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Saw a notice round the corner from my local train station about legal name fraud. It stated its illegal to use a legal name. What's all that about ?..
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My employer recently (four months ago) ran a day (8am - 5.30pm) and night shift (5.30pm - 4am). They gave notice to end the night shift, offered the night shift employees options of jobs on the day shift or redundancy. My employer is now discussing whether to change our current day shift to a double day shift of 6am - 2pm/2pm - 10pm. Will they have to offer us redundancy if some of us cannot work this new shift for family/childcare reasons? -
Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract should I be aware of this. The vendor painted over the damp walls and made the property look nice so there was no way of knowing the hidden problems just by seeing it. My case was last month and the Judge stated that I had no legal standing with my claim and on the caveat emptor principle dismissed it. I was never allowed to present my case or ask the vendor any questions. The whole case was about 15 min long during which the Judge talked. The vendor was not asked even 1 question. To take this matter to court cost me £800 already and I feel I have been treated badly and did not get proper hearing. So I wonder how do CPR’s 2008 regulations protect buyers from cheating vendors? Also I feel that Judge failed to deal with all the issues that were put to him as per section 68(2) a and d of the Arbitration Act 1996. In fact he did not deal with any. I am considering an appeal any help/advice would be appreciated. -
It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA. Well section 69 certainly does not say that. Now I know people will say yes but look here The County Courts (Interest on Judgment Debts) Order 1991 This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???
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Hi all, Been a while and I find myself on here hoping to get some advice I bought a nearly new Audi from a main dealership last month (15th) on finance (VWFS) I literally drove it from the dealership to the house and that was it until the next day where it "seemed" fine. The day after, I found myself having to email/book in the car for a number of rattles/squeaks - one of which was fairly obvious, another not so but loud enough to record it on the phone. It got seen to the following week and came back with the main noise fixed - the other could not be replicated. Soon as I left, the other one came back along with a few more such as suspension noise/squelch on their ramps etc. Turned back but it was shut so another email went over. I then called, no reply to both. I got busy but last week finally email again to find the service guy had left the company. I therefore sent an email to the sales guy + his manager outlining some 10 issues with the car - mainly rattles/squeaks This got sent to the service manager who in fairness has been very polite and has booked it in for this week. In the mean time, I have been just looking at the what if scenario - ie: if it comes back with similar/same/more faults. So what I proposed is to return the car, and I purchase another from their group that is around 4k more. Hopefully get some dealer contribution in, and I top it up with more deposit money to keep payments the same. This was rejected and was told that they could only buy the car back which would be around 8k less than the one I proposed to buy. So I guess my question is: 1. Do I let them fix and cross my fingers 2. Is there any way to use the Consumer Rights Act 2015 despite it now being past the 30 days (but initial issues reported within the 30 days) While most faults are not detrimental, I just feel the car might have been potentially abused in their possession as a ex-demo car and while I have 3 years warranty ... this could end up being in the dealership more than with me. Appreciate your thoughts
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Given the degree of misunderstanding about an N245 Application (together with inaccurate advice about enforcement of a writ of control by a High Court Enforcement Officer) a debtor is reporting online that her debt has increased by almost £1,000. Background: On 2nd December the debtor posted that she had received notification from a High Court Enforcement company that they were enforcing a CCJ. She made clear that she wanted to pay the debt within one month of the date of the judgment (17th November) so as to ensure that her credit rating was not affacted. On receipt of the Notice of Enforcement she contacted the enforcement company to advise that she could not pay immediately and wanted to make an arrangement to pay by the 17th December. As this was outside of the Compliance stage, the enforcement compoany correcrtly advised her that any arrangement would involve a personal visit by the Enforcement Officer and a Stage 1 fee of £190 plus vat would be chargeable. She was advised to file an N245. She was wrongly advised that enforcement would cease. ON 11th December she made a series of desperate posts as she was having trouble completing the N245 and was becoming very anxious as the matter had to be resolved within 6 days (by 17th December) otherwise a record of the judgment would appear on her credit file and remain there for a further six years. On the same day (11th December) she was advised to pay the judgment debt £890 (minus bailiff fees) online to the creditor. She did so. She also file the N245.....and paid a court fee of £50 Yesterday, she posted back in desperation. The enforcement officer has once again visited and the debt has substantially risen to £1,928 (Stage 1 and Stage 2 fees have been applied). The enforcement company stated that they had contacted the creditor a few days beforehand and that apparently, their records did not record her direct payment. This has now been amended. National Debt Line have advised her that the enforcement agent is indeed entitled to his fees. The court have not yet received a response from the creditor in relation to her N245 Application (which is about right given the Christmas period). She has now been told to file an N244 in the High Court. The McKenzie Friend has offered to refer her to his ‘solicitor’. She needs to pay another fee of £150 for this. This is in addition to the N244 fee of £155. -
