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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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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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New Homes - No Consumer Protection


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When you buy a new home, you get a 2 year warranty provided by the builder. If you have a dispute with your builder, the NHBC can step in to arbitrate but they are paid for by the builders(about 10% of your house price goes to them). Houses can be handed over from the builders with hundreds of defects and getting them rectified can take months/years. You have more consumer rights buying a tin of beans from your supermarket.

 

Please sign the petition at :-

We the undersigned petition the Prime Minister to Ensure that new house purchasers get more consumer protection.

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This is true; normal consumer legislation does not apply to property contracts, or any goods supplied as part of a property contract.

 

I agree that it leaves a lot to be desired.

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

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FWIW

 

Im not sure that this is entirely true

 

The builder can purchase a warranty from the NHBC, but they do not have to.

 

the fact that only the zurich i belive offer similar warranties is part of the reason the NHBC are dominant in the housing market.

 

I am not sure that in effect the building has to provide a warrant by either the NHBC or the Zurich, I could ask a contact or two (I work with a large number of residential developers so would no doubt be able to find their take on it if its of any use).

 

its alsow worth noting that the NHBC are what is called an approved inspector and so they will in theory at least, approve the design of the home and the systems put into it eg draninage, water, eletrical circuits, heating etc, and then to also inspect the houses prior to occupation.

 

however, i am led to believe that their inspection role is not particualrly good and that in reality only a small proportion of houses are actually inspected.

 

Whereas local authoirty building controls will inspect a high proportion of buildings within their jurisdiciton duting the contraction phase.

 

Not all houses with NHBC warranties are dealt with them during the construction phase though.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Ok, I don't know the full technicalities of if a builder has to provide an NHBC or Zurich warranty, I'm speaking from experience of purchasing from one of the big builders.

They are an NHBC site, the property had a professional snag inspection and they found in excess of 350 snags. The house had been inspected by NHBC supposedly who passed it, snags included DPC below ground level(all 12 houses on the estate are the same), roofs not sealed to the supporting brickwork, substandard plumbing(most of the 12 houses have had same problems including major leaks).

 

Having been in property 8 months, many of the major snags were still outstanding. It was only when I called up the Chief Exec at home during corrie one evening that anything started to happen !

 

The NHBC are there to arbitrate when there is a deadlock but they are funded by the builders.

 

The petition is to get an independant body to oversee the industry and put some pressure on the builders to get it right first time.

 

For most people a house purchase is the single biggest purchase they will ever make, if you bought a car with 350 defects would you accept it ?

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OK, I don't know the full technicalities of if a builder has to provide an NHBC or Zürich warranty, I'm speaking from experience of purchasing from one of the big builders.

They are an NHBC site, the property had a professional snag inspection and they found in excess of 350 snags. I am not surprised The house had been inspected by NHBC supposedly See my comments above again i wouldn't be surprised if they visited the day the last tile was put on the roof who passed it, snags included DPC below ground level(all 12 houses on the estate are the same), roofs not sealed to the supporting brickwork, substandard plumbing(most of the 12 houses have had same problems including major leaks).

 

Having been in property 8 months, many of the major snags were still outstanding. It was only when I called up the Chief Exec at home during corrie one evening that anything started to happen !

 

The NHBC are there to arbitrate when there is a deadlock but they are funded by the builders. I guess this is in effect true, but the NHBC are in fact a private company and any arbitration would only be in respect of their guarantees i believe.

 

The petition is to get an independent body to oversee the industry and put some pressure on the builders to get it right first time.

 

For most people a house purchase is the single biggest purchase they will ever make, if you bought a car with 350 defects would you accept it ?

 

I hope you don't think i was trying to defend in any way the NHBC/house purchasing situation in any way.

 

I bought my 1st house 20 odd years ago with an NHBC guarantee. i found out just how useless they were then.

 

since then i haven't bought a house on the basis it has a guarantee from the NHBC, the guarantee is only fit for wiping your a..... sorry nose on as far as i can tell.

 

just so you understand where I'm was coming from we are consultant engineers who provide advice to developers and this is how my involvement with the NHBC comes about.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I hope you don't think i was trying to defend in any way the NHBC/house purchasing situation in any way.

 

I bought my 1st house 20 odd years ago with an NHBC guarantee. i found out just how useless they were then.

 

since then i haven't bought a house on the basis it has a guarantee from the NHBC, the guarantee is only fit for wiping your a..... sorry nose on as far as i can tell.

 

just so you understand where I'm was coming from we are consultant engineers who provide advice to developers and this is how my involvement with the NHBC comes about.

 

HTH

 

Glenn

 

Glenn, No I didn't think you were defending them at all, just wanted to clarify where I was coming from etc, none of my post was directed at you in any way

 

NHBC inspected and certified the property 2 days before we moved in.

 

NHBC will arbitrate if you can't reach an agreement with the builder in the first 2 years (which is when the builder is still responsible for faults). I found this out when dealing with the arrogant excuse of an MD who told me that if I didn't accept what they were telling me they would stop all works and get NHBC to arbitrate - thats when I rang the CE of the whole group up at home one evening.:D

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