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    • 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?  
    • Not trying to be rude, but 90% of my last text was the disclaimar from Acer which could have helped somehow.   I know I have the bad habit of making long paragraphs, but I'm sure Acer at least knows how to space and punctuate correctly.
    • Hi there, The clause that the agent is relying on is as below (Termination Clause) This Agreement will end immediately if the Landlord withdraws their instruction before the Agent finds a Tenant. Once the Agent finds a tenant who meets the criteria agreed which was agreed with the Landlord, the Landlord must pay the Agent the agreed commission.   The criteria wasn't agreed in writing but in general I wanted a trustworthy and a transparent tenant - when I rejected this tenant, I gave it in writing that I considered the tenant not to be transparent and therefore, the tenancy not to be granted.   This is what the agreement states with regards to commission on the contract. The Initial Commission fee is payable on the commencement of the tenancy and charged as a percentage of the total annual rental amount of the agreed term as specified in the tenancy agreement There is no tenancy agreement so there is no annual rent amount.   Sorry I can't upload the Claim form - please let me know if there is any information other than I have supplied already that would like to know. thanks,   Bankfodder, on your earlier note about whether the consumers have to always be provided with the cancellation rights, yes they have to - this is what the Regulations 2013 imposed compared to 2008 regulations which did not.   Even with the 2008 regulations, not providing a cancellation rights is not a route to escape - please see the case precedence below.   https://www.walkermorris.co.uk/publications/brief-october-2014/consumers-cancellation-rights-are-unaffected-by-failure-to-give-notice/   I have to disagree with you on your point about Section 6c being applied here - that again is likely to be applicable to tenancy agreement (with the tenant) certainly doesn't apply to the agency agreement. My agreement with the agent is to provide services. 
    • I'm terribly sorry but this is the second time that I'm asking you to space and punctuate your posts correctly. I appreciate that you are doing things on a telephone – but it doesn't prevent you putting in paragraph returns
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I received an "Attendance Notice" yesterday and finally got through to the bailiff this morning.

 

 

He declined my offer of 4 monthly payments as my previous arrangement had been broken and required full payment or he would have to seize goods/cars.

 

 

I explained that I suffered from angina and had several recent attacks and I was self employed but he said that was no excuse as he had never complained when he was suffering with cancer.

 

 

I have to call him again later and don't know what to do, I do not have the money to pay him.

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Any ideas anyone, or should I just accept the inevitable?

 

 

106 views and no comments. Is that because there is nothing I can do as I broke the previous arrangement?

Edited by michelle456
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There are loads of views most likely due to the fact people are looking for the same advice for similar problems.

 

People on here who provide the help are volunteers and have day jobs and will look at the forum when able but be sure of one thing any advice you get will be good advice.

 

Just hang on in there, people will respond as soon as they possible can.

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more details required as to the history of this.

 

 

It relates to 2013/14 council tax and we originally agreed to pay monthly for 4 months with their office but we were unable to make the payments.

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Then they cant just come and take your possesions, if you have a car park it away from your home, keep anything of value locked away.

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Michelle,

 

As the poster Daverules has stated above we are all volunteers on here and will answer queries in between our day jobs etc. In order to provide excellent advice we will however need to have further details on the background etc to this query. As an example:

 

How much is the Liability Order passed to Rundles Ltd?

 

Was a payment proposal set up on receipt of the Notice of Enforcement or did you receive a personal visit from the bailiff?

 

When was the payment agreement set up?

 

You state above that Rundles accepted a proposal to pay the debt by way of 4 monthly payments. How many payments have you so far managed to pay?

 

You mentioned above that you have a car. How much roughly is it worth?

 

If the car on finance?

 

Can you outline a little bit about your personal circumstances (married, single etc /benefits etc)

 

Have you previously made Rundles aware of your angina?

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Are you under your GP for the angina or better still do you have a referral to a Cardio Unit? Is it classed as stable or unstable?

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It keeps hopping between stable and unstable - felt totally unstable today!!! Regular checks at St Georges in London in their cardio unit rather than the GP.

 

 

Anyway, my husband spoke to a friend who had experience of this, and she said don't call, text him. Probably, a more level headed conversation where I could list my points.

 

 

It worked, he agreed by text (so no confusion) and I got more time to pay than I anticipated.

 

 

Thank you, to you all. You have been a great help to a very stressed FM.

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I would suggest you still follow the "vulnerable" route with regard to your illness. If you attend Cardio rather than GP then your condition must be deemed more serious than the person who just gets the odd twinge now & then. If you could get a letter or similar explaining your condition and how continuing action could exacerbate things then there could be a chance the debt could be returned to the Council. It doesn't mean the debt is wiped out but it could mean that the £235 fee could be waived.

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  • 3 weeks later...

Thanks for all your help. What I meant to ask before, if a bailiff gains entry or clamps a car, but goods/car will obviously not clear the debt/costs, can they keep attempting to enforce the debt or is it finished?

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  • 1 month later...

I have paid around 45% of this so far and had promised payments would be made yesterday (which I couldn't make) and the balance next week, but I had to pay two and a half months mortgage to avoid action and this has obviously put a strain on my finances.

 

 

The bailiff has accepted one broken promise after another - any ideas on the best way to approach them for more time to pay or is this unrealistic at this stage?

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