Bought a sofa which has a very strong chemical smell which is affecting my health after 2 months and I put in a section 75 claim but Santander are dragging their feet!! I told them that I'll get a couple of written reports from upholsterers but they won't accept that!! What to do next please

Hi, I have asked barclaycard to recover money i paid to a company which stated that i had a "no quibbles 60 day money back guarantee". I was unhappy with the installed item and asked the merchant for a refund, the company stated that their "no quibbles" money back guarantee doesn't work like that. To cut a long story short barclaycard attempted a chargeback which was declined by the merchant bank. The merhcant produced a set of terms and conditions which were not there terms on their website at the time of my order. I managed to retrieve the previous terms with the help of an archive website. I received a call from barclaycard today stating that as the invoice is not in my name then they cannot carry out a chargeback under section 75. they said that there is no way of verifying that benefited from the goods, even though i like at the address in question and the unit was installed there. What are my options as time is running out. The invoice was supposed to have my details on but when my brother in law gave my card details he did not think that my details would not appear on the invoice.

I have received a copy of my CCA which is illegible. I can see my signature but can't read the agreement. They have also put a sticker at the top of the agreement with my account number. But I don't know if that is legal. I don't know what was written under the sticker. What is required to know that the agreement has been executed correctly?

Can a landlord serve two section 21s at the same time? I mean a s21(b) and a s21(4) in the same form? I've been given a notice that is a section21(b) but the landlord has also written s21(4) in parenthesis over the top of it.

Hi everyone, This is my first question here, The background to my query: On the 7th March I purchased several items related to vehicle servicing from an online store using my Mastercard. The total amount of the order (including all items) was £118. Part of the order was delivered within a week, however the order sheet enclosed with the goods showed two items marked with "to follow" and those items were not included with the original delivery. I emailed the shop on the 7th April to express my concern that the two items remained outstanding. I requested that if the shop could not fulfil my order within the next week (now elapsed) that I would appreciate a refund for the non-delivered items. The response was that they were expecting delivery of the items themselves 'shortly' - no mention of progressing any refund, although I do appreciate that I have not made a formal request for one. Today is April 17th and still no missing parts, so that leads me to my question: If I email the shop again and receive another less-than-helpful response, can I issue a section 75 claim for the cost of the non-delivered goods (£40). My understanding at this stage is that I cannot because, although the total value of my purchase was over £100, the value of the items being claimed for is not. If that is the case, what are my options? Very many thanks, Fraser.

I had some issues with my landlord last year (gas safety check had not been done for 2 years plus some repairs needed doing) and he issued me with a section 21. He then took me to court but withdrew the claim for possession because I pointed out that he had not protected my deposit. Rather than protect my deposit he refunded it to me but then agreed for me to stay in the property. All was fine until in January I again asked for the repair work to be done. I have now received a claim for possession from the courts. Unfortunately as I have been on holiday I have only just received it and it needs to be back at the court tomorrow! My question is, is the original section 21 notice invalid because my deposit was not protected when he sent it, or is it valid now because the deposit has now been returned? Thanks in advance for any advice

Hi All, I use section 75 a lot. Unfortunately i have found that the credit card companies deliberately make it as difficult as possible to claim. This ranges from using low quality staff with no legal skills or experience and arming them with counter policy to claiming letters are lost in post. I have found taking matters to the FOS is unreliable - and depends on who you get - and very often they make judgements counter to law. I note that Section 75 is spread across CAG. I have put this tread together to try and catch as many section 75 experiences as possible, and hope we can use this to present a more united front against the credit card companies. Maybe, if we are lucky, we can even expose some of the bad practices, and help each other make quick and successful claim. Many thanks Ed

