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    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • dx100uk
      Debt advice

      By dx100uk · Posted

      lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • dx100uk
      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

      By dx100uk · Posted

      i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Private sale Goods arrived un-useable - Help please

tanx

By tanx
in General Legal Issues

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tanx

tanx

Posted
Posted (edited)

Hi Guys,

Hope someone can help me with this one. CAB were not much use.

 

I purchased a used Heat Press from a guy in Scotland (i am in England).

I asked the questions i needed answering , does the thing do what it's supposed to do.

He emailed saying yes it was in perfect worker order.

 

 

I bought it, it arrived next day, plugged it in and......no heat.

 

I informed the guy straight away and he said he would sort it.

I said a repair (at his cost) was exceptable or a refund.

 

 

He then contacted the manufacturer and emailed a mail saying it was "all sorted" with the company to send it to them and he would cover the cost.

Luckily, i didn't send it.

 

 

I emailed the company and asked what the guy had "sorted" with them

and they said just the £25 shipping charge to collect from me and drop to them !

 

 

I emailed the guy back and said this wasn't exceptable to me and could i have a refund or repair.

No, he decided to claim off the courier despite not having purchased additional insurance.

They said no and offered standard £20 compensation which he then said he had paid into my paypal account - he never did.

 

 

I again said this was unacceptable and would accept a repair (at his cost) or a refund.

A lot more waffle went under the bridge but the crux of it is , he won't refund or repair.

 

 

How do i stand on this ?

I made sure i asked the questions BEFORE i bought it.

 

 

Surely i can't be held responsible for the damage when the item never worked at all.

Any help appreciated as i want to file a small claim if i have the right to

 

Cheers

Edited by dx100uk
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BankFodder

BankFodder

Posted
Posted

Was it bought through eBay?

Are you sure that the seller is a private seller?

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tanx

tanx

Posted
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Posted
Was it bought through eBay?

Are you sure that the seller is a private seller?

 

 

Hi

Yes , he's not a private seller. I have emails from him stating it was in perfect working order BEFORE i bought it. Surely, just having something delivered can't make you liable second hand or not. If that was the case i could just sell it on and play more stupid than i am already.

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tanx

tanx

Posted
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Posted

I have emails from him stating it was in perfect working order BEFORE i bought it. Surely, just having something delivered can't make you liable second hand or not. If that was the case i could just sell it on and play more stupid than i am already.

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aburobert

aburobert

Posted
Posted

Unless you used the family and friends option to send the money you can do a chargeback for 'item not as described'.

 

If you used the f&e option you cannot do anything as Paypal gets no commission on such transactions.

 

Anyway what have you to lose in attempting the chargeback? Paypal will 'freeze' the money whilst they investigate and it may galvanise your seller to actually be more proactive in settling the dispute.

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tanx

tanx

Posted
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Posted
Unless you used the family and friends option to send the money you can do a chargeback for 'item not as described'.

 

If you used the f&e option you cannot do anything as Paypal gets no commission on such transactions.

 

Anyway what have you to lose in attempting the chargeback? Paypal will 'freeze' the money whilst they investigate and it may galvanise your seller to actually be more proactive in settling the dispute.

 

Hi

Thanks for the reply. I can't claim through Paypal as i used the Family / Friends option.

I would like to know if anyone reading this post has used the sale of goods act regarding second hand goods. I know you lose a lot of rights buying privately, but i'm sure not as described is still covered, bearing in mind i have the email describing the item in perfect working condition.. Can anyone confirm this please before i go ahead and file a claim.

Cheers

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aburobert

aburobert

Posted
Posted

Presumably the seller insisted on the f&f option? This should have set alarm bells ringing because it negates any protection Paypal affords. It should only be used for what it is meant for - certainly not for sending payments to someone you do not know!

 

Anyway no use 'crying over spilt milk' now!

 

Your only option it seems is the Small Claims.

 

So long as you have a print off of the sales listing (his advertisement) with all the claims the seller makes and proof his description was misleading (an independent report. eye witness statements etc.) you should win. If this sale was 'word of mouth' you may have a harder time proving your case if the seller defends. But if he knows he is in the wrong he may back down thinking it is not worth all the hassle so see what his reaction is to a LBA because if he loses the cost of the claim is added to the total cost.

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tanx

tanx

Posted
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Posted (edited)
Presumably the seller insisted on the f&f option? This should have set alarm bells ringing because it negates any protection Paypal affords. It should only be used for what it is meant for - certainly not for sending payments to someone you do not know!

 

Anyway no use 'crying over spilt milk' now!

 

Your only option it seems is the Small Claims.

 

So long as you have a print off of the sales listing (his advertisement) with all the claims the seller makes and proof his description was misleading (an independent report. eye witness statements etc.) you should win. If this sale was 'word of mouth' you may have a harder time proving your case if the seller defends. But if he knows he is in the wrong he may back down thinking it is not worth all the hassle so see what his reaction is to a LBA because if he loses the cost of the claim is added to the total cost.

 

Thanks for your reply. I have emails from him BEFORE i bought the press, stating it was in "perfect working condition". I did ask the essential questions BEFORE i bought it otherwise i wouldn't have bought it. I have those emails also. Do i need a witness if he admits he in his messages to me it was in perfect working condition when it left him ?

I also informed him within 10 minutes of receiving it that it wasn't working.