I was in a legal dispute with a University over a discrimination issue. It was concluded by Consent of Order and I was awarded damages, but without admission of liability by the University. In the Order it stated the matter against the Defendant was concluded. I have a couple of queries... 1) Could I bring a claim against a couple of individuals from the University - as my previous claim was against the University, not individuals. I am not looking for financial award just a declaration of victimisation. All documentation and Court papers has the Defendant as this particular University. 2) The Defendant was ordered (by consent) to pay damages - but without admission of liability. Would people infer the University was indeed liable - because of the damages they had to pay and that 'without admission of liability' is the equivalent of pleading 'not guilty'. -
Need some advice here as I have ran out of ideas. I am 11 months into a 24 month contract with O2, About 2 months ago my signal at home has gone from being average to non existent. I let this run for about a month until I contacted O2, the time I contacted O2 they happened to be doing work in my area, I explained this has been an on going thing not a 1 day event, they wouldn't listen and put it down to this work being done. I contacted them several times over a week and got the same reply. I then contacted the CEO, they called me straight away in fairness and said the same thing. A few days later O2 send me a text saying work has been completed but I still had no signal I contacted the CEO again who said wait another 24hrs, so I did and still no signal so I contacted them again and they avoided me and its been like that since. I lodged an official complaint and got an auto responder saying they would respond within 7 days, 7 days came and went no reply. I contacted customer services rather ****ed off at this stage, they transferred it to level 2 technical support who told me they would do an investigation and get back to me, of course they didn't so I contacted them again, they completed their investigation and told me I am in an area with very poor to no coverage, they told me there was nothing else they could do to help so sent me back to customer services to discuss my contract options, customer services said basically tough, signal is not guaranteed. I lodged another complaint 7 days came and went no reply, contacted the CEO again and no reply so that's where I'm at now being avoided with no signal. What do I do next? -
HI GUYS Just doing this on the behalf of my bro who is 26. He has been off work for 6 months now. He has a part time job cleaning a school. He is still sending in his fit notes to his manager but wants to know if he can also have his holiday pay with it. The holidays restart from 1st jan next year. His contract says that he can't take any holidays over to the new year. So where does he stand? His manager don't tell him what's going on and mostly keeps him in the dark. Can he asks to speak to someone over this like HR? Any advice would help him lots thank you in advance! -
Bankruptcy - Does he still have "beneficial interest"?
adw1104 posted a topic in General Debt Issues
In 1996 my husband was declared bankrupt following a business failure. At that time I took over paying all the mortgage payments including all the insurance endowment premiums. At that point there was no equity in the property. In 2006 the Protracted Assets unit of the Official receivers "took" my husbands share of the property and the endowment policy although, by that point, I had been paying all the mortgage/insurance premium payments for ten years I made no effort to prevent them from doing so, I realise that was probably a serious mistake but it's spilt-milk now. The property was eventually re-mortgaged (in joint names) to pay the receivers and my husband's name remains on the deeds, just because we never took it off. We did sign a Tenants in Common agreement giving me 100% of the equity in the home but did not enter it with the Land Registry, because we didn't anticipate another bankruptcy situation would occur. I continue to pay all the mortgage payments and all the endowment premiums with no help from my husband to this day. As a result of another business failure my husband is now considering bankruptcy again although he is in negotiation with his creditors, they are not showing much enthusiasm to agree a reduced settlement presumably because they can still see his name on the house deeds. He cannot get a DRO or IVA due to the size of the debt and his lack of income at present. All the debts are credit cards and therefore unsecured. The endowment policy has recently matured and I have the funds secured in my own private bank account. I paid the premiums for 20 years and I consider these monies mine. The interest-only mortgage is due in about ten months and these funds will be needed along with other investments that I have made alone. What I want to know is: Given that my husband has contributed nothing to the mortgage and endowment policies for the last 20 years are his creditors or the receivers going be be able to get at my home, again, simply because his name appears on the mortgage and deeds? Will either be able to claim a share of my endowment savings from my own account? Is it worth me instructing my own solicitors to protect my interests should court or bankruptcy proceedings begin or will I just be wasting my money? Thanks in advance for any advice. -
for the rest of the year ?
