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  1. My dear Dad who served in WWII and worked all his life developed vascular dementia after suffering a stroke and eventually ended up in a care home. We applied for NHS Continuing Care and was passed from pillar to post as is the case for many. The only asset he had was the ex-council house which I helped him to buy [he had lived there for over 40 years at the time] with my mother. We bought the house as joint tenants in 1985. On my mother's death in 1991 we failed to inform the Land Registry of her death [not clued up at all about these things] so the house was then jointly owned by myself and my Dad. My Dad went into a care home in 2006. The local authority [LA] rejected the claim for NHS Continuing Care and took all my Dad's pension leaving him with a few pounds each week. As I was the joint owner of the property with my Father the LA kept sending me bills for the shortfall in his weekly care home fees. Upon my Dad's death in 2007 the LA continued to chase me for the shortfall in the care home fees amounting to thousands of pounds despite my stating I was pursuing a claim for NHS Continuing care. Earlier and unbeknown to me the LA had put a charging order on the house [sending 3 letters - one to my deceased mother, one to my father who was in the care home and one to me [living 200 miles away] we didn't pick up the letters until after the deadline for objecting had passed as we were obviously up and down the motorway visiting my father in the care home. Since then I have completed various questionnaires and sent loads of emails to no avail and no resolution of this issue. The demands for payment from the Finance Dept. stopped in 2014. I've not heard anything since. My questions are: 1. Does the charging order made by the LA against the property have an expiry date? I have seen something about 12 years? 2. If the Finance Dept. has stopped chasing me for payment - where do I stand now? Is the debt written off after x number of years? I maintain my father was fully entitled to NHS Continuing Care and I will continue to fight this - he died in 2007 - I haven't heard anything further from my last appeal I think in 2014 - it is very wearing. Meanwhile I can't sell the house [the charge on the house means the LA will get their hands on the money to which I vehemently object] and am letting the property out to tenants which is a whole new world of pain. I also foolishly paid someone to act as my advocate and of course he took the money and did - feel very let down that he could take advantage of people when they are at such a low ebb. I know I'm not the only person to fall prey to this person. Any advice gratefully received. Thank you.
  2. I hope I'm in the correct section of the forum for help and advice on Continuing Health Care. My elderly Mum in Law has been in a care home for some time and her fees have always been covered by her pension with a top up from myself. Recently she had a couple of falls in the care home with the last one resulting in a stay in hospital. During a visit to see her, I was told she now has a brain tumour and not expected to live for more than a couple of months. Her Doctor explained he had done a Fast Track Assessment for Continuing Health Care. Mum in Law is now back in the care home with a special bed and being looked after well by the staff, one of who mentioned I would not have to pay any more. I wasn't sure if that meant any longer or any extra. As everything is getting a bit confusing and there is so much to take in at this time, before I ask the staff in the care home, can I ask if anyone knows about Continuing Health Care and who pays for it?
