OK - had letter from letting agent in which they claim that we agreed to 2 months notice when we signed our short term assured, "If you decide to vacate at the end of your 6 months fixed term, a minimum of one months written notice is required. After the initial fixed term, tenants are required to give 2 months written notice, failure to do so will result in the deposit being retained in lieu of notice" the short term assured this statement refers to expired on 11/03/09, so as I understand it this makes this contract null and void/expired. I have read with interest post number 6 by a CAGger called Aequitas here but need to know how the comments posted help me with my issue - time is ticking by and I need to sort this ASAP 'cos I know for a fact that the letting agent is going to try and withold the deposit advice please

OK, just managing to catch up with this after a couple of days away - can you expand on DPA? is it the same as a SAR? can I send a template SAR with a few adjustments to the wording? i'm afraid i'm going to have to have a bit of hand-holding here i'm afraid

OK, thanks for the replies guys but I still need clarification on the actual period I need to give - I understand the whole "1 rental period" bit, but what I want to know is do I have to give the 2 months they are asking for? my rent is due on the 12th of every month if that helps

could you please expand on this? is it the same process/wording as asking a bank? is there a potential breach of data protection here regarding their flat refusal?

thank you for your response, but you will have to forgive me as i do not understand a word of what you written - i do not understand your terminology/abbreviations/acronyms for clarification - our short term assured expired/ended 2 1/2 years ago, at which point the letting agent wrote to us asking if we wanted to sign another or to enter into a periodic. We chose the latter and have been in it since. we have not given notice yet as we are waiting written confirmation of the new let, verbal has been given but we need to dot the i's and cross the t's our rent is paid monthly and has been since we moved in

apologies to mods if wrong section, have searched for similar with no results I have a question re. recorded telephone calls. I was speaking to a person at my letting agent the other day, and as the conversation took a turn for the worst (at their end, not mine) I specifically asked if the recorded preamble to the conversation was true in that "this call is being recorded". The answer was yes. I requested if I could have a transcript for the call. I was told no. I asked if I could have in writing to my home address their reasons for their refusal, I was told no and that I was being pedantic is there any way I can either have them admit the call was NOT being recorded, or make them provide me with a transcript?

OK, have done some searching but can't find a definitive answer so I have opened a thread our short term assured expired, at the end of which the letting agent wrote to us and told us we had 2 options - either sign another or switch to a periodic (which i thought was the natural progression if staying in the property?) so we wrote back saying we would switch to a periodic. An application for another property (different letting agent) has been made and accepted but we are now at loggerheads with the letting agent over the notice period - it is my understanding that we are obliged to give them one rental period as notice, but they are insisting the notice period is 2 months and that we have signed an agreement to the effect, we are presuming that this agreement they are talking about is the letter we signed and returned informing them of our wish to enter into a periodic contract? clarification is needed here as obviously we are loathe to have to hand over an extra months rent, and need to get out of this property as it is riddled with damp, black mould and failed double glazing units

I disagree - yes I had over a years worth of use from it but that's not the point of my post, my point being their unwanted and unstoppable update has borked my phone, by their own admission they do not know what went wrong and have no idea how to repair the phone. Plus I certainly would/should have expected a £500 handset to last longer than 17 months?

been trying to keep up with this thread but have a question - it's been active for over 4 years now, is it going anywhere?

