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  1. Hi, I'm new on here and could do with some help, please. 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed? Thank you in advance. Here are the details of the claim: Received a claim? Yes Issue Date: 2-10-2014 Amount approx: £5079 Claimant: Roof Trusses Solicitor: A C Jones Original Credit: Particulars of Claim: We manufactured and supplied timber frame panels and roof trusses to Dolycoed, Dolfor, Newtown on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice TF4-34647A for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails. We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31 Stat Barred? No Have sent: Other Info: 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?
  2. Hello! I've got into a slight dispute with Urban Outfitters, as I've asked for my delivery cost to be refunded as I returned the whole order and was therefore entitled to it I ordered a t-shirt on 19/11/18 it cost £3.99 for delivery I returned in a branch on the high st on 04/12/18 and was automatically sent a refund email for the t-shirt So I wrote to customer services asking for my delivery back as per the Consumer Contracts Regulations They refused to refund it and when I re-sent my email back they've now responded/ asked: Hi Shelly, Thanks for your reply. Can you please advise if you submitted a cancellation form to cancel your contract with us with in 14 days of delivery? Thanks, Karlie UO Customer Services And the answer to that is 'no' This is the 1st time I've been challenged when asking for delivery costs back, usually ASOS just does it without question. And Silver by Mail apologised and refunded when I asked only earlier this month So my query is - (as I cannot find the answer elsewhere). Is this grounds for refusal to refund as I didn't submit my intention to return? Have they got me here? Thanks
  3. Today in the post I received a claim form from TM Legal Services for a debt that I owed to payday loan company Lending Stream. The original address on the claim form had been crossed out in red pen and my current address was hand written in the box to the right of this. The date on the claim form is 10/10/2018, the date that is marked on the franking stamp on the envelope is 07/11/2018. I called the court and they advised I have received a judgement by default on 06/11/2018. I had started an affordability complaint with the original lender Lending Stream via letter on 01/10/2018. In this letter I gave them my current address. They are the only lender I had to send a letter to as the rest I have done via email. Unfortunately, I sent this by first class post and not recorded delivery. I have not had an acknowledgement from the lender to this letter. I called the company TM Legal Services who initially advised it was the court that sends out claim forms. When I pointed out that the envelope that the claim form came in had a return address of their company and was posted the day after the judgement was obtained they put me on hold. They came back and said that they received the original claim form back as undelivered and had done a trace on me to find my current address to send out the claim form. I called the court back and explained this and they said I can apply to get the judgement set aside at a cost of £255. I have sent a further letter of complaint to the original lender and advised the financial ombudsmans office of the situation, however they say that when the complaint comes to them if referred (29/11/2018 is 8 weeks) they are unable to instigate the removal of the CCJ even if my complaint is upheld. I now don't know what to do. Should I apply for the judgement to be set aside now or wait for the reply from the lender/complaint to the financial ombudsman's service? At the time of the loan I had 6 defaults for various utilities and loans in my recent credit history as well as an outstanding balance of over £3500 with other short term lenders. The original debt was for £850 but now with court costs and interest stands at £1780. If I apply for the judgement to be set aside, is that there is an ongoing affordability complaint a valid reason, along with the fact that it was sent to a previous address? Is the fact that it was sent to what the company alleges is my last known address and not my current one enough of a reason to get it set aside or will I have to show that there is a chance I will win the hearing? Will the 30 day period after the CCJ to pay reset if the judgement is set aside? I work in an industry regulated by the FSA so a CCJ will likely cost me my job. Apologies for the long post. Thanks a lot for reading if you got this far.
  4. Hi Does anyone know the cost for summary judgement application. It's over 10k. The fee quoted says the amount if up to 5k. But I can't see one for the amount I will be claiming. Can anyone advise? If not I will ring the court and ask.
