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    • I take it I should redact names, court numbers etc?
    • How climate risk is changing lending decisionsView the full article
    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
    • Incidentally, and for anybody else who visit this thread and in case there is any confusion as to the relationship between the consumer rights act and your contractual rights under the common law: the consumer rights act confers rights on the consumer and obligations on the trader. The consumer rights act does not create obligations for the consumer. The consumer and is at complete liberty to rely on their rights under the 2015 act if they prefer they can simply rely on their rights under the existing common law of contract – which is the alternative route which I have suggested to you. This route would be clean – surgical – and of course Currys probably won't even understand it because they probably rely on a load of paralegal drones in probably the same way that the parcel delivery industry does as well. So if you want some fun, send the warning to Currys. By the replacement laptop elsewhere and then sue Currys for the reimbursement. They won't like it. They will spend many hundreds of pounds more than the cost of reimbursing you in trying to defend the case – and then eventually they will lose. If you decide to do any of this then post the draft letter so that we can have a look. I suggest you don't do anything without checking with us first of all
    • First of all, to go over your rights under the consumer rights act – if a defect manifests itself within the first 30 days you have an unfettered right to reject and demand a refund. If a defect manifests itself within the first six months then you have a right to reject subject to their entitlement to attempt a single repair. If they declined to repair or if the repair fails then you can demand a refund. Second thing is that on the basis of what you say above, you bought a laptop computer for 300 quid and you seem to be saying that because they are going to take a month to repair it you have offered to buy a second laptop for £300. This seems extraordinary so please will you clarify. I understand that the only sticking point is that the laptop they want to sell you would be at £330 and not the £300 which was the cost of your first laptop. What on earth are you proposing to do with two laptops – one of them broken – which presumably it eventually would be repaired? Thirdly, apart from your rights under the consumer rights act, you have rights under the general law of contract – the Common Law. If you have purchased an item which has broken down so thoroughly that you are effectively deprived of substantially the entire benefit of the contract then it can be said that the seller has committed a "fundamental breach" of their contractual obligations towards you. You are then entitled to treat the contract as "repudiated" which means that you can treat the contract as being at an end and then claim all your money back. Of course you've decided to purchase something with Currys. The problem is with Currys is that all of the competition has brought the evaporated. These to be Dixons, Comet, – no doubt many others – and they have all disappeared or have been subsumed into Currys. Separately there are even used to be Currys and PC World. Now they have amalgamated there is no competition so they don't care a damn about you. Why should they? There is a company called QVC. They seem to have an excellent track record. I don't know how their prices compare and maybe they are slightly more expensive but they seem to have remarkable customer service and customer returns policy. I would suggest that in future you look around at them and these to compare the prices. So we would like an explanation please of the mystery of your readiness to spend more money on a second computer. Presumably it means that you need a computer fairly urgently. In that case I would suggest that you write a letter to Currys. Tell them that time is of the essence. That you need the laptop repaired within seven days or else you will accept the fundamental breach of contract and accept their repudiation of the contract and go ahead and sue them for a complete refund plus any ancillary losses – such as the cost of any software that you might have installed or even the cost of any data which might now be on that laptop and which is no longer accessible to you. Once again you are dealing with Currys – so they will either ignore you or simply refuse – so during the seven days you would start looking around for an alternative supplier of the laptop that you need. It must be equivalent in model, make, the power – et cetera nearest equivalent in price. You would then set about purchasing that laptop from an alternative supplier having given a few days notice to Currys that this is what you are doing and then you would sue Currys for reimbursement. This would mean that even Princess if you went to QVC and you found that there nearest equivalent model was, say, £350 – you would sue Currys for the £350. Obviously £300 would be the cost of the damage laptop but in addition to that, the extra £50 would cover the reasonable cost of replacing the broken laptop on a like-for-like basis. In law terms you might describe this as your "expectation loss" in that you expected accomplishing that expectation.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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 all

 

First time for me on this forum. I have seen several posts regarding nuisance neighbours and was wondering if anyone had experienced mediation, which I attended with my next door neighbour today and also wondered what my options are from now on.

 

My neighbour moved in about 1 1/2 years ago. I have endured screaming from her kid on a daily basis since, made worse by the nice weather when all the windows in her property are opened, she shouts at her daughter all the time and it goes on for hours and starts about 7am even on weekends. Apparently her daughter has mental health issues although she has not yet seen any professional about it.

