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    • Small attachment to an iPhone that cost £288.00.   I know anything that relates to Apple can be very expensive, but what was the attachment ?   Did you return the attachment product in its original packaging ?   How often do you buy products from Amazon ?   How often do you return products to Amazon ?   Could Amazon believe you are buying products to simply try out for a period, with no intention of keeping the products ?
    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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t1grm

Builder legal issues

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I’ve had a builder refurbishing a rental property for over a year now.

The original work was estimated to be around 4 months.

Work has virtually ground to a halt since end of August.

The property has been empty for six months and counting so I have lost over half a year’s rent.

 

 

I have finally lost patience with the builder and obtained a quote from another builder who assures me he can finish the property before Christmas (at quite a lot more expense than the original quote).

 

The problem I now have is that I paid the first builder up front for most of the work.

He said he needed it for materials and to pay subcontractors plus I trusted him because he did work for me at other properties which went OK – big mistake.

 

 

he underquoted the work,

spent all the money on subcontractors

and has now run out of money and is trying to finish it himself

– at a snail’s pace

– presumably because he is taking other paid work on to make end meets because this job isn’t paying anymore.

 

I have fixed price quotes and invoices for work that has not been completed that I can prove I have paid for but unfortunately there were no completion dates or timescales on the quotes.

 

 

If I kick him off site do I have a leg to stand on legally in getting my money back for the work he has not completed?

 

 

Presumably he could argue he was going to do it,

I just never gave him a chance and kicked him off site.

 

 

Is there a legal concept of a reasonable timescale for completing work that I could argue in trying to claim my money back?

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Not sure what's going on with formatting. This wasn't how it was when I posted it.

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If you walk away from your existing builder/quotation/contract..a builder that you have already paid monies upfront...you may never see that money again.

 

If hes under quoted miss budgeted thats his problem...but as long as hes willing to finish at his own cost...kills any intended claim IMHO...even if there is a vaguly breached contract.

 

So further costs to you with the new builder and dont lose any further rent or wait and push the existing builder on...but it must be at his own cost/or agreed price...which will teach him to quote accurately and less subcontract on future works.

 

 

Andy


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