  3. Has the UK got the continuing-violations doctrine in its Laws. I was under probation with a company and I raised H & S issues. A lot of documented bullying occurred. My employment was later terminated and the director cited the contract I signed in which they have the right to terminate my contract without reason. Much later after the expiration of the time limit for the Tribunal I made a Subject Access Request. I discovered that my line manager has been telling lies about me all this time. And these are lies that are easily disputable (Like I was found sleeping while on that day I was over a 100miles away on training). In a personal review list done six months after I left the manager still wrote down a lot of easily disputable lies. Now if the UK has a continuing-violations doctrine or something similar, I will still be in time to take the case to the Tribunal. Please I would be grateful for any advice. Regards
  4. Hi All This is a long post so bear with me. I've done a lot of research and I think I know what I'm doing but I would really like to hear your thoughts, comments and suggestions on my tail so far. At this point in time small claims is unavoidable so any suggestions where my claim is weak and what I could do to address it would be greatly appreciated. I have laid out the story so far in a time line below. Many Thanks Jonathan At the beginning of May I purchased a Mercedes A Class A200 for £3000 including delivery. I stupidly bought it unseen from a dealer over 150 miles away using my debit car for the deposit and then the balance. I did call the dealer and ask a lot of questions before hand and do a HPI check which was clear. The car came with a 6 month third party warranty from WorldofWarranty.com which I now know is not worth the paper it is written on. 03/05/2015 Called dealer, Confirmed specification, Asked pointed questions about rust as 2005 mercs can have a problem, was told the car was good and although rust had been there is had been sorted. Paid deposit and received receipt for deposit stating car identity, amount and number of miles on clock was 105K 06/05/2015 had to chase dealer to pay balance 14/05/2015 Car is delivered by a driver, I have no time to look at the car as I have to give the driver a lift to the station to get a timed train. I do notice the instrument cluster display is blank/faulty I am unable to see mileage. 15/05/2015 I email the dealer say I am unhappy with the car and it is not as described. I outline the following faults which I have found. Ask dealer to call me · Engine is overcooling · Engine light on due to faulty glowplugs · Obvious and advanced rust in both doors and tailgate · 7K more miles on clock than advertised · Service history missing last two stamps · Instrument cluster faulty, no mileage displayed · Passenger side folding mirror faulty & unsecured · Both front tyres need replacing · Warped front brake disks, and rears badly corroded. 16/05/2015 email dealer chasing reply, I get what looks like an automated response saying I will get a response in 48 hours 17/05/2015 received email from dealer, says that the faults are not that serious and that he has already spent money fixing the car, stated that he has already spent putting a brand new shock and spring on the front and a hand brake cable. Dealer offers £100 as good will. 18/05/2015 I respond to dealer stating that some of the faults are serious and need to be addressed. I try to be reasonable and state that I will keep the car if they agree to two things They source two replacement doors in the correct colour within the next 6 weeks and I will fit at my expense, They arrange to have the glow plugs replaced at a garage or their choosing, near my address. If they agree to this I will fix the remainder of the faults myself. 18/05/2015 I get almost immediate automated response stating I will be contacted in 48 hours 21/05/2015 in the morning I send chaser email as I have had no response. Not long after this I spot a very similar car being scrapped on ebay. I contact the scrap yard and an able to do a deal for two doors and a tailgate for £75 each plus £80 delivery. 21/05/2015 I email the dealer stating I have found these doors and suggest that if they agree to pay for the doors I will pay for the tailgate. A couple of hours later I receive an email from dealer stating that he agrees to pay for doors but not postage???. I feel as they are agreeing to my terms outlined on the 18th that I will foot the postage just to get this sorted. That evening I receive an email asking for an email confirmation stating if they pay for the doors I will agree that they have resolved the issue and have been very helpful. 22/05/2015 I send email saying I am happy to state the replacement doors will resolve the rust issue but that I am still waiting for the glow plug issue to be resolved. 22/05/2015 late evening I receive £150 from dealer into my account for the doors. Over the next two weeks I chase the doors and get them fitted and sort out a trip to the garage to get the car looked over. Perhaps naively I assume the dealer is sorting out somewhere to get the glow plugs replaced. 22/05/2015 Concerned about how the car feels and sounds and now loosing trust in the dealer I put it into a local garage for them to service and look over. The following faults are found on top of what I had already discovered · Fuel filler pipe corroded · Centre exhaust corroded · OSF shock & spring broken ( the one they said they had replaced) · Flywheel worn I ask about flywheel and was told that although it is noticeably noisy there are no other symptoms like vibration, slippage, or poor gear change so just keep a close eye on it. The mechanic also stated that in his opinion no service had been carried out on this car for a very long time. The air filter had a 2011 date stamp on it and was effectively blocked. Having a broken spring and shock renders the car dangerous to drive so I booked the car in to get this replaced. 