  5. Hello This is my first time using this forum and this may be a little bit long winded which I apologise for I purchased an item online over 11 days ago from Appliance Direct. The item was advertised at £19.97p and the original delivery date was to be Monday 26th March 18. The item did not turn up I contacted the company via their chat facility online, I was then informed the delivery date was changed to Wednesday 28th March 18. Again the item did not turn up I contacted them again. The item in question was put on hold for delivery as the price of £19.97p was wrong and there was a discrepancy. I have now been informed by the company this order has been cancelled for this reason and I will be reimbursed the money owed. The actual item is shown on their website as £59.99 now, this is the exact same item. I have contacted their customer services and they informed me that because the item was not dispatched then there was no contract in place. The money has left my account over a week ago to pay for this item and I have received an email informing me the item was despatched. Where exactly do I stand with this? Any advice greatly received. Thank you in advance
  6. I am in court on Monday for a CCJ claim against me. I have only just noticed that in the other sides witness statement they have listed a proposed payment agreement by me which was sent Without Prejudice. Its too late now I know but should I raise this matter immediately with the judge or wait for the other side to use it in evidence. Obvioulsy the judge has read the witness statement now. TIA
  7. I'm trying to help a friend whose clutch has failed or more likely burned out. Fiesta Zetec 1.4 petrol 2008. Can someone suggest the likely reasonable cost to replace the clutch at a local garage, not a Ford Dealership, including parts, labour and VAT. This will help decide if it's worth repairing or better to look for a new car and avoid the repair spending. Many thanks.
  8. In para 69 of the Supreme Court ruling in R (on the application of UNISON) v Lord Chancellor [2017] IRLR 911 SC the Judge stated "The case also illustrates the fact that it is not always desirable that claims should be settled" Would it ever be possible to argue that a particular case shouldn't be settled because it holds Public Interest? I noticed he didn't state it as a ruling but in passing Please, if there is a Case Law, I would greatly appreciate it. Thanks
  9. Didn't see this anywhere so have posted, apologies if already done,. Needless to say, well, well, haven't they got themselves into a bit of a mess?!! http://www.bbc.co.uk/news/uk-42012116
  10. From their website: "Charged to cover the administration of issuing an arrears chase letter." - Outgoing arrears letter I'm not condoning missing mortgage payments, but surely £27.50 is a lot for a one-page (presumably computerised) letter and envelope being sent out? I think this has been covered previously (in 2011) but I'm not sure of my best course of action. Or whether I have a claim at all? Can anyone help me? I have received 2 of these letters in the last fortnight alone. £55 is hard to take for 2 sheets of paper and 2 envelopes! This figure is clearly exceeding actual administrative costs, and I find them unfair and therefore unlawful. Are they well within their rights to charge such a figure? Sometimes I have had these letters without even a prior phone-call to chase/remind me to make payment.
  11. A couple of days ago, I walked into asda with the intention of taking 2 chewing gums from a 45p packet and I did, I also stuck it down my trousers. The security guard caught me and took me to a room and made me sign a letter saying I'm banned from asda, but told me that's the end of it and nothing else will happen. Today I got a letter from dwf saying I have to pay £125 as some civil matter and it's nothing to do with any legal action asda had taken or may take. Do I actually have to pay this as I was promised nothing else would happen and paying dwf doesn't seem right as the matter is between me and asda over a 5 minute interaction. I know I am in the wrong but I'm just wondering do I have to pay this before I do. I'm 16 living in Brent, London.
  12. Hi, Thanks for having a look at this. In hindsight I'm a bit confused about what happened earlier when a bailiff turned up at my door. We moved house 3 years ago. My other half didn't update the address on her car's log book, only her driver's licence. She got clamped/fined in September 2016 and updated the log book address. Fair enough, our mistake, it's a pity that we didn't have warning letters forwarded to us but hey ho. Today a bailiff turned up regarding a PCN for driving on a taxi only street in June 2016. Again, we hadn't received any previous correspondence regarding this. I paid up in full but have since become confused about the £235 Attendance Cost. The bailiff came to our current address at 10am, but we have subsequently found out that he originally went to our old address at 8am and handed an identical notice of fees to our the people who moved into our old house. What bugs me is why have they didn't trace our new address before leaving the office and send us a letter regarding the fine thus saving us £235? I did phone the Bailiff on his mobile to ask this and he said that the £235 isn't just a fee in relation to attending an address, it is a fee that was added to the fine because the fine had become a warrant and that process incurs the costs (and that calling it a fee just for attending an address isn't strictly true?!). We have been on the electoral role ever since we moved house, we have a traceable credit history linking our old/new addresses, and what surprises me most is that Kirklees Council must have contacted the DVLA with her vehicle registration and we had already updated our address with them (drivers licence but not log book). They could've searched the electoral role via 192.com for as little as 40p and found our new address as soon as they were asked to chase the fine, or ideally Kirklees could've done this before passing it onto Marston. I've read that the Attendance Cost is limited to £235 to prevent unreasonable charges but surely £235 is unreasonable given the ease and low cost of tracing someone that isn't trying to hide from anyone? I've also read that we should've received a Notice Of Enforcement prior to the Bailiff attending our property and given the fact that he initially attended our old address the address on the warrant would have been incorrect? Would you feel that we have grounds to contest the £235 Attendance Cost added to our fine? Any advice would be gratefully received. Many thanks, Dave
