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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

I purchased a laptop from very catalogue using the credit facility given to me by the company. I received the laptop on Tuesday, I connected it all and setup the laptop, within 4 hours of using the laptop it turned of twice, I'm not sure what is wrong with the laptop but it seems there is an issue with the power, the laptop doesn't turn of the usual way it completely cuts out I have to manually restart the laptop.

 

The same day I contacted very via email letting them know about the problem and that I was not happy and requested a full refund, I'm not sure if I am entitled to this but I am completely put of the laptop.

 

For the last few days I have been emailing very who on several occasions have stated because the laptop has been connected it is non returnable and I have to contact the supplier directly to resolve the fault (HP). They have given me an 0845 number to ring which will cost me money.

 

Can someone give me some advice on what my rights are please and what I can do?

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Soga.

 

For the 0845 number try http://www.saynoto0870.com/

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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Invoke your rights under soga. Read up on them so you know exactly what to do and say if they try and wriggle out of their legal obligations. ( And they will).

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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oooh catalogue

 

Can you use distance selling regulations to help you here?

 

Also i would argue for a replacement or refund as opposed to a repair

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi junior

 

Welcome to CAG

 

The Distance Selling Regulations (2000) apply:-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

Send them the following Template amended:-

 

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

 

Don't speak to them over the phone.

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Hi all,

 

Thank you for your responses. I have finally recieved a response from very, it has been an awful experience with them, I used the SOGA template and they have agreed to collect then laptop but as per verys returns procedure the laptop will be checked and if no fault is found they will return the laptop to me and charge me for it.

 

During the 4 hours of using the laptop it turned of twice, I have not used the laptop since it turned of the second time. What if very test the laptop and they find no fault or just send it back to me without testing it and stating there is no fault (I am assuming they will do this to avoid any costs to them), what can I do?

 

This is the first time I have ever had to complain about an brand new item within a few hours of use, I'm not sure how to respond or deal with this.

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Hi junior

 

I would do a Google search on the exact problem you are having, if you can find that it's an inherent problem that many users have encountered, then you can write to the company, whilst they have the laptop in their possession. Update the thread with your findings.

 

Hi all,

 

Thank you for your responses. I have finally recieved a response from very, it has been an awful experience with them, I used the SOGA template and they have agreed to collect then laptop but as per verys returns procedure the laptop will be checked and if no fault is found they will return the laptop to me and charge me for it.

 

During the 4 hours of using the laptop it turned of twice, I have not used the laptop since it turned of the second time. What if very test the laptop and they find no fault or just send it back to me without testing it and stating there is no fault (I am assuming they will do this to avoid any costs to them), what can I do?

 

This is the first time I have ever had to complain about an brand new item within a few hours of use, I'm not sure how to respond or deal with this.

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Hi thank you for your response.

 

I have been researching on the Internet and I can't seem to find anyone experiencing a similar problem with the same laptop model as the one I have.

 

I have however found posts for other people who experienced the problem with other laptop models, there is one user who bought a brand new laptop and within two weeks of use the laptop turned of unexpectedly a few times.

 

I will be responding back to very to collect the laptop, but I am unsure on how to proceed, they will most likely check the laptop which is fine by me, but if they don't experience any shut downs they will return the laptop to me.

 

Should I include a letter when I return the laptop to highlight the problem other people have faced with other hp laptops or should I email this?

 

 

 

 

QUOTE=rebel11;4543675]Hi junior

 

I would do a Google search on the exact problem you are having, if you can find that it's an inherent problem that many users have encountered, then you can write to the company, whilst they have the laptop in their possession. Update the thread with your findings.

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Hi junior

 

I would highlight problems other people have had with their laptops shutting down randomly. Explain that the problem is intermittent, so might not happen when they test it. If there are any exceptional circumstance like you've got exams coming up and need the laptop to be 100%, then say so. Explain that this is totally unsatisfactory when you've purchased a new laptop.

 

Don't email this (thread), reason being it would be counter productive.

Hi thank you for your response.

 

I have been researching on the Internet and I can't seem to find anyone experiencing a similar problem with the same laptop model as the one I have.

 

I have however found posts for other people who experienced the problem with other laptop models, there is one user who bought a brand new laptop and within two weeks of use the laptop turned of unexpectedly a few times.

 

I will be responding back to very to collect the laptop, but I am unsure on how to proceed, they will most likely check the laptop which is fine by me, but if they don't experience any shut downs they will return the laptop to me.

 

Should I include a letter when I return the laptop to highlight the problem other people have faced with other hp laptops or should I email this?

 

 

 

 

QUOTE=rebel11;4543675]Hi junior

 

I would do a Google search on the exact problem you are having, if you can find that it's an inherent problem that many users have encountered, then you can write to the company, whilst they have the laptop in their possession. Update the thread with your findings.

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I would include a letter with the laptop explaining the problem in detail, but include the info I posted in previous post. No harm in emailing the letter to them too.

 

Hi,

 

Thank you, I was going to include a letter in my own words with the laptop, or i could write a little note via email when replying to arrange the collection?

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I would include a letter with the laptop explaining the problem in detail, but include the info I posted in previous post. No harm in emailing the letter to them too.

 

 

Do what my son did, as he also ordered a laptop from Very & after 24 hrs with it, he didn't like it as screen was too small & it would also turn itself off.

 

So I told him to wrap it back up & got him to return it back to Very via the Post Office (also get a receipt) & within 48 hrs the laptop was credited back to his account & has heard no more about it from Very!!

 

Very usually make you to jump through hoops when you try to return a laptop that's either faulty or you simply changed your mind. This can include getting you ring manufacturers on an 0845 number!!

 

So skip all that messing around & just get it to your local Post Office & return it.

I don't suffer from insanity, I enjoy every single minute of it!!

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