Hi all - sorry in advance for the essay, but I'd be grateful for any advice. We forgot to pay the rent at the beginning of this month - my wife handles the bills as I have a mental health problem which affects my memory, and we had worked out the stress of bills makes it worse, but as she now handles most of the household I really can't blame her for a solitary mistake. I have been in quite poor health recently, and she has been particularly badly treated by our employer, so it's been quite stressful for some time. She hadn't realised that she had forgotten, but today we received an S21 notice from the landlord, dated the 22nd Jan and stating they require possession from the 29th March. It was only after seeing this that she checked back through our accounts and realised the mistake. I am assuming that the S21 is as a result of this, but I'm not 100% sure - we've had no other contact from them for months, other than the occasional pre-paid envelope to send any errant mail to them, nor have we had any problems. The only rent-related issue was a couple of months' over-payment when I was in charge of it, which they righted without quibble. The complication is that the house is currently for sale, and we are additionally planning to emigrate around the middle of the year. If we were to leave at the end of March, that would really affect our planning as we're only likely to get a minimum 6-month tenancy anywhere else. If we cut our losses and leave ASAP, giving one month's notice, we would obviously still owe the arrears. I'm just looking for some advice on how to approach this. I plan to write to the LL and offer extra on top of our normal rent each month to catch up, but I'm not sure whether to also give them notice to quit. In order to keep up with our plans, we would need to find somewhere else within the next 5 weeks, assuming a 6-month tenancy. To further complicate things, the wording of the cover letter for the S21 seems to imply that the tenancy could still continue!

Can someone kindly advise how to calculate possible PPI reclaim amount ? I have calculated my monthly PPI interest amount figure using forum details located in which I have already paid over120 months but still have 60 months to expiry. Any assistance would be appreciated as I would like to know a possible figure in order to compare with Welcome's offer if successful.

Hi, Does anyone know the limitations of a S7 DPA request when used in the following context. Limited Company in voluntary liquidation. I am a creditor and debtor to the company. The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that. I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator. Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?

I am livid...I have just moved to a property on a 12 month contract to find out last night (hand delivered) that my landlord is serving notice on the property after just moving into it in April. The notice states we have to move out by October. I have read that you cannot serve notice until six months. So, does Six months mean they can't serve notice until we have been present in the property for six months. I don't know why this is happening but to say i'm disgusted is an understatement..

Hi Guys, Just hoping for a bit of advice and trying to make this post as short and sweet as possible Moved into a property on 30th July 2010. Deposit was protected under the DPS custodial Scheme. Never received Prescribed information. Lots of problems with house, drains in disrepair, ceilings falling down the lot. Anyway, after numerous disagreements with Managing Agent and landlady they issued us with a section 21 notice requiring possession back in December 2011 requiring possession by the 29th February 2012. We had had enough so decided to move out a couple of days before the 29th February 2012. Landlady initiated eviction proceedings against us even though we had moved out, I went to court to argue these as they were trying to charge me for it. I lost at the hearing although I think I can see what the judge was doing as if he had set it aside we would technically still be liable for the rent. The thing is as part of my defense I claimed that the section 21 was invalid as we hadn't been provided with the prescribed information as per the housing act 2004 etc, just before we went into the hearing the managing agent gave me a load of documents and in it were the PI information. However, the PI they gave me was forged. The PI she had signed as if she had signed it back in 2010 however the rules changed under the localism act 2012 giving the landlord 30 days instead of 14, the one she had signed was 30 days, I've just had a copy of the actual in force terms and conditions from the DPS today that state 14 days when the tenancy was first signed. So no doubt at all she forged the docs. Anyway, the landlady continued with her claim and the eviction date was set for May 2012 (again we had already moved out) After over a year of correspondence between me and the managing agent they kept on threatening to take us to court for all the rent that was due up until the official eviction date which was in may 2012 even though we had moved out at the end of feb. I accept there was rent due up until February however we were locked in a dispute regarding rent payable whilst building works were being completed to bring to house up to standard so I refused to pay it until it was sorted, it was never sorted and by the end we were 3 months over due. Again I accept this money is due (around £2100). I've been following the case law regarding deposit protection and it appears that our deposit was not properly protected however there was some caselaw that meant you couldn't claim if it had happened before April 2012? I'm a bit fuzzy on the details. But if the landlord claims that we had possession up until the eviction date in may I can claim? I know the water has been muddied further with the recent superstrike appeal case which states that as soon as your AST becomes periodic your deposit should be re-protected and the PI sent out again. All I want to do is put the whole thing to bed and get my deposit back (£700) and have nothing else to do with the lying and cheating managing agent but I feel I'm going to have to fight this sooner or later as the Agent seems to like taking things to court. Under the superstrike case, does this mean that if I was to claim for them not sending me the PI during the 6 month AST and I can also claim under the Periodic tenancy as well? I'm looking to extinguish the alleged debt (some £4500) The other thing I was thinking was technically it's an unlawful eviction as I can prove they hadn't issued us with the PI? I may be clutching at straws but have really been done over by these people. Many thanks ( I have attached the DPS terms and conditions that were in force between April 2010 until September 2010 which clearly state 14 days) The most up to date ones can be found on the DPS website [ATTACH=CONFIG]45601[/ATTACH]