  13. about six weeks ago i was reversing onto a customers driveway to pick them up to take them to the station (im a taxi driver) i happened to just catch her husbands car. after she got in the car i told her what i had done and on arrival at the station i gave her my phone number and she said she would pass it on to her husband. After about a month i got a text saying the cost to repair the damage would be £275+vat. This was the day before i was going on holiday , I replied straight back to tell him this . i also said that i thought the cost was quite excessive and i would seek some more estimates when i got back When i got home and went back to work i again got the job to take the wife to the station when i got to the house i took the opportunity to take photos of the damage to the rear bumper. This amounted to a single scuff mark about 1mm wide by 10mm long. this confirmed my suspicion about the cost, with that the wife came out and started giving me grief because i hadn't done anything about it and told me to get away from the car. the long and the short of it is we are now arguing over the cost. He is insisting it goes to a garage that wants to charge £300+ without any proper invoice after i have got estimates between £120 and £160 . I should add the £160 for which i have a proper estimate is from a different branch of the garage he is insisting on using. i know the garage he wants to use is at some point going to do further work on his car and i suspect i am going to make a contribution to this. Needless to say this is getting a bit heated now with him threatening me with the police for leaving the scene of accident notifying the council who provide my license and going through the insurance company which i don't want to because my excess is more than this and i don't want to lose any ncb and he has even mentioned court. i should also point out that he is not willing to take his car to any of the garages that i have got estimates from.
  14. I started a new job on 17/05/17 and for this week of 4 shifts it has cost me over £80 in fuel, which was not expected, so i gave notice that i would not be continuing the employment, due to the costs, the response i got was will you work your 1 weeks notice as per contract. I responded that i shall not be doing 1 weeks notice due to costs and we can not afford this. The response from them is i will talk to our compliance department and get back to you regarding contracts etc. Im still technically in training as they want me on certain areas I've never worked and would need training on. the contract states that only if they terminate the employment would 1 weeks notice be given. 1.2 - the first 6 months of your employment shall be a probationary period and your employment may be terminated during this period at any time on one week's prior notice. we may, at our discretion, extend this period for up to a further 6 months. During this probationary period your performance and suitability for continued employment will be monitored. at the end of your probationary period you will be informed in writing if you have successfully completed your probationary period. then in section 8 8.1 After successful completion of the probationary period referred to in clause 1.2 (above), the prior written notice required from you or the company to terminate your employment shall be one calendar month. on direct gov website it says that only 1 weeks notice is needed after working there for 1 month.
  15. When the enforcement regulations were overhauled in 2014, they provided a radical change whereby, a debtor could repay their debt by way of a payment arrangement (usually over a period of approx 3-4 months). Such payment arrangements need to be set up within the very strict time frame outlined on the Notice of Enforcement. This period of time is referred to as the 'Compliance stage' and as long as a payment arrangement is agreed by the date and time given on the notice, an enforcement visit will not be required, and this will save the debtor incurring an enforcement fee of £235. The ‘compliance stage’ is also the period when cases of ‘vulnerability’ should be bought to the attention of the enforcement company (and evidence provided where possible). When the Notice of Enforcement is sent, a Compliance fee of £75 will be added to the principal debt. It is important to make clear that the Compliance fee (of £75) is not a fee for just sending a letter. It is a fee that covers many different costs incurred by the enforcement agent including the setting up of Welfare Departments, training and setting up and managing payment arrangements etc, etc. The second radical change introduced in 2014 was the provided that where the proceeds of enforcement are less than the amount outstanding, that the payment should be distributed on a pro-rata basis between the creditor and enforcement agent. With the ‘Compliance stage’ allowing for short term payment arrangements, the government were concerned that this could cause enforcement agents to operate at a loss until the total debt was paid (and they recovered their fees) and that this could undermine the fee structure and could lead to enforcement agents acting in an aggressive manner in order to recoup the entire debt. It was for this precise reason, that the regulations provide that enforcement agents should be paid the compliance stage in full first, followed by a pro-rata division of proceeds. This is explained in more detail in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014. http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf It has been interesting to observe over the past 3 years the way in which 'debt avoidance' websites reacted to the compliance fee with literally hundreds of Freedom of Information requests being made to councils around the country questioning how each council dealt with 'direct payments' and whether they retained the payment...or forwarded it to the enforcement agent. The advice from these groups has remained unchanged...pay the council direct online the principal debt (minus enforcement agent fees). With Magistrate Court fines, in every case where a payment is received after a case had been passed to an enforcement agency, the court will forward the payment to the enforcement agent so that they can deduct the compliance fee (of £75) and apportion the balance in line with legislation. If the debt in question is a local authority issued penalty charge notice or a liability order, some councils manage direct payments in different ways. Some forward the entire payment to the enforcement agent....some forward just the compliance fee and others keep the payment. Regardless of the internal procedures, the fact remains, that paying the council (or creditor direct) does not avoid paying bailiff fees and this has been the subject of an important legal case details of which are posted below.
