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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
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    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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Ordered PC - it arrived warped


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Hi,

 

I have a current situation so just wanted to ask for general advice if I may?

 

On 22nd January this year, I ordered, and paid for, a custom built PC through the internet. The PC arrived 12 business days later (Wednesday 7th Feb).

 

On removing everything from the main box, I could see the box had a small rip on one side. I have a small porch and the ripped side was placed away from me so I didn't see it when the courier delivered it. However, the box damage appeared nothing to be concerned about.

 

When I looked at the PC itself, the plastic face cover (which was loosely attached) didn't fit back true. I then took the plastic side off and saw that the metal casing was warped outwards which meant that the internal bays (hard drive etc) weren't attached properly.

 

I do not believe the warping was due to transit as there was absolutely no marks to the PC case and the thin plastic front cover which sits on the warped metal case was undamaged. If, for instance, someone had stepped on it or something heavy was placed on it, the plastic cover should have cracked and the metal would have bent inwards, not outwards - it was definitely just warped.

 

I called the Company and was told to send photographs, and if I did it quickly, they could try to get the courier to pick it up that day - otherwise, it would be the following day. I sent them and heard nothing the rest of the day, so sent them again the following day. Again nothing.

 

I called on the Friday (2 days after delivery) and was told that the return had been booked online and it was a problem at City Link's end. The PC guy also claimed that the warping was down to City Link! Anyway, the return order was re-booked with City Link for Monday 12th Feb. They collected it in the afternoon.

 

It's now the 21st of Feb and the 3-5 day turnaround for returns has passed. I have written two polite notes to enquire when it will be returned and have had no response to either.

 

I've now waited almost a month since paying and haven't been able to use what I've paid for at all. Annoyingly, as with most things technological, the cost through their site of my specified order is now £60 cheaper than what I paid.

 

How do you think I should approach this? Do I have grounds to get my money back at a certain point or should I wait it out? Thanks for reading:)

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The Sale of Goods Act states that goods must be of satisfactory quality, fit for all normal purposes and as described. If goods do not comply with these terms, there is a short period of time in which you can reject the goods for a full refund, in cases like this it would be 2-3 weeks, however I assume that you have agreed to them repairing the PC so therefore this is the remedy you will now be getting.

 

The repair should be done within "a reasonable time". What is reasonable is not specified in law; it would depend on the product and the necessity of it, for example a fridge would be more of a necessary than a games console. If you needed your PC for work and you had told the company this, this would make it more "necessary" than if you just played games on it.

 

That said, they can't mess you about indefinitely. I would advise you to write to them giving a reasonable date by which you expect the PC to be repaired and returned. State that if the repair is not carried out to a satisfactory standard by this date, you will hold the company in breach of contract and you will be seeking to rescind the contract and claim a full refund.

 

Note that "rescission" is the step you can take after a repair/replacement has failed, this basically means a refund less an amount for any wear and tear you have had from the product. As the PC was delivered faulty and you have acted immediately, you will be able to claim a full refund as it is clear that you have not had any wear and tear from it.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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As a follow up, I received the PC again today, this time built into a case marked with the company's logo on it in two places (unlike the original case).

 

Now the floppy drive is set back 3cm deep into the case rather than being built so it is not even flush with the front of the case. I presume all that will happen is dust will collect.

 

So I think I have to enact the other things mentioned within this post now as I do not find the rebuild to be of satisfactory quality either.

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its up to you whether you want to do this or not and it will not affect your warranty (despite what some may tell you) but you could open the case up release the 4 screws fixing the floppy drive and slide it forward till its flush and tighten them up again.

 

If thats all thats wrong with it it may be your best bet if you actually want to keep it that is as its a 1 minute fix really, but I would understand if you wanted to send it back as the service you have had is shocking.

 

Personally I would always recommend finding a good local shop to buy from as you dont have transit costs/damage to worry aboutand you can inspect before taking it home with you, also a lot of places (like me) build to order so you get the latest kit and todays prices. Sometimes you pay a little more for this but its because people like Dell, Elonex (as they were) etc tend to either use proprietary bits (so you cant replace them) or use very cheap motherboards etc so you get what you pay for in these cases.

 

Good luck with getting it sorted out

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Hi Rich, thanks for that. I read their warranty which allows for alterations as long as you basically don't break the components or negatively affect the PC. I slid the side of the case of and put the floppy where it should be so the hardware is now all in place.

 

Unfortunately on booting up, I'm seeing screens I don't think I should be seeing before Windows loads (the motherboard and Intel logos flash up followed by a message Press Any Key To Continue) and once in Windows, they don't seem to have installed some of the sound drivers correctly.

 

I'll try resolve it with them since I suppose these are now software issues rather than hardware.

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My son had a problem with software on a laptop he brought from PC world after complaining about Windows Start up errors and Drives not been reconised(I could have fixed this myself quite easily)but since the Laptop is under warrenty i told m son take it back and get them to sort it out.....

PC world said software problems are not covered by warranties...

RE-installing windows sorted this problem out...

It might sort your problem out....

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Thanks for that. Yes, the hardware is covered by warranty but not software issues. I have written for advise and will see if they can offer any.

 

I've looked myself on the net re the boot up screens and easily removed the logos from appearing at the beginning (this was a choice to have or not have, it's no fault) and the screen after is something many people with this motherboard seem to be having and there doesn't seem a fix at the moment. Only a small delay of 3 seconds before XP boots up but didn't know what it was doing. One other small issue once booted up with a sound driver I don't think they've installed, but other than that the PC actually works well with what I've thrown at it today (not literally of course!)

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My son had a problem with software on a laptop he brought from PC world after complaining about Windows Start up errors and Drives not been reconised(I could have fixed this myself quite easily)but since the Laptop is under warrenty i told m son take it back and get them to sort it out.....

PC world said software problems are not covered by warranties...

RE-installing windows sorted this problem out...

It might sort your problem out....

 

They are right that the s/ware isn't coverd by the laptop warranty but,

 

1) the s/ware should have its own warranty and,

2) the fact that the whole package doesn't work properly is very definitely covered by the SOGA

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