Jump to content


  • Tweets

  • Posts

    • Looking for some help and advice please. My fiancé purchased an engagement ring from H Samuel on the 8th May 2023. He opted for their design service as I love rainbow moonstones and diamonds, and he wanted it to be unique. He collected the ring on 20th June 2023, the cost was £1626.00 Shortly after, he proposed and I began wearing the ring. Within a matter of weeks, I noticed the main stone had fallen out. I was devastated. We took it back to the H Samuel store and was told that they would send it back to the people who made the ring, for their advice. If they felt it was damaged by me, we would need to pay for the repair. I was horrified as I had only worn it for a few weeks and had done nothing, that could be considered damaging it! I pointed out that this was an engagement ring and they had known this all along. An engagement ring needs to be robust as it is meant to be worn all the time. They took the ring from me and sent it away. They had it for over a month and then came back to me to say they would repair it free of charge on this occasion. When I collected the ring, they had replaced the original moonstone with one which was completely different. It really didn't look very attractive at all. A plain white stone with no colour and resembled a lump of plastic. I was so upset.  I told them I was unhappy with the look of the stone and it wasn't what we had wanted when we had the ring designed. They took it back and after another month, contacted me to say I could collect it. They had replaced the stone and the ring looked a lot better. I began wearing it again, but after a few weeks I noticed the stone was loose again. I had to take the ring off because i was frightened of losing the stone again and have not been able to wear it since.   I contacted H Samuel again, but this time requested a refund. The ring is clearly not fit for purpose as it can not be worn for more than a few weeks without the stone coming loose or falling out. The manager said that it was my fault as I had damaged the ring and they were unable to do anything else. There was no damage to the ring and this seemed to me to be just a way of avoiding doing anything. I took the ring to an independent jeweller who told me that the design was flawed and they agreed the ring wasn't fit for purpose as an engagement ring. The jeweller put that in writing for me and also confirmed that there was no sign of any damage that could account for the stone coming loose. I sent an email to the manager of H Samuels, attached the email from the jeweller and several pictures of the ring, showing that the stone had come lose again. I requested a refund as I has given them ample opportunity to fix the ring but it was not fit for purpose and could not be worn with confidence. He responded by saying they wanted to take the ring back to assess it. I replied that they had already had it twice and I do not believe they could do an impartial report on their own work. I suggested that if they were not prepared to accept the word of the jeweller I had already seen, we could agree upon another independent jeweller and have another report done, which we would agree to abide by the findings. He completely ignored this suggestion and has not given me a refund.   Getting engaged should have been one of the most special times of our live, but H Samuel have completely ruined it. We have both been through so much hurt and upset over this and just want our money back, so we can buy a ring that I can actually wear. I seem to be going around in circles here and it is clear, they don't care and do not intend to help. I am just looking for advice on what to do next please?  
    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. ............. also there is no such things as the OWNER in private Parking Speculative Invoice  its the REgistered Keeper on the cars V5C. dx  
    • N244 application for summary judgement.pdfToday we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy. Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence. Looks like they want our defence struck out. The claimants solicitor asks us to acknowledge safe receipt. The envelope was already open when it arrived (I guess was not stuck down properly).        
    • Thanks for all the help which I’ve learnt more in the last few days from the people on here, I only wish I’d come here sooner. like I’ve said before I’ll take all the advice to heart and try and get these problems sorted. ill keep you informed and will ask for help where it’s needed. cheers.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Deed of Postponement Legal Aid Debt


smolt

Recommended Posts

I have a legal aid debt secured on my house which has a deed of postponement.

My present mortgage expires in just over four years ,

however I am in the process of securing a remortgage for a further 12 years with a different lender.

What grounds do I need to get a deed of postponement from Legal Aid so I can proceed with the new lender ?

Thanks

Link to post
Share on other sites

you shouldn't need too as far as i remember.

if you only have a mortgage i can't see why Legal Aid even went for a Deed of Postponement :noidea:

from what im seeing it doesnt make sense , it's for who is paid in priority order if the home is ever sold.

have you any other secured lending again the property? (listed on your deeds?)

WWW.PARACHUTELAW.CO.UK

What does it mean to postpone a mortgage? Inc. what is a charge postponement, postponement deed & letter of postponement. Get a low...

 

 

 

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... 

Link to post
Share on other sites

then i cant see the point of the Deed of Postponement

means nothing then.

who got this CCJ and Deed of Postponement

sounds like a scummy DCA debt buyer?

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... 

Link to post
Share on other sites

There is no CCJ or DCA Dx , its legal aid its quite normal for this to be placed as security. A deed of postponement is the legal agreement between the two lenders and it is meant to emphasise what each party's rights are. It usually gives priority to the lender holding the first charge. By postponing, both lenders will still be paid, but only one will be prioritised.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Thanks for the advice guys , however I am still at a loss regarding my situation.

After a messy divorce some while back , my Sols advised me in writing that although their costs were £XXXX.00 , Legal aid had informed them that my liability was just £XXX.00 and would I like to make a representation to the Court regarding said costs.

As I deemed  the figure of  £XXX.00 not excessive I decided not to contend the amount that I owed in Legal aid , which I would have done ( and would have had sound grounds to ask the Court to retrieve the balance of the excessive costs of the divorce from the OP ).

I remortgaged my home after the divorce and Legal aid put a second charge on the property , which I assumed was for the £ XXX.00. I cannot quite remember how much , but I offered to pay back an amount each month to pay off the £ XXX.00 , but they refused my offer.

I then received annual statements showing the £ XXX.00 owed + interest for 4-5 years , then  statements that I owed £ XXXX.00. I contacted them and after some time they apologised and said they had made a mistake but I still owed them £XXXX.00.

Legal aid blamed my Sols for not understanding the principals , however my Sols when told about my liability of just £XXX.00 wrote back to Legal Aid who confirmed for a second time that £XXX.00 was my total liability , before my Sols wrote to me to see if I wanted to make said representations to the Court regarding the costs of the divorce.

My questions are -

If the initial Legal aid second charge on my home was for £XXX.00 , how can it now be £XXXX.00 ?

Also , whilst they are now refusing to remove the second charge on my home unless I pay the £XXXX.00 redemption fee unless they grant me a deed of postponement , what about the fact that their incompetence  prejudiced my decision to not ask the Court to make the other party pay for the excessive costs of the divorce which the other party solely caused ?

Thanks ,

Smolt 

Link to post
Share on other sites

8% per annum, has been in place since 2005 under the Community Legal Service Regulations 2005. It is not negotiable I understand. However I would argue that notification must be given annually with statement or would deem it as an unfair term.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for your reply Andyorch ,

but what about the fact that Legal aid stated in writing twice before representations could be made to the Court regarding costs that I owed them less than a thousand pounds and continued to state that in successive annual statements of my debt to them , then five years later stated that in fact I owed several thousand pounds ?

As said , can they alter the second charge at will ( ie from less than a thousand pounds to thousands of pounds ) ,

and what about the fact that their actions denied me the opportunity to ask the Court to consider a request to demand that the other party pay the excessive proportion of costs incurred by their unreasonable behaviour ?

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...