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  1. https://www.consumeractiongroup.co.uk/forum/showthread.php?296513-296513&p=3317951#post3317951 I am just considering this and contemplating taking court action against unregulated property manger who took a secret commission
  2. Hello! I have won a bid on eBay for a heavy, bulky item and in the listing the seller stated: "· Please only bid if you have a big van to transport · Have at least 2 really strong people to carry, preferred 3 strong people. As it is extremely heavy. o IF this two points are not met, I will not give access to the property, as I don’t want anyone dragging the bed out of it by damaging my floor boards. I won the bid, paid instantly by Paypal, as stated in the listing and THEN the seller said they didn't accept PayPal but would only accept cash on collection. It's a 2.5 hour drive away and based on the seller's threat to refuse entry I wanted to hire a professional and insured firm to collect, the seller suggested I bank transfer payment and refunded my PayPal payment. I hired a firm, having spent a good deal of time getting the ones with the best customer feedback who could meet the sellers requirements of "after 6.30pm during the week or weekend collection" and the movers stated they are insured but did not state for what exactly. I paid by bank transfer just now and the seller has contacted me saying "Please them know. if they do scratch my wallpaper, they have to pay or get this sorted" Grrrr - if this item wasn't quite rare and such a bargain, I'd tell the seller to shove it and buy elsewhere but to save things from becoming a massive pain in the rear for me - what can I do to ensure that if the couriers do cause damage I don't have to deal with this seller to get it sorted? Who is liable if they cause any damage? I have sent the courier the eBay listing AND contacted the manufacturer of the item to find out the weights of each of the elements of this big and bulky item if it does, who would the seller have to sue, me or the courier? Thanks in advance for your help JunieJ
  3. Hi there I am trying to find out if Lowells did buy the debt are they liable to pay the PPI or is it the Cap One as the Original creditor who is liable to pay this back. I have read it somewhere it is the original creditor who has the right to PPI. Any advice would be greatly appreciated. I have a Cap One card with a small balance which would be SBd in a few months. Lowells claimed that they bought the debt but I had a dispute with Cap One for a long while. I have some PPI on that card which I want to claim. Lowell had put a Default Note in my CRA and the account is in their name although I had a dispute with the original creditor. Are they allowed to do this? I am going to send them a letter so would be grateful if anyone has had similar experience and has got a letter so I can send Lowell's a similar letter. Many thanks
  4. Good evening, I have a problem with a Hermes collection which is making me very worried and upset. I arranged for a parcel to be collected, the courier finally turned up and my husband saw the courier collect the parcel but on checking in the safe place there was no card. My parcel hasn't been received by SimplyBe so they made enquires with Hermes who deny there was a driver in the area on the day my parcel was collected. They have advised that I am liable for the value of the goods. What do I do? Is my issue against the courier or SimplyBe? I have read how awful Hermes are with numerous posts of missing parcels, fraudulently signed deliveries. Any helped would be appreciated. Thank you
  5. Hello, I am writing here on behalf of my mum. My mum works for one of the major food retailers. One day, in the store canteen there was an independent advisor who had set a desk for the day to talk to staff about tax relief/rebates etc. The main points were about how you can claim back allowance for washing your own work uniform and stuff like that. The company that were allowed by the retailers was called UK Tax Refund Limited. As you can imagine, many staff members at the store, and at 3 other stores around the area were interested in this advice. Unfortunately this has since turned into a bit of spoof, in that people were asked to sign forms in which they were assuming they were giving permission for the person to act their behalf to claim back rebates/ allowances ect. However it now appears that the extra small print on the forms gave up far more than that. I dont have the exact details as this is third hand information, but it appears people have signed away certain rights etc. What I want to ask is, surely the retailer has liability here for any loses suffered from this. The retailer allowed the company in and set up on their premises. From a staff point of view, they did not seek out the advise, it was brought to them. the staff all made the assumptions that this was something sponsored by the employer, and was therefore safe. at this moment the retailer is washing their hands of it, stating that any member signing a form accepts responsibility for their actions. Surely that cannot be true. What would be the best course of action for the staff here to get the retailer to acknowledge their liability in this by allowing a company on their property without checking credentials, or, even telling the staff that this was an independant company and in no way affiliated with the retailer? Is there a class action here? we are talking about lots of people across multiple stores that were miss-sold advice.