Well with a rent increase hanging over me since May 2012. Which apparently I can't afford (sort of true) as I'm on benefits and I apparently rejected by asking for a valid Section 13 notice in July 2012 as he hadn't server correct notice. There was a knock on my door Wednesday and my landlord with witness handed me the following. [ATTACH=CONFIG]44873[/ATTACH] Now I've had a look on Shelter and although a bit of a mess all the information for correct service is there. If somebody could double check for anything untoward before I take it to the Council it would be appreciated. Not looking to get out of it as we've had a good innings and no rent increase for 7 years. The other thing does anybody know the exact title of the department/person I need to see at the council? Also options with them for housing? My Council is Lambeth which as a single male with mental illness means I'm on a bit of a sticky wicket. Money for deposits, rent and moving isn't an issue. It's more a case of looking for somewhere (see bellow), losing my GP, Counselor and having fought for 3 /12 years for a psychiatric referral at St Thomas's Hospital which I'm currently waiting on an appointment for.... I don't really want to start again, since last May proved there be no affordable private housing within quite a distance. I get ESA WRAG, DLA mid rate care and low rate mobility. Can leave the flat twice on a good week, haven't been able to use public transport for 3 years and using the telephone can/does trigger panic attacks. I think my GP and counselor will support me but it's a question of what they can do and how to go about it? It took 8 visits in May 2012 to get to see somebody who knew somebody at an affiliated charity who offered to travel to places with me. After 3 days of constant phone calls (where the people calling could understand why I couldn't leave the house) plus the £50 each way by taxi to the nearest places they were offering. I couldn't cope and this fizzled out. So this is going to be interesting! I'm going to give Shelter and the charity from last time a bell later on this week. Then it's camping time in the Council offices next door. So help with who/what to ask for would be great.

I AM PUTTING THIS ON THE FORUM FOR EDUCATED RESPONSES PLEASE Over the last week i have been looking into the issue of Notice of Assignments and debts. Debts are assigned under the Law of Property Act 1925. s.196 of the act stipulates that the notice has to be served by recordable mail, and if not returned, will be effectual as a legal assignment. As soon as the assignment has then been confirmed by the debtor, the assignee then takes on the the rights of the original agreement. From looking at posts, it is evident that the assignee of debts are not sending out the Notice of Assignment to the debtor by recordable mail. I believe the cost implication of this would be prohibitive to every one included in a debt portfolio. So my question is: How can an assignee of a debt then issue proceedings in a civil court against the debtor under contract, when that contract has not been actionable under law. Debates have been raised about the act being amended by statutory instrument etc. All i can find is that the LOP 1925 act has been amended to accommodate the postal services act. post-office” are substituted the words “by the postal operator The LOP 1925 is statutory, no court can ignore it please people, No hearsay, no subjective opinion Just established facts

Heya I've bui,t up over time an Apple iWorks (Numbers) spreadsheet which I use to manage: 1) WHo I owe Money to 2) How much I've paid 3) When I've Paid 4) Who I called or who called me and when 5) Who I get letters from or send them to and when It's been invaluable to helping me out. I've caught a few people out with their figures being incorrect, and shockingly enough, I've had compliments from quite a few of DCA's in the past at how organised I am Can an admin/mod/site team member look at it and consider for the templates section? I do realise it's MAC only, but quite a few mac users opt for using Numbers etc... rather than Exsmell OH and the file is attached [ATTACH]43089[/ATTACH] Cheers, Adrian