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Having been contacted several times of late asking for help there appears to be a lot of confusion over what Form to use, what application you make and where to send it once complete. Before going too much further can we establish that actions which originate in the High Court have all their applications made to the High Court. The confusion seems to arise for County Court Judgments (CCJ) that are either transferred up to the High Court for enforcement or enforced by the County Court Bailiff (CCB). Stay of Execution Form N244 If visited by a High Court Enforcement Officer (HCEO) you may be able to apply for a Stay of Execution against the Writ he has. You do need grounds to be able to do so and each case has to be treated on its own merits. It is no good just applying for a Stay just because someone says you should. If making this application it can be posted to the High Court in London or sent to a County Court that also acts as a District Registry of the High Court. If the application is urgent then it should be taken in person and ask for an urgent response. You must enclose the appropriate Court fee with the application unless you are entitled to have it waived in full or part - see below for further details. The Stay may be granted on an interim basis pending a full Hearing at a later date. Please note that if a CCJ is transferred up to the High Court it is for enforcement only and all other matters remain the jurisdiction of the County Court. Set Aside Form N244 If applying for Set Aside for a CCJ then this Form must be sent to the County Court where it was originally made or the last County Court listed if other representations have been made. You need to have a good reason to succeed with this, just because you did not receive the original documentation is not enough unless you can also prove the original would have failed. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details. Suspend the Warrant and/or Variation Order Form N245 If visited by the CCB you can apply on this Form to Suspend the Warrant of Control he has. In. with this or as a stand alone application you can also apply to pay your Judgment in affordable instalments - providing you can show why you cannot afford to pay it all at once & your I&E you submit shows no extravagant expenditure. You may apply to have you payment more than once if you have a change of circumstances but also note the Claimant may also apply to have the Judgment varied as well. The application needs to be sent to the Court where the CCJ was last dealt with. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details. Application for Fee Remission Form EX160a & EX160c You will need this if you feel you cannot afford to pay the Court Fees and may be granted Remission in full or part. You must supply the proof required with your application & if making more than 1 application then proof muct be sent with each. -
In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
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Well,i am back again.When many of you post it gives me ideas. I like it in here.Sometimes it frightens you,sometimes it enlightens you. Enough of that,could go on for a while,ramble on for ages if left to. So what tips have you got for home and garden.Maybe handed down to you from your family generations ago.Maybe last week. I have seen two on another thread but will let them find their way here and tell you themselves. So who is first going to give us a tip. Not one for the 2-30 at Doncaster Race. -
Hello, I am working my first real full-time job after graduating from university in 2014. I started on December 1st 2014 and have so far taken 10 days off on holiday. I have another 4 days booked off. My employer has indicated that he is unable to give any further holiday and I will not be paid for the remaining 14 days holiday this year. I have tried to make an arrangement with my employer whereby they offer a day off here and there (as my employer has stressed that they cannot be short-staffed for black periods) so that my 28 days holiday is reached however this seems unlikely. I say this based on the fact that my colleagues have suggested that in the past, they have generally not been given anything more than 10 days or extra pay to make up for the holiday not taken. If I am honest, both the owner and general manager of the company seem shady over the issue of holiday pay. The owner has also previously made me feel guilty about wanting to take the full holiday. Whilst I understand that since I have not worked a full year here yet I have not fully accumulated the 28 days holiday. I am posting this in advance so that I may be fully informed about appropriate procedure in this case. If anyone has any advice as to what I should do please let me know. No employment contract has been signed and there is no real process for dealing with issues in our workplace. Thank you. Useful information: Currently nothing in writing No employee handbook No contract signed -
Hello Please could someone clarifiy how the CSA calculates NRP payments on savings and property? It's been several years since I researched this topic, but my understanding in the past was as follows: They can only assess savings over £65,000, so if you had £100000 in savings they would be interested in the last £35K. They then assume you are earning a fabulous 8% income from this investment! Therefore the income figure would be 8% of £35,000 which is £2800, and the payment would be the usual 12% of this amount, as it is with your other income. So the payment would be £336 per year. Is this an accurate interpretation of their rules please? It's a bit confusing because on other forums some people seem to think that if you have savings over £65K then the CSA would assess the whole amount, so that would be the full £100K in the above example. I don't see how this could be true because there would be no incentive not to just spend any savings above £65. Thanks for your feedback
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I proved that BG had overbilled for six years and I believe the documentation establishes proof that they accpeted this. When finally pushed in a corner, they refunded one year of overbilling ayaing that they were not required to go back more than one year. Can this be correct? Eam -
How bad is "The Work Programme" and does it ever help?
