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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Rejecting Sofa From SCS


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We've just had two sofas delivered on Tuesday afternoon but hav dinky got around to examining them thoroughly in daylight today, what we've found are two different shades of light and dark patches on our Sofas, the sofas in quaerion are in a charcoal herringbone material.

 

Now what I want to know is can I reject them without having to wait for a technician to come round and examine them like they suggested when I rang the store today,my main concern with that is that would take us past the 14 day deadline?

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In fact under the Consumer Rights Act, you have a 30 day deadline in which to assert your short-term right to reject. The assumption is that there is a defect which was there at the time of sale and by rejecting the goods within the first 30 days, you are entitled to a replacement or full refund at your option.

 

In any event, even under your 14 day deadline, I would assert the rejection by putting it in writing and sending it to them recorded delivery.

 

In a separate envelope assert your short-term right to reject under the Consumer Rights Act and say that you want a refund or replacement – you choose.

 

I suggest that you enclose photographs if you can of the problem.

 

Of course although you are asserting these rights, the difficulty may be in getting the supplier to accept the rejection. However, the most important thing is to get the rejections in within the deadlines and in writing.

 

After that if you get any difficulties come back here

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  • 3 months later...

Another update on our current plight .

 

We exchanged the above faulty sofa for one of their Laxy Boy sofas which costs us a further £500,

this was deceived at the end of May and low and behold this one was also faulty with numerous faults

 

 

the main one being a tear at the rear of one of the sofas when it was delivered.

We immediately rejected the sale again and a technician came out two weeks ago and said the the fault could be repaired but we've rejected this.

 

Their head office called last week trying to fob me off with a repair

I stuck to my guns in refusing a repair and they said they would contact the store we purchased it from.

 

 

Fast forward to the here and now

we've been up to our local store and the manager said we could choose another one from the leather range as we had no confidence in the fabric sofas, he said that he'd have a word with his regional manager and see if they could pay the difference to.

 

I received a call the following day saying the regional manager was prepared to put £250 to the costs of an upgrade ( the total costs would be an extra £1000 )

we've declined this offer and said either they pay the outstanding difference or we'll have a full refund of the deposit of £700 and cancel the credit agreement for the rest.

 

 

We're now awaiting a decision

to be quite honest we just want a refund even though this will mean we'll be without a sofa ( And I'm recovering from major surgery in a full leg cast ) whilst we locate another.

 

 

My question is

how long would it take for our contract to be cancelled so we can finance another,

I've heard some horror stories of people having to wait until it goes to the small claims court before they see a refund?

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