I had printed and also says…about asking their permission to sell it and they could move in if they ever wanted, I really do not recall saying that! This piece of paper I refer to has no date or signature.   My goodness, this has completely knocked me for six. Its like history repeating itself!   I have checked with Eon, Council tax etc… so far and all have been in my name and paid for by me.   The letter also says ‘the facts of this case are familiar to you and you ought not to require any further enquiry’ which almost is like the solicitor knows this is all hearsay/BS and no proof? Also that I should respond to the claim within 28 days. The letter was also not recorded in case it makes a difference.   Another paragraph says advises my parents 'have a strong claim that I am holding the property on trust for them absolutely by way of constrictive trust and/or proprietary estoppel' I have no idea what this means!   One thing I should point out, I used to be very much in my parents bubble, asking them for advice, wanting their approval, very much lacking confidence in awareness of my own abilities. It is since I have started thinking for myself they don't have the hold on me their behavior  have become worse.   What are your thoughts please? I really have no idea what to think!   Many thanks in advance as always   E!
    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation. The agent who called me was not very bright to say the least ..he wanted me to make an offer of payment even though as I told him it was only an allegation that I owed the money as ADCB had not sent the original paperwork back..... he then told me that they could take me to court even if I had not got a copy of my signed credit agreement ....I basically told him to jog on ...I'll let you all know the outcome of Moriartys GDPR breach investigation .
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joe9t

What are my statutory rights when purchasing an ex-display electrical item?

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Hi,

I bought an ex-display electrical item last year and

 

 

about 6 months down the line it appeared that the bulb inside the item had blown,

but didn't do anything like attempt to replace the bulb until almost 6 months later,

where I found that it wasn't the bulb at all but part of the circuitry inside that had failed.

 

 

I still had the receipt and box and took it back to the place where I had bought the item.

 

 

They said that after all this time it wasn't something they were legally obliged to replace/exchange or refund for.

 

I am having to pay for a replacement part from the retailer instead.

 

Where do I legally stand here?

 

(I sent the item back to the retailer just within 12 months of purchase.)

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You are covered by the Sale of Goods Act.

If the circuitry has failed then you are probably entitled to a free repair.


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Personally, I'd take it back again, and as BF has stated, tell the retailer that as the problem was reported

within 12 months, that you ARE entitled to a free repair because you are covered by the Sale of Goods Act (Fit for Purpose).

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

 

If the retailer gets arsey, or if indeed it's already with the retailer, I'd be telling them that I was going to be

talking to my local Tradings Standards department and my local free newspaper/advertiser...

 

I'd also be making the point that if I was going to be forced to pay for the repair, that it would be under

protest, rather than lose use of the item altogether..... In the name of costs control, and that I would be

pursuing the seller through the County Court for a refund and costs after the repair...

 

Can you tell us what the item is, and who the retailer is...??

 

Good Luck. Please keep us updated...

My Best, Dave..

Edited by diskmandave

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It's not much to do with 12 months. You could be demanding the repair for several years - depending on what the item is.

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy


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It's not much to do with 12 months....

Agree, BUT this helps IMHO...

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy.

I don't agree BF. No harm in setting out your terms from the outset.

If that's TS and local press, when it comes to Court you've got an

extra bullet in your gun, in that you've attempted to settle before Court..

...


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

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@diskmandave

 

The item is a "Forever Flowers 48inch Fibre Optic Firework Explosion," which retailed at just over £100. Sadly it is no longer available to buy.

 

When I thought the bulb had blown, I just thought it was simply that and left it switched off until I could got round to replacing the bulb.

 

It was then after a further 4-6 months that I found that it was not the bulb but rather another part of the fixture that had failed instead.

 

The retailer is charging me £20, for another base unit, but that's if he can get one.

 

He said he could get me one, but I fear that in January when I go back, he'll just say that one was not available.

 

He has taken the item off me and is holding it at his shop until early January.

 

The shop is Stone The Crows, 1-5 The Moor, Sheffield S1 4PF

 

 

Thanks to eveyone for their advise and help

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I have some doubts about whether there is really a breach of the Sale of Goods Act here. Goods won't be of satisfactory quality if they don't last a reasonable time. However, what counts as a "reasonable time" is hard to say because it really depends on what the judge thinks. The added complication is that under the Sale of Goods Act, after six months, the burden of proof is on you to prove that the good was not "satisfactory quality" when you bought it (before six months the burden of proof is on the retailer).

 

I googled the product and it looks like a fairly cheap set of fairy lights. The pictures aren't clear but based on those pictures, if I saw that product in a shop, I would think "it will work this Christmas but might need replacing next Christmas". I am not an electrician but personally I am not surprised that bits need replacing a year down the line, especially as the left the product sitting and gathering dust for a number of months.

 

I think the shop are being reasonable here. They are trying to help you out by finding a new base unit. Personally I think you should pay the £20 charge, just my opinion.


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You would be satisfied at lights that retailed at just over £100 should only last 1 year?

 

You are right that the retailer can say he will not do anything without an engineers report, but if joe9t gets the report and it confirms the issue is from manufacturing the shop will then have that to pay for the report aswell.

 

There is a nice flowchard on the site DMD linked to above that you can print out and educate the retailer as to what he does or does not have to do ;)


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Hi,:sorry: it has taken me two years to respond, but

I have just come across this thread and realised that I never updated you all on the outcome.

 

 

Well, I'm pleased to say that in the end I managed to fix the fault all on my own

after the shops electrician wouldn't replace a very simple part (where the halogen bulb fits into).

 

 

I went down to a reputable electrical shop in Sheffield (Bardwells) who supplied me what I needed and I fixed the fault myself..

. AND...it's up and working beautifully this Christmas - 3 years on from buying it!!

 

 

Thanks EVERYONE for your advise and once again my apologies for taking so long to update you on the outcome.

 

MERRY CHRISTMAS to you ALL. :smile:

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