I feel this might be a bit unusual and cant find anything on the forums that quite fits the scenario. This relates to Walter Tipper Limited t/a Cookers and Ovens A couple of weeks ago I ordered a cooker on-line. As it was gas I also paid for installation and removal of the old one. I was given a delivery time of this week (they are custom made I am told). Monday the courier (as it turned out) called to check delivery for Tuesday and that happened as scheduled. However the courier wasn't qualified to fit the cooker. The trader admitted processing the order wrongly and offered to refund the fitting and removal charge which I declined. They re-arranged the delivery for next Thursday and arranged for collection of the one delivered. (Fitted units use a different delivery team). As there were several requests to confirm the acceptance of the new delivery date by both the trader and their contractor (all confirmed) after another today I was concerned that it wasn't going to happen so I confirmed in writing (email) that I would only accept the delivery as long as it happened on the date arranged - next Thursday. A couple of hours later I get an email saying the delivery is confirmed for next Thursday as arranged. About 50 minutes later I get an email saying they have decided to cancel the order and refunded the money. 1. The cooker is replacing a broken one so the need is relatively urgent. To place another order elsewhere will see a delay until mid to late October now so I have lost out in terms of delays. 2. They have had my money (about £1.5k) for quite sometime and so I have lost interest on that. 3. I have incurred expenses with calls and time. There terms state the contract is formed on despatch of the goods but as I rejected the goods without the installation I had paid for they claim the contract was terminated at that point even though I didn't ask them to collect only to fulfil the contract which they appeared to confirm they were doing. there is nothing in the terms which excludes any liability on their part for delays or losses etc.. The order was placed with the confirmation that delivery was urgent and I paid for a 'premium' delivery service. Do I have any options or are they able simply to bank my money for several weeks and return it with no obligation whatsoever?

After being prompted by other threads in this forum to read my Whatever Happens contract, I just discovered that laptop batteries are not covered by the agreement, even if they fail completely and suddenly. What makes this relevant for me is that my laptop battery did fail completely and suddenly, i.e. it holds no charge whatsoever. Actually, this happened well within (I think) a year after I purchased it. However I use my laptop so much that I could not justify sending it for repair until now (I recently purchased a new Sleekbook making it feasible) and have been using it plugged into the mains at all times since then. I'm astonished that a laptop battery is not considered essential to fitness for purpose and that it is expected to be regularly replaced. Oddly enough, my local Curry's store does not sell replacements for my laptop battery requiring "regular replacement". It's even more amazing that Curry's did not offer to replace the battery given that they sold it to me! So, I cancelled the "Whatever Happens" agreement for this and another old laptop just now. Apparently it is Whatever Happens, so long as it is not one of the things on list of exclusions on the policy. To be fair to Curry's, I did once neglect to send a laptop in for repair under a current agreement because I had used it (legitimately) so much in the time since I bought it that I didn't feel the usage amounted to normal conditions of operation. For reasons I don't recall, this came up when speaking to a Whatever Happens Customer Support person and they insisted that I was entitled to have it repaired or replaced, which they then arranged. On the other hand, the defects were probably manufacturing defects that existed since I bought it and possibly covered under the SOGA. Also on the other hand, the laptop came back from repair with the keyboard incorrectly installed and some keys not functioning (I since repaired it myself as this only required knowledge of how to use a screwdriver and how to ground oneself). Thanks CAG for making me aware that these support agreements are not really "Whatever Happens", just "Some Things that Happen". From now on, I will no longer hold these agreements for longer than the battery is giving me good service.

Hi All, I have for many years lay in the background of this very informative forum when ever I needed any info. And now as others I have recevied two (yep two) fines for failure to notify disposal of vehicle - for two different cars sold three days apart and the V5's (part where you sell to a motor trader) sent off using the same post box on the same day (a Sunday) as the V5's had to be given to the motor trader. I have called DVLA and informed them that I followed the correct procedures as stated on the V5 and posted the documents by 1st class post and the dates they were posted. DVLA spokesperson has stated that they have not recivieved them and the fine stands (I am over due on the one by two days as I have been abroad for three weeks). I asked them for a breakdown of the losses they have incurred from these "alleged" offences and have been advised "Nil". I have now been reading through as many posts as possible on here but can not find a letter template to reply with or something to state my grounds. But on the 5th May I sold a car to a private individual and sent the V5 to DVLA and they reciveived it and confirmed it in writing. The above cars were just me being greedy and I wanted them all till the wife said NO!! I thank you all in advance for your help