Fragil1ty posted a topic in Benefits and HMRC
So essentially, I'm just going to provide a little bit of background information and then I'll get to the question at hand. I'm a University graduate with a 2:1 honors degree in Web Systems and Development (i.e. A Web Developer). I finished University in 2013, I worked up until July 2014 and have been out of work since that time, I have had freelance jobs here and there to help me along the way, but essentially, I have been out of full-time employment since July 2014. Without trying to toot my own horn here, I'm portraying this across to simply imply, I have a lot of qualifications and I have a fair amount of job experience, I have worked with over 5 individual clients, had jobs with 3 different people (from July 2013 - July 2014), so it's not as if I'm in short supply there either. So to get onto the actual topic. I've been on JSA since July 2014, but recently when I went to sign on, one of the advisors there informed me that because I had been on JSA for 12-months, I am now being transferred to "The Work Programme", she didn't tell me much about it, nor did the person who I had my interview regarding the appointment to set-up TWP interview. The sad thing that I happen to see reoccurring all the time is that, The Work Programme is a pile of crap, essentially. I have read no good stories about TWP, no advantageous results of being on TWP, it just seems like it is a gigantic waste of my time and it's going to be more hassle than it's worth. So I guess my question is this, typically what does TWP entail? Has there been any benefits of being on TWP and as someone with a heavy Computing background, will that help me with TWP. I've read that despite your qualifications, you are usually thrown into retail work (shops or whatever) just stacking shelves for 2-4 weeks, you then have a 2 week gap and then you're back on the next job, rinse and repeat until you eventually get a job out of it. I just don't really see how I or anyone else currently on this programme can take it seriously knowing that you're going to be in a place surrounded by other full time employees knowing that they are getting paid minimum wage while you're there working for close to £1.2 p/h? It just doesn't make sense to me. If anyone could fill me in, help me understand this a little bit more, that would be great. -
My friend Lee, who I posted about on here a while ago, cannot work as he has severe epilepsy. He had his money stopped and was told to get a job, but won his appeal a while ago. All benefits have just been renewed this year. with no problem whatsoever. He gets ESA and is in the support group. He gets DLA at high rate. He has his rent paid by HB and also his Council Tax. He lives in a one bedroom ground floor council flat in a lovely little block, and has done for 20 years. The extra money has enabled him to kit it out so his home is safe as it can be for his disabilities. 4 years ago his father was involved in a dreadful motorway pile up in which his partner and her grandson were killed. Dad was severely injured and never recovered, and died earlier this year. He was a simple man, owned nothing, and there was no will. The insurance company who dealt with his claim paid out last week to the tune of 174K. Lee´s older sister dealt with it all entirely, Lee would not have been able to deal with it. The money has been paid to the sister direct. Lee now has access to 86K which his sister is happy to transfer to him whenever he wants it. He´s still reeling from his dad passing and this news coming four days ago has actually depressed him. (Shock if you like, not knowing what to do and the responsiblity of such a large sum of money). NOw, we have never dealt with anything like this but think we have a plan! We think Lee should buy his little flat from the council outright. That ensures a roof over his head in an area he loves, for life, as well as an excellent investment for him. What is concerning me, obviously he has to tell DWP about this . Clearly his benefits will have to be stopped, but does he keep his DLA? And if he buys the flat, and spends some money on making it perfect for his illness, would the DWP see this as squandering? A daft question perhaps, but who knows in this day and age. I realise he will be expected to live off his savings until they reduce to 8K when that happens, do the benefits get reinstated, or does he have to reapply and go through all that rigmarole again? And finally, and if I am asking advice on something illegal, apologies, I simply do not know, since this money has not been willed to Lee and is in his sisters name and in her possession, what would happen if she just paid for his flat, and then hung on to the rest for whatever comes his way in the future? Like, if she went on a huge family holiday and paid for lee out of that money, that sort of thing We just want to make sure that Lee is safe for the rest of his life (he is 40) in the best way we can. He is extremely vulnerable. Thanks for reading and we welcome any advice or pointers as what should be done.