Is it worth a shot at a claim??????

Cheers

Edited by tanx
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aburobert

aburobert

Posted
Posted

I don't think you can use the Small Claims as your seller is in Scotland.

 

You will have to issue the claim through his local Sheriff's Court (I think) which operates like the Small Claims here in England.

 

Personally I have done this to someone in Scotland who ripped me off and was successful but that was many moons ago so things may have changed a bit since then.

 

What I did was write to his local court asking for Claim forms to be sent to me which I then filled in, sent off with payment for the fees. I did not attend and the defendant in my case did not turn up or offer any response so I won by default and the defendant then coughed up.

 

Before you go down this line find out what the process is these days in chasing someone in Scotland as I'm way out of date.

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tanx

tanx

Posted
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I don't think you can use the Small Claims as your seller is in Scotland.

 

You will have to issue the claim through his local Sheriff's Court (I think) which operates like the Small Claims here in England.

 

Personally I have done this to someone in Scotland who ripped me off and was successful but that was many moons ago so things may have changed a bit since then.

 

What I did was write to his local court asking for Claim forms to be sent to me which I then filled in, sent off with payment for the fees. I did not attend and the defendant in my case did not turn up or offer any response so I won by default and the defendant then coughed up.

 

Before you go down this line find out what the process is these days in chasing someone in Scotland as I'm way out of date.

 

 

Thank you very much - appreciated

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steampowered

steampowered

Posted
Posted

Of course, the goods must be as they are described. Some parts of the Sale of Goods Act only apply where the seller is a business, but the rule that goods must correspond with their description applies regardless.

 

You could certainly sue him in Scotland. The default rule is that you are supposed to sue people where they live.

 

But I think you could also sue him through the small claims process in England if you prefer. When you are suing people under a contract, you are able to sue them either where they live or where the contract was performed (i.e. where the goods are delivered - being England). The advantage of doing this is that a hearing would be closer to you. The disadvantage is that, if you won the case but he still refused to pay, there would be an extra step before you could enforce the judgment as you would need to register it with the Scottish courts first.

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tanx

tanx

Posted
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Posted
Of course, the goods must be as they are described. Some parts of the Sale of Goods Act only apply where the seller is a business, but the rule that goods must correspond with their description applies regardless.

 

You could certainly sue him in Scotland. The default rule is that you are supposed to sue people where they live.

 

But I think you could also sue him through the small claims process in England if you prefer. When you are suing people under a contract, you are able to sue them either where they live or where the contract was performed (i.e. where the goods are delivered - being England). The advantage of doing this is that a hearing would be closer to you. The disadvantage is that, if you won the case but he still refused to pay, there would be an extra step before you could enforce the judgment as you would need to register it with the Scottish courts first.

 

Thank you all very very much for your help , it's really appreciated. I will be filing a claim today at my local court.

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tanx

tanx

Posted
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Posted (edited)

Hi All

Well i went to my county court only to be given a Pack of forms to send to Salford Claims Centre. I also found out because i am claiming against an individual in Scotland, it is classed as out of Jurisdiction. Therefore , i needed another form (N510) and tick which statement applies. There are so many "legal jargon" statements on their i have no idea which one applies. I called the Claims Centre "HELP" line and they can't advise which box to tick !!!!!! Totally ridiculous. Who said claiming was easy !!!! Anyway, could one of you kind forum members let me know which statement applies to me please.

I would be most grateful.

Thank you all

PS: If anyone would like a look at the form here is a link - https://www.moneyclaimsuk.co.uk/PDFForms/N510.pdf

Edited by tanx
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steampowered

steampowered

Posted
Posted

Gosh, yes. I had forgotten how bad that form is. It must be one of the very worst examples of legalese in the system.

 

You need to tick the first box, delete the words "High Court of England and Wales" and enter the name of your nearest county court, delete the reference to Judgments Regulation, delete the reference to Member State. If you are using the paper form just cross-out those words with a pen.

 

The justification for this is that you are relying on rule 6.33(b)(i) (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.32), i.e. the fact that the defendant lives in the United Kingdom, and the legislation that governs jurisdiction between Scotland and England is the 1982 Act (rather than the Regulation mentioned on the form which would govern jurisdiction between the UK and other EU member states).

PLEASE HELP US TO KEEP THIS SITE RUNNING

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tanx

tanx

Posted
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Posted (edited)
How much is this claim worth?

 

Hi Ganymede

It's only a couple of hundred pounds, maybe not worth chasing, but the fact is it's clearly not right and i'm just not the type to sit back and take it.

Cheers

Edited by tanx
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tanx

tanx

Posted
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Posted
Gosh, yes. I had forgotten how bad that form is. It must be one of the very worst examples of legalese in the system.

 

You need to tick the first box, delete the words "High Court of England and Wales" and enter the name of your nearest county court, delete the reference to Judgments Regulation, delete the reference to Member State. If you are using the paper form just cross-out those words with a pen.

 

The justification for this is that you are relying on rule 6.33(b)(i) (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.32), i.e. the fact that the defendant lives in the United Kingdom, and the legislation that governs jurisdiction between Scotland and England is the 1982 Act (rather than the Regulation mentioned on the form which would govern jurisdiction between the UK and other EU member states).

 

Thank you very much i really appreciate your help - and so will many others

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