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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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    • Hello,

      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Buying Computer Software - Consumer Rights


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Right, a friend of mine purchased some computer software as a consumer not a business.

 

The software is not faulty in any way just that it needs alot of setup and after research its going to cost about £1000 to get someone to setup for me.

 

my friend had the free version of this software installed and looks really good so contacted a reseller to purchase a licence.

 

basically, my friend cant afford to pay someone to set the software up so decided to see if he could cancel the order under the distance selling regulations.

 

He has now been told he does not have a cooling off period under the act as its an excluded item. "Software"

 

he contacted the company and they refused to offer a refund but offered to setup the software for him a a really cut down price. however my friend just wants to get a refund. the software licence has been activated using the supplied licence key.

 

He paid using a Master Credit Card.

 

can he get a refund from his card company

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In short, the answer is no. Software that has been opened is specifically excluded from the dsr.

 

Exceptions to the right to cancel

 

 

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

 

  • for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
  • for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
  • for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
  • for the supply of audio or video recordings or computer software which were unsealed by the consumer;
  • for the supply of newspapers, periodicals or magazines; or
  • for gaming, betting or lottery services.

Also, you must have been told this at the time of making the contract.

Edited by Conniff
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the consumer advise told him to contact the credit card company and do a charge back. would he win this based on the above info.

 

I think he does not stand any chance, however he was going to try and use the fact that he was not told it could need a software consultant to set the software up to work as it should as it requires a lot of experience. the problem he has is the company does offer an installation service but my friend does not want to pay for it.

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it was not a sealed software, basically you download the Free Edition from the website and if you want to have the full version you have to purchase a licence in from of an activation key.

 

the licence is then registered to the buyer and recorded in the suppliers database, the fee which my friend paid was for the licence key.

 

Bit like downloading Windows 7 from the internet and then buying a licnece key from Microsoft to activate the software but then not having the required skills to fully install it.

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What software was it? Ive never heard of software that costs £1000 to setup. Not even server structure software.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Google says: Asterisk turns an ordinary computer into a communications server. Asterisk powers IP PBX systems, VoIP gateways, conference servers and is used by small businesses, large businesses, call centers, carriers and governments worldwide.

 

I am sceptical of whether your friend was really acting as a consumer. What did he want the software for?

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he has two phones at home and wanted to connect 3 other people to it remotely. He paid using a personal credit card and invoiced in his own name, if that makes any difference

the terms and conditions state

All software sales are final. we offer a free edition of the software to ensure the product will meet your needs without the need to purchase, there will be absolutely NO REFUNDS.

The Free edition is a fully functional product - it supports an unlimited number of extensions and does not time out.

Before deciding to purchase the software, please be sure to download, install and fully test the free version that we provide.

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Chsrgeback.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I still don't understand how he could install, setup and use the Free version, yet the paid for version needs some other kind of setup?

If all he was doing was purchasing a license then all that would do is just unlock any locked down features, but all the setup from the free installation should still be there.

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Hi,

 

Just spoeken to my friend, he installed the software, but does not have the skills to actually setup / configure it. to me it sounds like he purchased the software without doing research first.

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So he installed the free version but never set it up to test it out, then went ahead and purchased the license anyway?

Unfortunately I doubt there's anything he can do. Software, especially if he's registered the key, is exempt from the DSR unless it came in some kind of sealed packaging which is still unbroken. And the credit card company will (rightly so in my opinion) reject a chargeback claim.

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So he installed the free version but never set it up to test it out, then went ahead and purchased the license anyway?

Unfortunately I doubt there's anything he can do. Software, especially if he's registered the key, is exempt from the DSR unless it came in some kind of sealed packaging which is still unbroken. And the credit card company will (rightly so in my opinion) reject a chargeback claim.

 

And I agree fully with that.

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Sounds like a simple case of Buyers Remorse. If you ever buy something like this, you need to be damn sure you have the skill AND hardware to set up the system.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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One problem is that software, in consumer law is treated as a "work of art" so it doesnt have to do what it is supposed to and you are not entitled to a refund. Blame the French for a confusing judgement over a second hand painting back in the 1870's that has passed into EU law.

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