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My wife has a LA PCN for stopping in a box junction which she doesnt think she did . She followed the link to the online info that shows 4 pictures of the car all off the box apart from one where she is half into it. So how do the council decide if you were stopped in the box or passing over it? Thanks for any help Sam -
Hi All As title stated, how can insurance company cancel policy for no reason or even false reason. I had a motor transportation insurance which been cancelled by the insurance company with no reason giving and even without my knowledge, Did read some thread over here claiming insurance company only require to sent a recorded letter regardless if received or not and regardless of the cancellation reason. The cancellation has cost me so far £20000 refund for customer's booking. hire purchase, rent , mortgage, wages. and had to shut down my business totally as no any other insurance company are willing to offer me alternative insurance due to the crazy cancellation. this is the first question i been asked by the other insurance company did you had any policy cancelled or void, obviously i have to say the truth and have nothing to hide, i do have a clean licence with 10 years no claim bonus. when i did contact the insurance company ( the broker ) claim it is not them who cancelled it and i need to speak with staveley head, spoken with them they claim i have no space at my house address to sell cars or to keep my recovery trucks, but i am not trading from home,never said so, and they already has my industrial estate business address, then they change they word and says the industrial estate showing as Tesco site, then no it is a caravan site !!! well there is a caravan site at the end of the industrial estate but has nothing to do with me, also Tesco is 2 miles away, however they asked for pictures of my unit and yard space around and i did sent them all pictures and even with video. the insdustrial unit has a large yard of 800 Sqm , then to the date no reply what so ever even after i sent 2 other email and recoded letter. I am so close to be a bankrupt and have no idea what do it, it is been well over a month now and don't even have fund to pay for a solicitor as i have to keep my payment for the hire purchase vehicle , did make a complaint to the financial ombudsman however they claim i have to wait 8 weeks if no reply from the insurance company, thinking about taking a legal action myself, however there is no much information online about the real truth if the insurance company in UK have the right to cancel any insurance policy regardless of the reason or not. any help will be much appreciated -
Hi, been in a DMP for circa 4yrs+ now so my original defaults I guess were registered at the time I started to default which is probably circa 5yrs ago. I have opportunity to clear one of my creditor debts (£800) and contacted them hoping for a good percentage but they would not go below 75% settlement (ie offered me 25% off) . I had hoped for 50% as they had offered me that much back in 2013 but now say my account rules have changed because I am in regular DMP payments. I have been offered the full amount by a family member but to be honest as my credit rating is shot anyway I am unsure what actual benefit paying the full amount now is. Would it be £200 down drain when I could either not take it off my family or put it towards another creditor amount. Will paying the full amount remove the default - can I make that a term of full settlement? I was told that a default is only on my file for 6yrs but is that from the time it was registered or from the time it is settled either regardless of in part full. Seems stupid to 'waste' £200 if indeed it has no affect on my default listing / ratings at all. A quick reply would be very much appreciated as I want to finalise this settlement this month, July, if possible. Many thanks -
Work Programme Providers, Mandatory Work Activity Providers, Community Work Placement Providers, all have at least one thing in common, they are all under a contractual obligation to DWP to provide it with a service. The actual Placement Providers who participate in those DWP schemes , your charity shops, supermarkets etc., have a contractual obligation to provide a service to the above mentioned Providers. Under the laws of contract, either party to a contract can sue the other for damages or compensation if any breach of the terms and conditions of the contract occurs. The question is, where does the claimant stand vis-a vis those contracts? Could s/he be regarded as a 'third party' to the contracts? If so, would the "Contracts Rights of Third Parties Act 1999" apply? Prior to 1999 at any rate, under the common law, a person who is not a party to a contract (third party) is not able to enforce any of the terms or conditions of that contract, even where the contract was made for the purpose of conferring a benefit on that third party. I