bought a new CPU from a local bricks and mortar retailer. Today, less than 48 hours later I had cause to return it, the CPU appears faulty as it keeps screwing up my system. I have performed extensive testing and as all other components in my system have not been changed for 18months it is becoming fairly obvious this new CPU is at fault. retailer has said they do not accept returns on CPU's as I have opened the box to get it out and so they have to test it to check for faults. I reminded him it was less than 48 hours since the transaction but they still refused a refund. I explained I did not want a refund but actually wanted to spend more on a different CPU. I checked their terms and conditions VERY carefully and nowhere does it say anything about not being able to return opened items except for software. This is not the first time I have returned a faulty CPU to this retailer, the last time I tried I did let them test it and they said no fault found. I contacted the manufacturer who took it back, tested it and agreed it was faulty. But I digress - what are my rights here? there's also an issue with the way they processed my payment, I paid with my debit card and it appears it has been processed as "customer not present" (even though I was standing at the counter) as I was not asked to sign or enter my PIN, and as I watched the chap on the till manually entering my card details he flipped it over for the 3 digit security code on the back. I have extensive experience of using PDQ machines for card payments and this just struck me as a little odd - does this mean that my transaction could be construed as distance selling? in either event can I pull them on DSR 7 day rejection or do I have to wait until monday to try and argue it out with their manager who "wasn't available, he isn't in today" or should I just go back all guns blazing and DEMAND a refund under my statutory rights? as it is I have already been belittled and embarrassed by their staff and while no stranger to conflict (i'm an ex-landlord) I don't particularly enjoy it advice please

egg card/account is from 2000. account is in dispute from 2008 when they failed to furnish CCA. will have to check through paperwork for notice of assignment but aktiv are about the 4th DCA to handle this since I put egg on notice in 2008

agreed, but how can they have an agreement that I never signed? it doesn't exist as I never signed anything. Account has been in dispute since july 2008.

sorry, you lost me there - please clarify?

egg passed account on to aktiv. they sent the usual threatening stuff, I replied with the "I am bemused letter". They sent several replies saying they were waiting for confirmation from egg. Got another aktiv envelope today, covering letter has me confused so I need clarification please - it is the letter I originally got from egg claiming to be "your credit agreement request" but egg's address has been replaced with aktiv's? the letter is an absolute copy of the original egg one but the address looks like its been cut and pasted, so it's confusing as its in egg's typeface and branding but purports to be from aktiv. also, I quote the following from it : "The true copy provided: Reproduces the original terms and conditions of your agreement together with the original interest rates, as accepted by you at the time of your application Does not include the signature box, signature or date of signature as in accordance with regulations 3(2)(b)(ii) of consumer credit (cancellation notices and copies of documents) regulations 1983; we are not required to provide them" In addition we have enclosed for your information your current terms and conditions This completes our obligations under the consumer credit act 1974 including related regulations and satisfy your section 78 request does it comply? have they satisfied my request insomuch as admitting they haven't got my signature as I specifically requested they provide a copy? what next?

OK - here goes, bought a SIM free "offline" iphone 3gs 32gb from the online apple store in october 2009. Handset worked flawlessly until a recent itunes update, now handset is unusable and just throws out "error code 9". I took the handset to an apple store who did all the necessary checks, and admitted to me that they have no idea what "eror code 9" means. When I asked them what they were willing to do about it, they told me that as the handset was unrepairable I could pay the repair fee of £139 and they would give me a new handset. I strongly disagreed with this and pointed out that their update had apparently busted my phone as it was in fully working condition before my iphone tried to "phone home" as it were. As I had started to make noises in the store in front of potential customers to the manager along the lines of the fact that I had paid over £500 for this phone and now that you have busted it you want me to pay again, he immediately reduced that price to £79. He replied that as the phone was "X" amount of days out of warranty he was doing me a favour by offering me a new phone for the price of a repair. I reminded him that under SOGA this handset was not as durable as it is reasonable to expect. I again rejected his offer, asked him for his contact details and left the store. I have since spoken to trading standards (NOT consumer direct) who are in agreement that they should replace the phone FOC as they are in breach of the supply of goods and services act in that any update from apple can be construed as a service, and that any service must be carried out with reasonable care and skill and that the service has to be effective. So, to simplify - my phone was working. It contacted apple for an update. They sent the update which bust the phone. They have admitted they have no idea why and want me to pay for another phone. I have written to apple HQ in ireland and Uxbridge giving them 7 days to reply (which was 4weeks ago) all registered, and received no response. I am forwarding details to trading standards for help and am sending an LBA to apple but before I do has anyone any pointers or advice as to what I can expect or help with the wording of the LBA?

thanks for the reply, but to clarify it is not my current account it is a savings account, and there is no credit card account any more?