  16. Hi friends. I need help with 2 points please. Point 1: I have a friend who wants to write a letter to someone such as Chief Justices office or maybe some kind of complaints body detailing how he has been dealt with by the court systems. He has issue with his divorce, kids and property arrangement. He wants some professional to detail for him chronologically. I am sure only a solicitor can. What is this called and who does this? Point 2: my friend won his case in the high court against the council. The matter is closed however he was not awarded the cost reward from the high court as his legal team did not request it and he was not present as the solicitor said there is no need for his presence. Either way no cost reward has been given to him. It has cost him in total close to £18000 to prove that he dose not owe the council tax for 4 years amounting to £4000. Also he has been informed that you can NOT sue the council for costs because then everyone would do it. This was his first legal team. Please advise how you can. Ali
  17. http://www.theatlantic.com/international/archive/2016/09/cost-wars-iraq-afghanistan/499007/ Sounds like the USA are handing debt to several generations in the sum of $4.8 trillion
  18. In mid July i sent a parcel via Parcel2Go. Have used them before and had no probs. This time i was sending a child's fancy dress costume back to a company as we had bought it but it hadn't fit, so it was a simple return. The item cost £30 (which we would be getting a refund for once returned). The courier fees were £4.02 (i did not chose to pay for the extra compensation cover - as i refuse to pay compensation to cover myself against the company not doing what i am paying them for). It was using My Hermes (via Parcels2Go). A week later we were contacted by Parcels2Go to say that the packaging was damaged, what should they do. I asked them to continue with delivery as hopefully the item wouldn't be damaged. We let the company we were returning the item to know that the packaging has been damaged and to inspect the item before signing for it, and to reject it if the item was no good. A few weeks later we had still not heard more. I asked on Parcel2Go live chat and again reiterated that i want the delivery to be attempted. Nothing further happened for a few days (i was following the tracking info online). I contacted them again via live chat and they confirmed that the item had been lost and to initiate a claim. I raised the claim for £34.04. Only £4.04 has been refunded. They are rejecting my claim for the cost of the lost item (£30) as i did not take out their extra insurance. I have spoken to them via live chat today to complain. I was told that they were not liable for the lost item as i did not take out their additional insurance. I asked to escalate and spoke to someone else via live chat who reiterated the same thing. I asked for their full complaints procedure and was given an email address which they say is the last step in the complaints procedure and they will issue a final decision (and they have reiterated a few times that they will 'just say the same thing that i have been already told'). Although it is only £30, i am willing to stand up for my rights and demand compensation for them losing my property. They have referred to Ts&Cs 6.7 "If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased compensation cover for your Consignment from us. " Can i have anyone's thoughts on their liability to compensate me for lost goods in this situation?
  19. Hi I need the box on my wall changing, it is old and wires keep coming out the connectors cutting off the phone. The box ix almost falling off. I know that BT charge something like £100 as the fault is on my side of the property. Do they do a scheme for people on benefits or spread the cost so I can pay monthly. Thanks.
