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    • Could you please show the back of the first PCN you received round about 17th January. Was there a WS included or just the PE v Beavis case?
    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
    • Hello All,   My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold.    additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results.    I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get    Thanks in advance  
    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Hi all,

 

I purchased a second-hand freezer for £40 from a second-hand shop two weeks ago. My father and I loaded it into the back of his car with the help of the shop assistant. We drove it home, unloaded it carefully and plugged it in. I threw some frozen food in there the next day and, a few days later, went to get it out. It was all melted, because the freezer wasn't working. We unplugged it, plugged it back in, fiddled with the dial switch ... Nothing worked.

 

When I went back to the shop to tell them this (they offered a one-month guarantee that it would work), the manager asked me if I'd plugged it in immediately when getting it home. I said yes. He told me I should have waited 12 hours, as sometimes the gases in the freezer can be dislodged if it is laid on its side. A quick Google revealed he was right about this, but I asked why I hadn't been advised of this when I purchased it as it doesn't strike me as common knowledge. He went quiet and told me he'd get back to me.

 

I called again today. He told me again that it was working perfectly when he picked it up and it was probably a result of me plugging it in immediately that has "broken it" and, once again, he's said he'll get back to me.

 

I have no way of knowing whether it did work when he picked it up as it wasn't plugged in in the shop. I have no way of knowing if it was a result of plugging it in immediately that caused it to stop working. But I do know that I wasn't advised to wait 12 hours, that he's sold me a freezer that doesn't work and he's not taking any steps to solve the problem.

 

I've had a look at the Consumer Rights Act, which suggests second-hand goods purchased from a second-hand shop are the same as those for new goods.

 

My question is whether I have a leg to stand on if I was the one to "break it", even though the perils of moving a freezer weren't explained to me and we can't prove it either way. I'm trying to think of another example to use to get my point across to him that it was the shop's responsibility to instruct me on this, especially as they sell a lot of freezers/fridges, but my mind's a blank.

 

I know it's only £40, but it's the principal and the hassle of having to move the thing again, then buy another one, move that ... and I'd like to prevent him doing this to other people in future.

 

Any help would be much appreciated.

 

Thank you,

 

Capybara

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Hi capybara101 and welcome to CAG

 

I have moved your thread to the appropriate forum....where you will get the correct advice.

 

Regards

 

Andy

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If you started a small claim for this then I expect that you would win.

 

The only problem is the cost of the initial layout for the court action and also a hearing fee if it went to that.

 

You will have to make a decision.

 

At the very least, you will need to get rid of it. I suggest you drive it back and leave it at his shop and make it his problem

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Hi,

 

Short update: I called them again, four hours after they said they'd call me back. The person I wanted to speak to was apparently in a meeting. I called again two hours later. He then said that I'd invalidated the warranty by plugging it in immediately and they wouldn't do anything about it and then he put the phone down on me. It's a mobile number, so I texted to say I was looking for a swap or I would be returning it to the shop for a full refund. No response. I will take it back tomorrow and leave it at their shop and then proceed with a small claim if they don't refund the money. It's so frustrating and makes me angry because, for all I know, he's sold the same freezer over and over again (doubtful, but possible).

 

Edit: and he said it was "common knowledge" that you shouldn't plug a freezer in immediately after transporting. I said it wasn't.

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