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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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      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.
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Fridge Freezer 3.1/2 years old failed


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Back in late October 2014 we purchased an Hitachi Fridge Freezer.

One of those amazing offers reduced from £499 to £349.

 

In mid April it failed with a code (5r) being displayed.

I called Argos and was advised that I should find a company to check it out and produce a report then they would make a decision.

The mention of 3 and a half years was an obstacle I was told.

Just how hard to find someone anyhow eventually (and a mini fridge purchase later) I find a local company.

 

2 visits and 2 hours later they decided it was an exceptionally small leak over time and repaired it.

They had a charge whatever plus an additional charge for the re-gassing.

 

Come late May I write to Argos and get a fobbed off reply that I used an unauthorised company (what?!) and they offer me a £30 store voucher.

This is NOT April the 1st.

 

I then reply again and again I get a letter after a month still offering a voucher and it appears I've been 'dismissed'.

 

On Sunday 5th August and two months has passed we are back to that '5r' fault display.

The unit has totally failed and I'm in despair.

What can I do?

Edited by dx100uk
spacing

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Whilst you may be able to argue and win compensation for the fridge/freezer not lasting a reasonable amount of time without any such faults, the compensation would only be the lost amount of lifetime the product should have left. So for sake of argument the life of the appliance was set at 6 years, you would be left with only 50% compensation. You then have to factor in costs of getting an engineers report into the faults, costs of taking Argos to Court if necessary.

 

And then there is the issue of whether you used a repairer that had relevant experience or qualifications.

 

See what others say, but I am not sure it is worth pursuing, even armed with Sale of Goods act legislation applying at the time you bought it.

Edited by dx100uk
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its CRA now.

 

under those rules they had one chance at a repair [all be it , so called unauthorised, but it got done]

the cost of that should be met by argos in any settlement under a CRA claim

 

you now need to raise that CRA claim, inc those costs,

 

 

have a quick nose around for sale sites and have a look at the 2nd hand value of the same fridge from the same time frame.

 

that should give you an idea of its worth and that should ideally be the sort of figure argos should be offering you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much for the reply.

 

Nosed around in vain! The value 'new' is now circa £249

 

Spoke to Argos and they are telling me £30 and that's final as I had it repaired unauthorised plus 'Gassing' is considered natural wear and tear.

I gave them a dozen chances to knock money off a new replacement and they totally refused.

 

The failure is back to what it was previously - Code 5r.

I cannot believe that they would not consider their decision and appeared uninterested that I might pursue this in a CC.

 

I look in amazement at the 'wriggling' to fob me off with them saying I got it repaired so it's no longer their problem.

Is there something I'm missing here?

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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  • 5 weeks later...

Thank you all for the replies.

I decided to replace this with another one. I think way too much 'chasing up' with probably getting 'banned' from them for expecting something that was quite valid. Hopefully this will not happen again and alas the 'unauthorised' repairer never replied when I said their repair failed.

Something not to be repeated. :(

M

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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