Hello everyone I am writing this for a friend. He is self employed as a sole trader and last year made a purchase from a supplier on his personal credit card from a supplier. He also has a business credit card with LTSB The products were faulty and he attempted to send them back but the supplier refused so he tried to get a credit from Tesco They have written back saying that they can not help because they do not cover business transactions. He has at no time said they were a business purchase Does he have any rights and if so what should he do next thanks

Hi there, I have an AST question and any help would be much appreciated. The AST states that 'The tenancy will then continue, still subject to the terms and conditions set out in this Agreement, from month to month from the end of this fixed period unless or until the Tenant gives notice that he wishes to end the Agreement as set out in clause 4 overleaf, or the Landlord serves on the Tenant a notice under Section 21 of the Housing Act 1988, or a new form of Agreement is entered into, or this Agreement is ended by consent or a Court Order.' The two parts in bold are what I am interested in. Does this mean that if a Landlord serves on the Tenant a Section 21 then the agreement will no longer continue subject to any terms and conditions held within it? Basically serving a Section 21 terminates the agreement and neither party are bound by it? Many thanks

I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?

I moved in and signed my tenancy agreement of 28 July 2012. On the same day, the landlord made me sign a section 21 notice. In January 2013 my landlord started eviction proceeding using the accelerated route. I received the court papers and sent back my defence stating that the section 21 notice given to me was at the start of my tenancy and for it to be valid it could not be served within the first 6 months of my tenancy. I have never received a copy of the section 21 notice after my first 6 months tenancy. I have today received a letter from court to attend a Directions Hearing in April. What is expected to happen at this hearing? Am I also correct in saying that the section 21 notice is not valid if given to me on the start date of my tenancy? The fact i have never received a section 21 notice after the expiry of my first 6 months tenancy shows the landlords claim is not valid? They did supply a copy of the section 21 notice to the court when they made their application for possession which clearly shows it was signed and given to me on the same day I started my tenancy. Your help is greatly appreciated. Many thanks:oops:

My tenancy expired at the end of December 2012, at the end of November 2012 I was issued a section 21 with a view to vacating by the end of January 2013. I informed the landlord that I would leave on or before that date. They are also aware that I currently have no income and am in the process of applying for benefits. However, today I received a section 8 notice via a solicitor so I am a little confused. I understand that I am over 2 months in arrears and this relates to the section 8, but it is also worded in such a way as though I am refusing to vacate the property which is definitely not the case and I have been very clear about this. Any advice greatly appreciated.

Hi guys i have been given a letter from my landlord to vacate the premises by 9-02-2013. My rent of 525 was due on the 10th of this month but on that date i only had £350 which i paid on the 10th and waited until today (13th) to pay the remaining £175 from housing benefit which was cleared in my account today. I have recently gone down to part time working hours and simply didnt have the money on the 10th. We have been on time with our rent payments for the previous 12 months and find that his action is a bit harsh to say the least being that it was only 3 days late ! Is there a legal period of grace for paying rent? The letter states that i have caused him financial penalties (presumably his mortgage) and this is not acceptable. And failure to complete all payments will result in legal action! Any advice please? Thanks in advance

Good Evening All, Long story cut short, received a NIP for speeding 37 in 30mph. Addressed to myself. After a week of arguing agreed it was my partner and popped off the form to the right address.Month later, received another form, moaned and grumbled and duly filled out the form and sent away again (not recorded) truly did not see the need to. Today partner receives a summons for the initial speeding offence (no dispute here) and now also failure to name the driver, yet one of the NIP forms with my hand writing on it is included with the bundle of documents???Having calmed down after getting all frustrated with it all, I can only a spot one possible issue (on my part unfortunately) - The first letter was addressed to me and I replied with my partners info and sent back. The second, may have been addressed to my partner and I may have actually filled it out again as if addressed to me by mistake as I thought it was the same thing - a la lost in the post!Within the bundle there is also a third NIP letter, which I sincerely never received I know at least one NIP form was received, but I think both that I received as they actually sent me one with my hand writing on it. Hope this is making sense! What a mare to now receive this. There is absolutely no dispute on the speeding offence and we replied to both the NIP letters we received, though I do take on board the fact that I may have filled in one form in the wrong place. However, both were returned, no arguments, disputes or nonsense as to who the driver was and now get a court summons! Common sense would have been nice from my point of view, assuming it is down to the fact that I filled in section B not A etc.... Perhaps a little letter to say you filled in the wrong bit or is that too obvious and easy? I would be sincerely grateful for any advice as to prevent this from a court visit. Partner has been driving 12 years, not a single offence and I had 3 points about 7 years ago in all of my 20 years driving.... What a mare At the moment, there is no number or option to try and explain and I'm absolutely of the opinion that this is not in the best interest of anyone concerned, waste of time and money for all! We in our minds have been upfront with who was driving, filled out two forms, though one may have been in the wrong place and to then get a bundle of docs saying that we are hiding the identity of the driver is a little upsetting to say the least. Is there literally no option to discuss this with either the constabulary, court or CPS?? We are stuck for the most common sense approach and any ideas would be most warmly welcomed. Thanks in advance, D