23/05/2015 two front tyres replaced £182 at my expense(I have not claimed for these) 24/05/2015 Instrument cluster from ebay fitted at my expense(I have added this to my claim) 29/05/2015 Replace all brake disks and pads at my expense(I have not claimed for these) 08/06/2015 I contact the dealer stating the doors have arrived and been fitted and that the rust issue is now closed. I request that we deal with the glow plug issue. I provide 3 quotes from local garages ranging from £220, £300 and £500. I state that I wish to go with the £300 one and in an effort to be reasonable and bring this to a conclusion I will pay the difference between the lowest and the middle quote. 10/06/2015 I request a response to my email from the 8th 12/06/2015 Again I request a response to my email from the 8th 12 06/2015 I get the front shock and spring replaced at my expense (I have added this to my claim) 13/06/2015 I receive a response from the dealer simply asking me to resent email 14/06/2015 while driving the car develops strong vibrations indicating the flywheel has taken a turn for the worst 15/06/2015 I resend my email from the 08th 15/06/2015 I arrange the car to go into a local Mercedes specialist to diagnose the vibrations. I give them the warranty information I was supplied with the car which appears to cover flywheel faults. Later that day they confirm the flywheel is faulty and could possibly disintegrate if driven. They tell me they have been in contact with the warranty company who will be sending out an engineer to confirm their findings. 16/06/2015 I receive an email from the dealer simply stating the final payment has been made and matter is closed. I don’t know if this meant they have sent payment for glow plugs or are just talking about the doors so I send an email asking for confirmation about what payments have been made and when. 17/06/2015 I call the Mercedes garage. The engine has been removed so that the flywheel and clutch can be closely examined. This was at the request of the warranty company. He confirms that in his opinion they are beyond repair. He confirms that the warranty company have sent an engineer to examine the flywheel clutch. He tells me I am looking at over £1000 for replacement. He will get a more accurate estimate when he gets the actual cost for the parts 17/06/2015 I immediately email the dealer stating that the flywheel and clutch have failed and that the warranty company are looking at it. I state that the warranty only cover up to £500 and the actual bill will be significantly higher. I state that as I have only have the car 5 weeks and have done less than 250 miles in that time then the fault was clearly there at time of purchase. I state I wish to invoke my rights under the sales of goods act and will either return the car for a full refund or accept a substantial contribution towards the repair. I ask them to call me to discuss. 18/06/2015 the warranty company call to inform the garage that the clutch and flywheel are not covered as they have simply come to the end of their life rather than suffering premature failure. They state due to the short period of time between the the inseption of the warranty (ie when I purchased the car) and the failure that the fault was already there when the warranty was started. 18/06/2015 I email the dealer stating that the warranty company have refused to cover the flywheel & clutch. I State they are now liable for the full cost of repair or I will accept a refund + plus the costs of diagnosis. I also state that the car is currently taking up a ramp at the Mercedes garage with its engine out and needs agreement today. I also state that given the time they usually take to respond to emails that I require a response today or I will be forced to have the repair done at my expense and will seek to recover the cost from them. I give them the number of the Mercedes garage and again ask them to call me to discuss. 30 mins later I get the following email form the dealer Sorry to hear once again from you that you are complaining about something else.We are surprise to hear every time you email us you come with new issue I spoke with gaffer and he confirmed that full and final payment of settlement has been sent to you last time when we replace the door and we have email to confirm it there will be no further emails. We are not here to make cars from Old to new You been given warranty Best warranty cover for this age and warranty allowed us to grant under the Act or under any condition on second hand car dealers are not liable for wear and tear That's why warranty been given so in case of any issue you can contact with them and get it repaired Unfortunately on this occasion i am unable to help Thanks Trying very hard to keep my calm I immediately send a response outlining all the faults to date. I pointed out the lied about the mileage, they lied about replacing the front strut and spring, they lied about servicing the car before delivery, they lied about it having a full service history and they lied about obvious rust being present. I pointed out they they have made very little effort to address the issues I had raised and that they where legaly obliged to do so. Yet again I stated that I either wanted a full refund including the cost of repairs to date or they paid to have the clutch and flywheel replaced. An hour later around 