Long story but in short, bought a ford focus 1.6 tdci estate oct13th 2011, by 25th jan2012 turbo had failed, well within 6 months SOGA advise. so emailed trader twice followed by 3 recorded letters, and then took to small claims court, trader then contacted me, (surprise surprise) said he would fix car, got car back on 4th may today 2nd june turbo fails again! AA have taken back to garage what to do next ,do itake back car after 2nd repair or demand money back! Have lost all faith in car and garage! What do i do next?? regards Jill

I as the Claimant received back in July an order from the Judge with directions (which I would assume the Defendant also received). The order had three main points on it, 1. That Disclosure by List was done by the 4pm 15 August 2012, 2. That any request was received by the other side by the 4pm 29 August 2012. 3. That all parties attempt mediation, that any request made by a party must if declining mediation be received within 21 days of that request. I filed my disclosure by 15 August 2012, the Defendant hasn't, I requested mediation on the 6 August 2012 the Defendant hasn't responded. I wrote to the Defendant requesting that they file the disclosure within 7 days, they failed to do that. Today, at 5:35pm I received a telephone call with a request to email me a letter, I received that request which confirmed that they wanted to see all my documents that I listed on the disclosure list. So my question is what recommendations or comments does anyone have with this total disregard for CPR and the Judges Orders.

Hi folks, I have read with great interest all the other DVLA related threads on the forum. I think it's outrageous what the DVLA are doing, anyway, on to my predicament. Salient points are as follows Sell vehicle in September 2011 Post V5c to the DVLA the same day. The postbox is directly opposite my house! Receive a letter earlier in the year with a fine for failure to notify Then recieve a questionaire to return, which i did they now say they haven't recieved this either! Then post a letter explaining that I sent the V5c and it isn't my fault if they or Royal mail have lost it. They reply stating that this isn't a defence and are demanding payment. I do not respond to this letter (What the hell is the point?) Letter recieved today with court date set. Attached to letter is a Guilty/Not guilty form. So , my problem is this. 1. I don't have a copy of any of the paperwork I sent to them, even the one letter they do admit to recieving 2. I am unemployed and without funds for legal representation So I am left with two options as I see it. 1. Plead guilty and ask whether I could pay the fine in installments (The thought of this makes my blood boil) 2. Attach a covering letter to the 'not guilty' form outlining the fact that waiting for a letter from them to confirm the vehicles disposal and therefore them recieving the v5c is not a legal requirement and that sending the V5c to the DVLA constitutes informing the Secretary of State. And that this would be my defence when attending court. If I go with option 2 I would need some assistance with the wording or I'll end up making a real hash out of it! Any and all suggestions are welcome Many thanks Simon

Good afternoon, I ordered some goods online. They promised to deliver on one day, they failed to turn up. I called to ask what happened and they rearranged it for the next day, again they didn't turn up. I finally got it on the third day but in total I had to take three days off work. I understand that the first day taken off work is at my expense but I had to take a further two due to their failure to deliver. Am I entitled to a consequential loss claim? I sent them a formal complaint and explained this to which their auto response said they would reply within 5 days. Two weeks later I called them today and they said nobody had read it. After reading it they are refusing to cover my loss of wages due to their breach of contract and failure to deliver. What are my rights here?

Hello, This might be a rather lengthy story any advice is much appreciated. Here it goes: August 2011 - sold a car August 2001 - send a V5 document to DVLA via first class Royal Mail September 2011 - received a letter saying that somebody applied to be a registered keeper of the vehicle and that no action is necessary if I believe there are no suspicious circumstances regarding this registration. As I just sold the car I Ignored the letter completely. October 2011 - received failed to notify letter from DVLA demanding a payment. Following the advice on the forum I sent the form included and this letter to DVLA via Recorded, signed for service. The letter was delivered. Here is the letter: I have recently received your letter stating I failed to notify disposal of vehicle. I sold this car in August 2011 and send V5 document via 1st class post to DVLA.
Few weeks later I received a letter saying that somebody applied to be a registered keeper of the vehicle and that no action is necessary if I believe there are no suspicious circumstances regarding this registration. As I just sold the car it seemed to me like a standard process, so I did not contact DVL at the time (as per advice in the letter). Below are some legal points of which I have followed: The Road Vehicles (Registration and Licensing) Regulations 2002 “Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader 22. (2) The registered keeper of the vehicle - (a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and (b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following - (i) the name and address of the new keeper; (ii) the date on which the vehicle was sold or transferred to the new keeper; (iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and (iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.” Interpretation Act 1978 7 References to service by post “Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.” As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above. 
If your procedure stated any different for example it needed to be registered post I would have complied as requested. I will not be held liable for a fine due to loss or negligence. Please treat this letter as my not guilty plea; I simply will not pay penalties for an offence I did not commit. I have done everything asked of me and you will have to take court action against me if you wish to pursue the matter; but I can assure you I will be claiming expenses occurred from loss of earnings, travel costs, etc. if this goes any further. As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2 “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” I await your correspondence on this matter and a quick response will be grateful. Regards,
 [signature] - never heard from them again - - till TODAY - August 2012 - received a letter from Court that I have 10 days to pay £280 fine or else... No explanation, nothing, just a case number, automated payment line number and phone number. Called the court. DVLA took me to court in April 2012 and I failed to appear so found guilty and got fined £280. Now... got scheduled a statuary declaration in 2 weeks time in Court where I can take an oath that I did not know anything about the case (or something like that). The woman on the phone admitted that all correspondence was sent my previous address and it is their fault for not updating records. I asked how this was possible when the very first and the very last letters were sent to my current address... She did not know the answer. Anybody knows what happens next? Anyone was in a similar situation? Do I need a lawyer / barrister (whatever these people are called) Thanks a lot.