  20. As research shows fraudsters targeting people under-55 and encouraging them to access their pension early is on the increase, Which? investigates some of the causes. City of London Police figures show that in the 12 months to February 2016, £13.2 million was lost to pensions liberation [problem]s – an increase of 26% on the previous year. Pension liberation schemes target people under-55 and encourage them to withdraw or transfer their pension savings. However, pensions are designed to only allow savers access to their money after they turn 55. Accessing pensions savings before 55, unless in exceptional circumstances such as ill-health, is not permitted and consumers face losing up to 70% of their pot as a tax penalty. And yet we found that companies offering early pension release for those under-55 are clearly advertising their services online. These sites offer early access to pension savings, potentially exploiting consumer confusion with the new pension freedoms, and don’t explain the huge losses at stake, often charging exorbitant fees. Many of these sites, which could potentially be [problem]s, also appear prominently when searching online for phrases such as ‘cashing in your pension’ and could be contributing to an increase in pensions liberation [problem]s. The Financial Conduct Authority has issued a clear warning to savers about opting for early pension release, but adverts for early pension release often downplay the risks. http://press.which.co.uk/whichpressreleases/pension-[problem]s-cost-savers-millions/
  21. http://www.dailymail.co.uk/news/article-3531956/2bn-fiasco-huge-recycling-plant-dumped-Hundreds-workers-facing-sack-PFI-facility-shut-leaving-thousands-tons-waste-destined-landfill.html It occured to me after reading the article linked above, that we have sleep walked into a environmental nightmare, where efforts to reduce effects on the planet have been at huge cost, but not done in an intelligent way, so they are sustainable. We have created industries producing wheelie bins, recycling boxes/bags, recycling lorries, new council services etc. It would be interesting if someone produced a cost/benefit analysis of dealing with household waste, to see whether the efforts of householders and councils is really worthwhile. Surely it would be better to look at the manufacturing processes of household goods and to require materials to be used which don't represent any hazard if burned or they can easily be melted to be reused. It seems to me that an intelligent system needs to be worked out from the point items are manufactured right the way through to the end when they are either disposed of or reused.
  22. Hello everybody, I recently purchased a guitar effects pedal from a store over the internet via PayPal. I sent it back the next day during the cool-off period. The shipping in the online ad states free delivery. They have refunded me the cost of the item minus £6.99 for postage. I did a quick web search and came up with: The Office of Fair Trading; “The OFT’s view is that the normal postage and packing charges for the delivery, but not the return, of distance sales purchases must always be refunded in addition to the cost of the goods when orders are cancelled during the cooling-off period.” From Out-law.com: “Online shopping customers who send back goods straight away must not be charged for their delivery, Europe's top court has said. Consumers can be required to pay the cost of returning the goods but should be refunded every other cost, it said. 15 Apr 2010” “The UK's Distance Selling Regulations govern this right and consumer regulator the Office of Fair Trading has previously ruled that refunds must include the cost of postage or delivery of goods.” I contacted the store with this information and they sent me the following reply: "Thank you for your email and I do appreciate your point of view If you change your mind, you can return your purchase in its original condition within 14 days to us for a full refund minus any costs incurred for the initial dispatching using our express courier and any costs incurred by -------- for the returning of the order. Please note that shipping discounts are removed if your full return or partial return takes your order below the free delivery threshold (this only applies for items that have been sent). Orders which have received discounted shipping (for example, free next day shipping) will have to cover the initial express courier dispatching, normally £6.99. The fact that you received free shipping is because we applied a shipping discount to your order and paid this shipping as a goodwill gesture. We do not ship item via any standard (normal) delivery options and ship everything using express next day service therefore we are entitled to recoup any delivery costs from the refund. I am afraid that the £6.99 deduction is correct and does not breach any consumer rights. So, are they correct to deduct the postage or not? I would be very grateful for any answers to help me resolve this. Thanking you all in advance, Nigel
  23. This has been going for years now, what I want to know is why are these haulage companies not doing more to protect their vehicles, and drivers? Thousands of illegal immigrants have come into this country over the years, you can watch them on television, and see how they are managing to break into vehicles, we should have been able to stop this by now, it’s just shame that none of these firms are doing enough to stop it, there must be away. The sooner the better.
  24. My elderly disabled mum has got a new tablet (gawd help me) She thought she'd asked for a free sample of anti wrinkle cream from a site called worldfithelp.com It came, she tried it and of course, was useless. This month she's had 2 payments taken from her card, £89.90 and £92.85! I've just called the company based in Aurora Illinois and have been told she signed up for a monthly subscription. I explained she obviously didn't know what she was doing. She's 75 and never used a computer before, they have only agreed to reimburse the 2nd payment taken once they receive the parcel back! Is there anyway I can get my mums money back and report this company?:mad2:
  25. I booked a coach journey with Terravision from Manchester to Liverpool Airport. Pickup Manchester: 14:40 Arrives Liverpool Airport: 15:30 We were informed at around 14:50/55 that the coach would be 55 minutes late and that all buses throughout the day were actually around 30 minutes late. What annoyed us is if they were aware in advance that buses were running late all day long, then why weren't we informed? or a notice placed in the waiting area? so we could seek alliterative transport such as another bus company/ train and so on. This left us no alternative but to order a taxi costing £80!!! to get to the airport on time. Who is to blame here? and who can we seek compensation from?
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