Hi I need help with my claimagainst BMI Credit card under section 75 . 11 years ago i has 2 lots of cosmetic surgery at the BMI priory private hospital. This was paid for with my BMI card around £5000 in total. The surgery was for rhinoplasty (nose) and bat ear correction. I was told by the surgeon that it would take a year or 2 for the full effects of the surgery to become apparent. My left ear was badly deformed after the surgery, the surgeon admitted he had put the bandages on too tight which caused this. I wrote to the BMI priory telling them of the affects of the surgery and how unhappy i was. They told the surgeon to redo the surgery to the left ear. He did the surgery and told me he could not carry out further surgery to the ear and this would be the last. He said that i should wait for at least 3 to 4 years for the affects of the surgery to take place. My ear it getting worse and the large scars are becoming pain full and making my ear look deformed. My nose has now developed a depression on the top surface as well. After writing to the Hospital 6 months ago i was told that they would pass my complaint on to the surgeon who no longer works at the hospital. He has not replied to me at all. I then decided to write to BMI card who financed the operation on the credit card. They told me that i have not shown any evidence of breach of contract which is required for them to refund the money i paid. I have no paperwork or contract at all, what do i do . I know the first operation was 11 years ago but shorly there must be something i can to? It was the hospital who recommended the surgeon in the first place. Should i request my medical records from the hospital and if so what would they prove. Please help

as a letter came to my house and it is making me mad it says i have to pay about £600 well i don't get any of it so i wanted to ask u guys question about this letter notice to pay section 29(3) of tax credits act 2002 it says it's about over payment of tax credits "the total amount of working tax credit overpaid to you is ..." what the fuzz when was i ever paid. can anyone plz explain what is going on

I have received a Stat Demand under the Insolvancy Act and I'm really not sure what to do about it. It is for a Lloyds TSB credit card which was sent to me with my current account I held at the time, due to a marriage breakdown I found myself on benefits in 2006 and I spoke to the card company several times asking them to freeze the account and allow me to make reduced payments as I was no longer in a situation to either use the card or to pay the hefty minimal payments, they refused and the amount owed through interest steadily climbed to over the card amount allowed. The card company was taking the minimal payment from my account each month against my wishes making me overdrawn and costing me even more in bank charges, I kept requesting they stopped this and froze the account, my bank refused to stop allowing the payments to leave my account and were charging me around 60 to 80 pounds a month in charges. No one would listen or help. This went on for a year until July 2007 when I really couldn't cope anymore financially and I removed my account to another bank. I told both the card company and the bank that I would no longer pay them until they were prepared to help me a little, again they refused. Since then I have not paid them anything and ignored any letters from them or debt collectors thinking they would take me to court under a basic ccj, I thought at least that way I could agree payments terms. Sadly I was wrong and this Stat Demand has landed on my mat. I own my home under an interest repayment mortgage, I am on a disabality benefit due to a chronic illness that has led to unrepairable nerve damage and I have two dependant children aged 7 and 11. I don't have the means to pay the debt outright as it has now reached nearly 3000 pounds (rounded up) and the two pound in my savings account isn't going to help me greatly. I really would appreciate any advice that may help me deal with this problem as I don't know anything about this side of things and I am terribly worried that they can make me sell my home which I co own with my ex husband. Red