Hey all, I have been in receipt of housing benefit since becoming a part-time student in October 2011. I will be entering post graduate full-time this year, however I seem to be having concurrent problems with housing benefit. I will have full student funding next year, however recently I incurred several rent arrears and as a result I was taken to court today. I paid off a substantial amount of rent arrears and as a result there will now be a continuance. Housing Benefit have failed to provide the rent required for the last year. This is due to incomptence. I currently work part- time and am earning just over the fresh hold which effective entities me to full-housing benefit. Due to arrears, which have since been seen as un-founded by my housing association, I have landed up in these arrears. I am planning on paying off the rent n full over the coming months as I have taken on a substantial amount of over time (effectively reducing the amount of benefit received), however they currently owe me a substantial amount and have been unwilling to pay. So my question is really is there any action or further action I can take such as court to recoever the money entitilement they have failed to provide. This is the second time I have been on benifits and was lead to beleive any previous over paid amounts had been paid off. I am looking for some or any advice on steps to deal with there failure to provide the correct amounts each month. Thank you for the help in advance.

Hello, Can any please help, i received a summons for failure to provide information to an alleged speeding offence, i did not receive anything but the summons. I wrote back pleading guilty but putting in mitigating circumstances that I had not received anything but the summons, i received another court date saying i had basically made a contridictory plea. My court date is the 6th Aug, but im seriously considering writing and pleading guilty, I was going to get a statement from my local post master for court, but he has since passed away, I have one from another address that I receive post for and the receive post for me, there is another address but there's never anyone in when I call round. Please can anyone help, its making me ill im that stressed. Thank you in advance

Hi just returned from Trafford Magistrates court courtesy of a Requisition inforced by DVLA to answer the charge of failure to notify. The vehicle in question was sold 2yrs ago DVLA contacted me 6mths ago.... long story short took advice from the site told their legal eagle i wasn't legally bound to chase up and do their work for them.......... Victory

The cambelt on my 2004 Citroen C8 recently broke due to water damage. After 8 weeks in the garage and a large repair bill, I am now starting the process of contacting citroen to try to claim some of my money back. It appears that they are fully aware of the problem but have not recalled the model. The cambelt broken long before it should have. I have been told that other people have succesfully claimed their costs from citroen in the past for the same problem. I am interested in hearing from anyone who has done this. Or if anyone has any advice that would be useful. many thanks Alex