 

I attended mediation today where the mother stormed off twice, accused me of things that weren't true, attacked me verbally and interrupted me, (this was allowed to happen by the mediator) I wasn't given the opportunity to reply to these attacks. Eventually because she is 'suffering from depression' (again unconfirmed) the family are in no position to keep the noise down, apparently because of the mental health issues, her daughter is not able to be kept quiet, she is unable to stop shouting, the dog needs the back door open to run in and out of the house, when tackled about this they agreed the dog could be let back into the house, but said the windows need opening as they both smoke. It was suggested they go outside which the male agreed to but the female is unable to apparently due to a newly formed agoraphobia (unconfirmed). Despite this she left the meeting to go outside the venue for a fag. A vague agreement was made but it was very wishywashy as she was at the time threatening to drive off in her husband's car, and she can't drive. Therefore I don't see a proper outcome to the meeting.

 

They are risking my career which I have worked hard for, my daughter's and my own health is suffering greatly both physically and mentally and apparently there is nothing that can be done. The mediator fell for the sob story completely and said that nothing could happen anyway as the housing association will not remove a family when there are mental health issues. Is this true?!!!? My neighbour told me it's the way it is and it's going to get worse as her kids get older! Surely there is something I can do about this bully? Everyone seems to fall for her stories and feel sorry for her, but I hear her laughing all the time and talking about similar bullying behaviour towards the mothers at the school her daughter attends too.

 

I hope someone knows how I can take this forward as I really liked my home, but I hate living here now. I've invested a lot of time and money into getting it nice as it was a disaster when I first moved in and am very reluctant to move.

 

I hope someone can help, it's making me feel completely miserable :Cry:

Karlew

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Hi and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Envrionmental health?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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 and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

 

Thanks for your replies. The housing association are aware of the situation, they insisted on the mediation and arranged it, even though I knew it would be a waste of time. Someone said if I didn't turn up for mediation I'm not willing to sort things out so I did and it was horrible. I was also outnumbered by two to one which I thought wasn't allowed to happen. I don't know what the next step is, it seems that 'mental illness' trumps everything.

 

I was thinking of contacting environmental health but not sure if they would take the same view regarding her inability to stop shouting, even though the woman managed to sit in a stressful situation with me yesterday for two hours without raising her voice once. :???:

 

K

Edited by karlew
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She's not been diagnosed with any condition and neither has her daughter, so it's all a made up story.

Go back to the housing association and insist on an investigation.

Point out their false claims.

There are things you could do to make their life more miserable than yours, but many caggers disagree on such methods.

However, sometimes these animals that happened to be classified as humans because they share our same dna, only understand extreme measures.

I really feel sorry for you.

A few years back my next door neighbour was selling his house and we were terrified at the thought of having nasty new neighbours.

We ended up acting as estate agents and fortunately convinced our friends to purchase the property.

It costed us a lot of hard work because we promised to help them redecorating the whole house, fit a new kitchen and bathroom and help them move in.

We also stored their furniture while work was taking place.

It was worth it!

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At least OP achieved face to face mediation, the Mediator will be aware of both parties demeanour. Mediation outcome takes longer than 24 hrs, poss several weeks, it is not a Courtroom where the guilty can sentenced immediately.

With neighbour disputes, if no satisfactory resolution, the only option is for complainant to move, citing unacceptable neighbour behaviour.

In this case, HA would have to inform new Ts of OPs complaint against the neighbour, or vice versa if offending neighbours vacate.

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  • 1 month later...

Hi Thanks for your replies

 

Just an update. Apparently my problems are not down to anti social behaviour, they are 'lifestyle differences' between myself and my neighbour! :!: The housing association now say they have exhausted all avenues and mediation did not work so the only alternative is for me to move. Shocking. :mad2:

 

They have suggested 'direct matching' which I can only assume is them finding me a house elsewhere. They also added 'away from a family estate'. It's like I hate kids or something, it's really insulting I care for children in my job! It's my next door neighbours screaming brats and stupid mother I can't stand!

 

K

Edited by karlew
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Are there other neighbours who are suffering due to this ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are there other neighbours who are suffering due to this ?

 

Hiya,

 

I assume they must be affected but don't say anything, probably worried about repercussions as she is very aggressive. However, one of my neighbours apparently have made a complaint (funny enough they have young kids) also but they belong to another housing association so can't confirm this as the other HA won't talk to me about it.

 

K

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You could perhaps talk to the other neighbour who has made a complaint. I would think even if they belong to a different HA - the fact that the nuisance neighbour is disturbing others strengthens your case.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Perhaps the other HA will be more proactive.

 

I'd keep complaining to HA and keep a record every time there's a problem. In your tenancy agreement I believe there should be a clause that the HA should ensure you have quiet enjoyment of your property (or words to that effect). Escalate your complaint that the HA are breaking the tenancy agreement. ASB costs HAs a lot of money in legal fees, but likewise your neighbours are breaking their TA by causing problems to neighbours.

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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