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    • I am a University Student looking to rent accommodation along with three other Students We found a four bedroomed flat and called the Letting Agent to say we were very interested We had a viewing and raised some questions We wanted to check if there was a break clause in the Lease The Letting Agent said we would need to pay a Holding Deposit whilst he waited for the Landlady to return from Holiday So we paid £750 split between the four of us to the Letting Agent We then received an email to say the Holding Deposit was non refundable References were then checked and the tenancy Agreement arrived which needed to be signed by each guarantor and tenant and send back the full signed agreement At this point we got to see the Tenancy Agreement for the first time and the break clause of 6 months was nowhere to be seen so this made us very nervous and we decided to pull out as we felt we didn’t want the risk of not being allowed to leave the property until a full year was up We emailed the Letting Agent who replied with the following: The holding deposit is not refundable as you are withdrawing from this deal. I will need a confirmation from Everyone that they are withdrawing and we will put the property back on the market.   The move in date is on the 4th Sept and the landlady is left with a very short time to find another tenant.    This will incur a lot of extra cost from both us as an agency and the landlady which we will try to recover. So, my question is are we eligible to get a refund of our Holding Deposit – bearing in mind we were not told we wouldn’t get it back until after we had paid it?
    • As for the rest @BankFodder please wait for my bullet points account and further uploads (I'm in the process of converting a lot of my files and screenshots to more condensed pdf thanks to reading one of your posts how to do this for free...but, it's taking time as I also have artritis in practically every bone in my body, as well as fibromyalgia and chronic fatigue, which affects my hands, and I have a lot of redacting to do).   I appreciate your trying to get an angle on this and your keen to help me in the best you can but, if I keep getting sidetracked like this, it will be counterproductive and frustrating for both/all of us.   On my #13 I gave a link to your skeleton argument pdf because, I'd carefully researched the posts for days before joining (as well as looking at posts over the last 5 years), which btw needs a bit more redaction on p6 as it's showing [her] name. That could be my case to a 'T' except add in the years back to 2006/2007, particularly since I went on their computer system and was 'treated' to their 1st system migration, and all the others that have followed. Not sure about this person's status but, for me you can also add in the fact that they've: continually failed to put me on their PSR; lost my password more than once (the one call I managed to recall was December 2016 when he openely admitted he couldn't find a trace of my being on a password scheme and they now have two whenever the meter reader arrives...and yes, I've done an SAR to the distributor already because they've failed to keep them informed of my status, that's all in hand); continually ignored my medical status of being disabled and unable to read my own meter (I've repeatedly told them about this, btw) due to not only bone-on-bone arthritis in my right knee (diagnosed 2011) but also a crumbling spine (extensive arthrits) with a prolapsed disc and extensive nerve damage (eventually diagnosed 2014), which leaves me at risk of developing corda equina; continually ignored my vulnerability status; and excarrebated my MH/PTSD over the years with their continuing bullying and threats.        
    • Hi Everyone. With the deadline for claiming PPI coming up I thought I better make one last attempt. Couple of quick questions though.. 1. I tried claiming with RBS about 5 years ago and they rejected my claim. Is there any point trying again? 2. I was going to use a company as I'm getting bombarded with "last chance" emails, but I probably don't want to do that as I've always done my own thing. That said, if I make my "Find out if you had PPI" enquiry online, does that mean I'm in before the deadline, or do I actually have to make a complaint before the 29th Aug?   Many thanks for any advice/ help
    • Har dee har har! Thanks! Im 3k apart . I need help so they drop the 3 k. But you got that! kr escaped!
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Hey all :)

 

Looking for a bit of advice please. I bought a pre-owned Samsung galaxy tab 3 from GAME earlier this month (still have the box, receipt etc). After having no problems with it, the last few days it has started restarting itself randomly - this could happen after a few minutes of use or even after an hour. When it does restart itself, it turns itself off and cant be turned back on for 5mins or so.

 

Anyway, to me it appears faulty and took it back to my local GAME store today but was told that as its an intermittent problem, I need to take it home and then video it when it has a problem again.

 

Is this a usual thing? Is there anything I can do besides sit and wait for it to happen again?

 

Many thanks :)

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Is an hour the longest it has taken to start rebooting?

 

Sounds more of a software issue, is the software up to date?


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Under the Consumer Rights Act 2015 if a defect appears in the first 30 days then you are entitled to reject the item. This is known as the – short-term right to reject. You have to notify the seller in a form which is unequivocal and in that case the seller is bound to refund you or to replace the item – at your choice.

 

There is no need to prove that the defect existed at the time you purchase the item. This is simply assumed to be the case.

 

However, you will have to show that there is a defect. With an intermittent defect, you are in a very difficult position. I suppose it's a bit like going to the doctor only to find that when you get there you can't demonstrate the symptoms any more.

 

You could try to cover yourself by writing to them and notifying them that there is this defect and that you are asserting your short-term right to reject. Try to describe the defect in as much detail as possible. This may be enough to cover you later on in the day if the defect starts to become more frequent.

 

Videoing it is a very good idea – except that if it is an intermittent fault, I suppose that you'd have to be lucky to have the video on at the right moment. I'm not quite sure what else to suggest for this right now.

 

After the expiry of 30 days, and for the next six months, any defects which materialise are also assumed to have been there when the item was purchased. However, after 30 days the seller is entitled to have one opportunity to repair after which a refund or replacement has to be given. Beyond the six months, then you are down to the usual rules relating to sales of goods. I would certainly put it in writing that the defect exists now – with as much detail as possible. That way, anyway, if the defect starts to become more frequent later on and even beyond the six months, you at least won't have the problem that they might argue that the defect didn't exist at the time.


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