Customer Update Many customers should continue to see an improved position on their accounts today, with account transactions continuing to update. We now expect that next week (commencing 9 July) will be the final week of any significant delays for Ulster Bank customers. We expect gradual, but significant and noticeable improvements throughout the remainder of this week and next. It is our expectation that by the week of the 16 July the vast majority of customers will return to a normal service. There may be some final reconciliations required to customers' accounts.We will provide updates daily on our progress. You can find out more by reading the latest media statement from RBS Group. We know this disruption to our customers is unacceptable and we're committed to doing all we can to help as many of our customers as possible. 42 of our branches will have extended opening hours from 9.30am to 7pm until Friday 6 July. . To help us facilitate your requests, please bring photographic identification and your account details (account number and sort code) . Please bring your payslip if the balance does not reflect any salary payments. We have also doubled the number of staff available in our call centres. Our dedicated help desk is open 8am to 10pm to take your call on 0800 231232. If you are calling from abroad please call +4428 90843556. We confirm that no customer will be permanently out of pocket and there should be no adverse impact on customers' credit ratings as a result of this incident. We will continue to post daily updates here. Follow us on Twitter @ulsterbankgroup Key Questions on Customers' Minds How can I access cash? If your balance does not reflect up to date payments due into your account, please come to any Ulster Bank branch with your photographic ID and your account details. Please bring your payslip if the balance does not reflect any salary payments. Ulster Bank credit card holders may also use their card for cash withdrawals from an ATM; no cash advance fee or interest will be charged for using this service provided the amount withdrawn is repaid within one month of the withdrawal. What is the situation with lodgements made to my account? Electronic payments are being received into accounts but they are delayed. If your salary, pension or welfare payment was due to be paid into your account before Thursday 21st June, this is now in your account balance. If you were due to receive your salary via an electronic payment between Thursday 21st and Friday 29th June this may not yet be in your account. Lodgements of cash or cheques made over our branch counters from Wednesday 20th June are receipted but have yet to be credited to customers' accounts and will be credited as we clear the backlog. What about my direct debit, will it be paid? Direct Debits that were received between 21st of June and 3rd of July will be paid; however, you may not see these reflected in your account until our systems have been fully restored. Direct Debits up to 20 June have been processed as normal. You may wish to let the beneficiary know that there is a delay. We understand that customers are concerned they might get disconnected from a utility or service provider if their account is not paid. We would like to reassure our customers and those of other banks, that we are working with other banks, service providers, insurance and utility companies to make sure that, as a result of this issue, customers will not be without their services, will not be permanently out of pocket and will not have their credit record affected. Is Anytime internet and mobile banking operational? Yes, our internet banking and mobile services are available to allow you to view your accounts, make transfers and pay bills. Please note that you will only be able to make transfers and pay bills on Anytime internet or mobile banking up to the stated balance which may not be up to date. As we update our systems there may be times when the service is temporarily unavailable; if this happens please try again later. Please remember we will never contact you to ask you for your PIN or password. We have suspended our text balance service while we resolve this issue.

Hi. Seems to be an epidemic of this happening according to these forums. In May 2011, I sold my old car and duly filled in the V5C and posted it. In around July, I moved house. I setup a Royal Mail forwarding service to forward mail posted to my old address to my new address. It would then appear that the DVLA did not receive the V5C, as they sent a Failure to Notify letter to my old address in September. Understandably peeved, I wrote back to them, giving them my new address for correspondence as well as protesting my innocence. A few weeks later, they replied - to the old address. I wrote back once again, again confirming my new address and again asking for common sense to be applied. This was in October 2011. I received a reply to the second mail - again - to the old address a couple of weeks later, saying that they still believed they had a case and would take me to court and that they would be in contact in due course. I heard nothing. For months. I wrote asking for clarification in December, but had no reply. I kept the forwarding running until early this year and then cancelled it as I was not getting any more forwarded mail. Fast forward to today (June 28th), and on my doormat, addressed to my new address is a letter from Marston Group, postmarked the 22nd, who are claiming a Magistrates Court Order has been raised against me, and that if I do not pay the sum of £575 within 7 days (gee, sent on the 22nd, arrived on the 28th - helpful!) then a bailiff will visit and will 'levy distress' and 'remove goods' to sell at auction. It seems completely obvious what has happened here - the DVLA, despite being informed of my new address - THREE TIMES, decided to continue to serve notices to my old address, and obviously, after my mail forwarding was cancelled, these were never received by me. So, it would appear that I have been found guilty at a magistrates court at a trial I was never even made aware of. I have spoken to Marston Group, who - graciously(!) - will suspend the case for 7 more days. The DVLA are closed, though I suspect they'll be as much use as a chocolate fireguard. Anyone got any help? I am very worried about the prospect of a bailiff visiting and extorting cash or goods from me. Thanks.

Hi there, just a short note to bring good news of another failure to notify case won. We successfully defended ourselves (I say we, it was my wife who was being charged) against a failure to notify charge on 31st May 2012 at Brighton Magistrates court. A big thanks to all on here who gave advice. I will write up a full report and extra advice in good time, for now though, anyone who is thinking of representing themeselves please get in touch and I can email you our case notes. We didn't post before the trial (DVLA rumoured to read the threads) but lurked a lot. Cheers.

