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    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
    • Tie him to a chair with Gaffa Tap.... Sorry thinking out-loud there Keep me posted  
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Deviskan

MCOL Claim Against Lighting Retailer

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Not sure if this is the right sub-forum, but would appreciate some advice regarding the following.

 

 

My wife and I purchased some lighting from a specialist online/high street retailer a few months ago...which was done as follows.

 

 

The company sell lights/lamps from various Manufacturers on their website, which are not bespoke in any way (they are not custom made/made to our specification...they are simply lamps/lights like any other customer could buy). After receiving an initial quote from the company via email for some items we were interested in, we changed the items a few times before settling on the final requirement list (but never received a final quote to order from...we were simply emailed an invoice to be used to order). Note all conversations/engagements with the retailer were conducted via email/telephone/their website.

 

 

We then sent the money via bank transfer to place the order (a total of around £1,800, of which the 2 lamps came to roughly £850)...and had to wait a few weeks whilst the lamps were shipped from the Manufacturers in Italy to the UK retailer...and then shipped on to ourselves. Upon receipt, we didn't like the quality of a couple of the lamps...and contacted the Online shop asking to return the items on the same day they were received.

 

 

We were advised we had no right to a return, as the lamps had been made especially for us...and it was noted on the first quote we received that they could not be returned once ordered (which I then checked, and it was a small clause at the bottom of the original quote).

 

 

From speaking to Citizens Advice, they confirmed that as the lamps were not bespoke in any way, that we hadn't provided specifications to which the lamps had to be made...and had essentially bought a product that could simply be ordered by any other customer...that the retailer had to comply with the 14 day returns period. So we started an MCOL Claim against the retailer from that point...and also returned the lamps via Parcelforce (which the retailer confirmed they had received).

 

 

We are now at the stage were the retailer has launched a defence against our claim, but they have yet to return the DQ form and have had a General Sanctions Order raised against them a week ago (we can enforce judgement in 1 week now if they don't respond).

 

 

Hopefully all of the above is clear...my question is, have we been correctly advised by Citizens Advice that the 14 days return period is our legal right, or has the retailer covered themselves by adding the 'no returns on this product' note on their original quotation?

 

 

I have a feeling the retailer is dragging it out as long as possible, and will file the DQ form right before the 2 weeks are up, which will mean a visit to court...so I want to make sure we do have the law on our side before that point!

Edited by Deviskan

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