OK - here goes sent natwest CCA in 2008, they came back with nothing so put them on dispute. All letters sent recorded, no response. I have received a letter today in which they claim they are now going to set off the alleged debt against my savings account as there are sufficient funds in the account, the trouble is the account they are talking about is a savings account containing a substantial amount that is the residue of my late fathers estate and that I set up the account when he died to pay in all his assets - once this was complete it is then up to me as trustee/executor of his estate to divide the funds between myself and my siblings as I see fit - so in essence the funds are not mine, but belong to myself and my siblings. can they do this? what is the suggested course of action?

about may 2008, went through everything as I should re the CCA etc. but to the usual no avail. no documents or agreement provided then or since

thanks for the response, understand what you are saying but would like to try and do summat about this as my partner and I are about to apply for a mortgage as we've been renting for 10years and want our own. would also like clarification re the egg "satisfied" bit and the aktiv "default" bit, as I understand it I never had an agreement with aktiv? or maybe my head's bollock$ed with trying to take in too much!?!

as above, EGG have sold the disputed debt to aktiv who have been sending the usual letters - ignored of course. My egg is pre 1999 in that there is no and never has been a signed agreement. they have had CCA but sent the usual "we don't need a signed agreement" But now I come to my "unusual query" in that I have got my credit report from experian that shows the egg debt as being "satisfied" and the aktiv one as a default? obviously I want to get this removed but don't know how to go about it. I've not been on the forums for a while and have been doing some searching and lots of reading, from what I can gather I have to SAR aktiv and send them a LBA, plus contact experian to tell them they are in breach of data protection? any advice as to my next move would be greatly appreciated

thanks for the response - I've already sent a letter off which is virtually word-for-word what you advised, I know through experience that if anything is lost by royal mail through this service it's down to the sender to chase it up. They did send me proof of posting with a tracking number but it's useless until the item is actually delivered. Item wasn't delivered, it wasn't signed for and so will now be returned to sender. I also happened to mention that I am a trustee on the local trust and should they continue to harass me for this money I will be writing to/speaking to the governing board. I'm also going to email my local MP or better yet just go to his next "surgery" at the town hall 'cos he can't ignore me then!! for all his faults though he just loves stuff like this and there's an election soon ............

our microwave purchased 5 months ago has developed a fault. We've read the SOGA 1979 but need some clarification - are we obliged to allow them to attempt a repair, or can we just demand a replacement or a refund? We have no faith in their repair procedure and would just like a replacement or refund and are quite willing to instigate proceedings. How do we do this?

have searched but can't find a similar case basically, had a check-up at my local hospital. consultant prescribed me 2 items. went to the pharmacy to collect but had no means of paying at the time (wallet left in car doh!!) they said OK and would invoice me at home. they only had 1 item in stock, which I took, the other would be posted to me when available. I never received the item but the hospital are claiming I owe for 2. have tried to explain over the phone, but they are now threatening DCA for the full amount. recently received a letter with a proof of posting, and noted that item was sent recorded signed for. nothing has been delivered, nothing has been signed for. I've checked track and trace but it's showing as "no information available" I've told them i'm happy to pay for the 1 item I got, but not for the other, which I reckon is fair enough. DCA's don't scare me, especially for £7:20, but I really don't want to get into it with them. any help/comments much appreciated

i've got the mobile number of the scab that called today, i'm now going to scour the net for a dubious "contact website" and post it up on there, it's time to "get bobby brown on his a$$" (2 can play that game) anyone know any really good (bad!) sites to go to?

they've been warned in writing not to come - what would happen if my "large dog" got out? theoretically?