Hi Everyone, New to CAR today so still finding my way around. Can anyone please point me in the right direction for a template for when a company, in my case Tesco Car Insurance, have failed to respond to SAR. I do know that they have received the request and the cheque has been cashed. Any help will be greatly appreciated. Many thanks

I sold my car and moved house during the summer of last year... I say moved house - I actually became temporarily homeless and stayed with some friends until I got back on my feet. Fast forward to today when I returned home after a short period at a friends place, to find a letter from HM Courts and Tribunals service calling itself a further steps notice over a fine of £305. Needless to say that this was quite a shock. I was unaware of any original steps, let alone further ones. I called up the number, and the rather lovely lady on the other end informed me that in November last year, I had been found liable, in absentia, for the offence of failure to notify the Secretary of State of the change of ownership of a vehicle (notwithstanding that keeper and owner are two separate terms, of course). Had I not sent the V5 off, I may well have expected this, of course, which is the very reason I sent it to them, quite aside from the fact that I didn't especially want tax reminders and speeding fines coming my way because of someone else's mistakes or disregard for the rules of the road. The lady I called listened to what I had to say, and sent off a message to somewhere indicating that I'd called and stated that I was not aware that I'd been summonsed at all until today, and advised that the fie will probably now be struck down along with the verdict of the court, and that I'd be required to make a statutory declaration regarding my being unaware of the summons and why... after which I would be re-prosecuted for the offence at a local court, giving me the chance to make representation. I have three issues with this... I have had absolutely no contact with the DVLA about any of this since sending off the V5c to them, and yet I can end up summonsed just like that, at the click of a finger? (having bought another car just after selling the old one, they have me in their records, and I don't have the most common of full names - they could have contacted me at the address to which my current vehicle is registered.) I am not well. Going to a magistrates court to defend myself against prosecution for something which I know damned well I didn't do would be most unwelcome at this juncture, and would be the perfect thing to set off my anxiety and panic attacks. At some point between 4 and 8 weeks away from now, I'm liable to be away from home briefly. Knowing my luck, this could be on any date that ends up set for any hearing, meaning that I'd be unable to attend in person. Does anybody have any suggestions regarding where I go from here with this issue? I did not commit the offence described (I sent the thing) but I'm seriously worried that I'm going to end up with a hefty fine I can't afford to pay.

My complaint is simple. I needed a gym (York Heritage G102 Multi gym order: 35537822) delivered to my flat on the 3rd floor of a lift-less building and I needed to be called to organise a day, so I could be available. Having never used Tesco before I thought it would a good idea before purchasing to call and confirm if they could meet my delivery requirements. I imagined that would be enough, my gran used to tell me you can never be too careful. Tesco assured me that there would be no problem and that when I got to the order page I would be able to specify my requirements. Great, onwards to my gym. I made the plunge and ordered it. When I got to the delivery specification page I discovered a 50 character long field to specify delivery instructions. Bit short but never mind years of acclimatising to txt messaging leaves me more than up to the task. What do I type ‘Flat H, 3rd floor, no lift, call to set day’. Being a realistic lad though, and mindful of my gran whispering in my ear, I think perhaps just to be sure I should call Tesco to check that all will be well. Which I duly do, hoorah! They expect no problem and I await eagerly the call to deliver my gym. ... 4 days later imagine my surprise to arrive home and on the ground floor of my building my gym, no call and a very very far away from the 3rd floor. Let me tell you a secret....gyms when flat packed into a single box are quite heavy and reasonably unwieldy. Never mind I am persistent man and job got done, although I cursed a bit, sorry gran. You can expect that I called Tesco and had a word with them about their failure to deliver on their promise, failure to collect a suitable signature and failure to call me to organise delivery. I have been have assured though that Tesco has no responsibility and that it is the responsibility of the third party provider or courier company but certainly not Tesco’s responsibility. Interestingly, after I lost my marbles, the Tesco representative asked what I expected from them. To be honest I have no idea, perhaps responsibility or maybe an apology but certainly not indignation that I should even think to complain. I have asked Tesco to remove me from their database and have withdrawn any permission to hold any of my data, which they have agreed to. What a load of twaddle, they couldn’t delete me from their database if the Messaih came again. Still and all when I get a call or email from them offering some multicoloured pants I will at least have the satisfaction of losing my marbles all over again. Don’t shop with Tesco, they think are a bank and are too big to be concerned with the little people. I wonder what Occado is like? I hear great things about them, I think I shall give them a try. Rest assured I will be making a meal of this experience for as long as I can keep people attention. (My only wish is that I thought to check the blogs first) Cheers