would suggest that it follows from that that the third party, the claimant say, can't have terms and conditions agreed between the 'promisor' and 'promisee' to the contract forced on him/her. The "Contracts Rights of Third Parties Act 1999" changes this. According to Section 1(1) a third party can enforce the terms of a contract if the contract says that he can or if the terms purport to confer a benefit on him. So, if the contract between Provider and DWP promises to confer a benefit on a third party (the claimant), such as an improvement of his/her condition, employability, etc., or provide individual and targeted instruction/tuition, and those are not forthcoming in full, then the third party can sue. Whatever the contract provides for I'm sure it does not allow for the third parties to be 'parked' in front of a monitor for 75% to 80% of the duration of the 2 year contract without any attempt at honouring the provisions promised them in the contract. In most agreements that a claimant is asked to sign when s/he is referred to such Providers there is a statement to the effect that the claimant can complain if s/he is not satisfied with the service provided. This would satisfy Section 1. subsection (1)(a) of the Act. Section 1. subsection (2) would provide a 'get-out' clause from Section 1. (1). For it to be valid though, both parties to the contract would have had to agree beforehand, and have it included in the contract, that they had no intention of committing to or honouring any benefits subsequently promised to the third party as accruing to him/her as a result of engaging in any activity covered by the contract. So, in my view, this takes us back to square one, where the third party has no rights under the contract because they have been written out of it. This begs the question: Under such terms, how can the main parties to the contract then enforce any of its terms on a third party when not only is any semblance of equality written out but inequality is written in? Here is the relevant part of the Contracts Rights of Third Parties Act 1999: 1. Right of third party to enforce contractual term. I. Subject to the provisions of this Act, a person who is not a party to a contract (a “third party”) may in his own right enforce a term of the contract if— ......(a) the contract expressly provides that he may, or ......(b) subject to subsection (2), the term purports to confer a benefit on him. 2. Subsection (1)(b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party. If DWP Guidances for Providers are statements which forms some of terms and conditions that the Providers are expected to adhere to, which I believe they are because Tribunals regularly refer to them and regards them as authoritative and binding, then I feel sure that we could all produce a long list showing where our right as third parties were breached whilst on their schemes, and therefore entitling us to sue them under the Act.
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Hi everyone, I am trying to get some advice on a secured loan that was taken out with Welcome Finance in March 2005 that was repayable over 10 years. Due to redundancies back in 2008 and 2011, I fell behind with repayments and I think it was November 2010 when the account was officially defaulted. When I took this loan out, it was secured on my home. However, a while back I managed to get a copy of my title deeds from the Land Registry and I discovered something quite interesting - under the section listing financial organisations having an interest in the property (e.g. my mortgage lender) I noticed that Welcome Finance was NOT listed. The account has done the rounds of a few debt collection agencies but now am repaying the debt albeit at a reduced rate. Now, if the loan had been secured, it should have been registered with the Land Registry and, if it was truly secured on my property, I would probably have received a repossession order by now ! What is also a mystery, is that in the original paper work, listing charges that they added to the loan, they added a mortgage indemnity fee of £ 1100. If the loan was not 'officially' secured, they had no right to charge me a mortgage indemnity fee ? ( as it was technically not a 2nd mortgage/secured loan, as it was not recorded with the Land registry ?) . Do I have any right to get this fee refunded, considering how long ago it was taken out and do I have any right to make an official complaint for the charges incurred when the loan was not secured, as such ? thanks Dean -
hi, I am trying to buy a UK domain name. This domain name expired in January 27th 2015. I read that when the name expires, the owner of the name is given a grace period to renew it of 90 days, then after 90 days it 'drops' and then becomes available for anyone to purchase it. It seems to have now gone past the 90 days and the previous owner still has not re-registered it. Is this 90 days correct? When is it likely to become available to be purchased by anyone?