12:30 I received the following We received your email and pass it to legal department so they will answer you within 14 Days Thanks So I was left with a car in pieces in the garage and the garage pressing me for a decision as it was taking up a ramp and space. I could have simply got the car put back together with the faulty parts at a cost of £600 labour or I could go ahead with the repair at a cost of £1300, the only silver lining is as the engine is out it is very easy to replace the glow plugs and thermostat so that would only cost £100. I figured at this point it was reasonable to conclude that the dealer has no intention of refunding or repairing the car, they said as much when I asked about the glow plugs before the flywheel issue. If I simply paid the £600 and to put it back together I could get it home but it would be unsafe and unusable and a complete waist of money. Also I need my car for work. So reluctantly I reached for the emergency credit card and asked the Mercedes garage to go ahead and replace the clutch flywheel and glowplugs. 18/06/2015 I send a final email the the dealer thanking them for the confirmation that they would not be addressing any issued raised. As they are apparently an AA garage I send them a link to the AAs website where it outlines my rights as a buyer and ask them to send all my emails so far to their Legal department for review. I again outline the circumstances and their legal obligations and the consumer rights act and give them one more chance to pay for the repair or I will be forced to let the small claims court decide on all the issues. 19/06/2015 I send them a registered letter outlining the above except AS I was being forced to go the small claims route I was now including full repair costs for the flywheel, clutch, glowplugs, instrument cluster, Shock and spring plus a small amount to compensate for the additional 7k miles the car seemed to have traveled from me paying my deposit to it arriving. In total £1840 and I gave them 7 days to reply. 20/06/2015 at the suggestion of a friend I look up the cars MOT history online. It turms out that it had an MOT in March this year where among other things it failed on osf shock and spring its mileage at this time was recorded as 112K, no retest was done. Its next MOT was on the 12/05/2015 2 days before delivery, it failed on OSF shack and spring, it was retested the following day and passed with a recorded mileage of 112K. The OSF shock and spring was the one I had to have replaced. I think this establishes that the garage think nothing of selling cars with dodgy MOTs and that they knew the mileage when they sold the car. I have to date received no further reply from the dealer.I have retained all receipts, replaced parts and emails sent and received and I received from the warranty company an independent engineers report stating the flywheel and clutch where faulty when the car was purchased. Tomorrow I will send a final BEFORE ACTION letter and give them a final 7 days to reply. IF I don’t get a response by then I will start proceedings. As mentioned above any thoughts, comments and suggestions much appreciated. Thanks Jonathan
  5. I've received a letter from Barclaycard informing me they have sold my debt to Cabot. £1 monthly payments were being made to Credit Solutions. The letter says I should contact Cabot to arrange a payment method. I would like to continue to do this by internet banking each month. The letter also says that Cabot will honour the payment plan for a minimum of three months. I just want to check that there is no pitfall to contacting Cabot (by phone at least) and whether there is anything else I should do at this time.
  6. Hi all, After struggling for months to obtain amounts associated to six different PPI products with HSBC, I am after some advise. The first thing is, do I treat each of these as individual claims, or can I combine as one claim for the total amount? Thanks in advance.
  7. High-street electrical chain is estimated to have lost £35m in a year and could go into administration on Thursday http://www.guardian.co.uk/technology/2012/nov/01/comet-electrical-goods-jobs-risk
  8. For the last few days, or so, I've been getting phone calls asking for my friend - she's still away visiting her family. They are mostly a mixture of Auto-digitalker messages and sms digitalker. I think it is to do with her Barclays account - we sent an SAR request months and months ago, see further up the "Continuing a financial arrangement" thread, and I think that they have got fed up. The SAR is at the local Barclays branch awaiting collection, it came a couple of days after my friend went away - the bank staff do know that she will be in to collect it, in very early August. We have no idea of the true balance, because Barclays never sent any statements, [probably needed all their paper for scribbling down "Libor" calculations]! On the two occasions that they've spoken, these CSL shower have asked if they can speak to her, and I told them, "No you can't, put it in writing, and it will be dealt with" I don't think that they can compose or read, letters. Never, ever, is my friend going to speak to them, [except over their dead bodies, of course] - she is classed as "a vulnerable person", disabled, deaf, and sometimes very easily confused - in fact she doesn't even know about it, I've not mentioned it, no need to spoil her holiday. Apart from the first three or four calls, I'm recorded, date, time, and type of each call. As I've told 'em twice to write, is that it, just ignore further voice calls, but simply carry on recording them? Sam
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