  6. I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.
  7. http://www.theregister.co.uk/2016/05/26/bank_fraud_liability_shake_up/
  8. Hi all, Thanks for giving this a read. Please let me know if this is not in the correct sub-forum and I'll flag for it to be moved. I'll try and keep this short and succinct: We have just returned home from our time away in another city for work and we kept our car in the private residential basement car park for our building - key fob / building access is required for entry. We noted that a number of external components had been stripped off our car and taken. The interior was not broken into as far as we could tell. Additionally, the wires to the CCTV unit which overlooks the whole car park had been cut and the unit taken away. The car park itself is quite small - fits about 8 cars and is rectangular in layout. We did what we could on a weekend: informed the police, put up posters and notices around the car park, and spoke to our neighbours. One person reported that the CCTV unit had been missing for more than a month. We also e-mailed management with regards to this footage and to also inform them that the security of this car park is compromised. The question: would 'management' be liable in this incidence? We pay a fairly significant monthly premium to them - £50 (an official letting agent) - in addition to rent, for a parking spot in this car park yet we were not warned to park at our own risk, nor are there any signs to highlight this. Plus no signs to highlight active CCTV monitoring. One would think that for such an additional amount, there would perhaps be more attention to maintaining the security of this car park (occasional checks of CCTV camera for faults, for example). I agree that parking the car down there for 4 weeks without checking it is questionable, but in consideration of the fact that we were away for work and such a car park requires key-fob access, there was a CCTV, it is private and in the basement, this may perhaps be forgivable. We are waiting for management's reply - hopefully by today, but just posting this in preparation for the direction we hope to take. Thanks in advance for your thoughts.
  9. Am I liable for emptying a deceased's relative's flat of unwanted furniture? My auntie recently passed away I very rarely seen her and was shocked that I had a phone call on the weekend saying she passed away in hospital, as I'm her only living relative, I contacted the housing association about giving her flat up, they told me I would need to clear the flat I told them I can't due to other commitments and living too far away, they told me I would be liable to pay then so much for 3 items, can they do this? Am I liable for any costs?
  10. A friend shared a house with a man for a few months. She was not in a relationship with him nor was he a friend. She just happened to live in the same house. She left the house about 4 months ago and apparently the man she shared with is now in prison. She is being pursued by the council for this man's unpaid council tax. I understand that the council is allowed to pursue fellow tenants, but is this still the case when the council knows where the other person is living (ie prison?) Is there any way that she can avoid having to pay someone else's debt?
  11. People who are the victims of so-called "vishing" [problem]s cannot always rely on their bank to compensate them, a study has suggested. In nearly two-thirds of cases the Financial Ombudsman Service (FOS) found that banks were not responsible for victims' losses. It looked at 200 examples of the telephone fraud, in which account holders lost up to £100,000 each. But it ruled that the bank was liable for those losses in only 37% of cases. In 63% of them, consumers were left without compensation, having, in effect, given their own money away. As a result it is warning that account holders need to be much more aware of the risks. http://www.bbc.co.uk/news/business-33386934
  12. People who are the victims of so-called "vishing" scams cannot always rely on their bank to compensate them, a study has suggested. In nearly two-thirds of cases the Financial Ombudsman Service (FOS) found that banks were not responsible for victims' losses. It looked at 200 examples of the telephone fraud, in which account holders lost up to £100,000 each. But it ruled that the bank was liable for those losses in only 37% of cases. In 63% of them, consumers were left without compensation, having, in effect, given their own money away. As a result it is warning that account holders need to be much more aware of the risks. "We really want to share what we are seeing in the complaints we handle, and encourage people to get talking about scams with their friends and relatives so they become more alert to the risks," said Caroline Wayman, the chief ombudsman. More ...
  13. Hello, I privately rent my house thought a letting agent and told them on their last inspection last month that the lock on our garage was broken and the goods in side were not secure, the garage is not attached to the house but about 30mts from the house. we moved everything we possible could from out there to the house but could not fit in all my sons expensive fishing gear as the rods were too long and a moped (for obvious reasons although it had a lock on ) About 5 month ago we had stuff stolen from our garden, about £1500 worth of profession fishing gear that was soaking wet and had been propped up against our patio doors to dry out, they were there for all of half an hour before being stolen , we have a 6 foot fence and also a gate that locks. so this was why I was anxious the landlord fixed the garage asap. As to if the letting agent passed this on to our landlord I do not know. Am I wrong in thinking that the landlord has a responsibility to repair and make secure the garage ??? I feel he should compensate for our loss from the garage this time......we claimed on insurance for the theft last time as I guess we were responsible for leaving out even though the garden was secure. Any advice is appreciated. I am thinking they will keep coming back so am in the process of looking for another house and I can't sleep well because of the worry and anxiety.
  14. Hi, I have been a joint executor of my late Grandmothers estate for the past three years. The problem I now have is that the flat, which is a 70% shared ownership (over 55's apartments) has been on the market for the last three years. Its had a few views and a few offers. The last offer was rejected by the management company, Equity Housing (www.equityhousing.co.uk), who say they means test the candidates before they are allowed to let them live at the property. They where rejected because they had too much money ?!? OK, fair enough I suppose. Whats happened now, is that there is no more money left to pay the monthly service charge to Equity, Council tax or other monthly outgoings. The solicitor has now decided they will stop representing us/the flat because there is no more money to pay for anything. My questions if any one can help is; Can I hand back the flat to the Bank ? Should I demand that Equity be more involved ? Am I as executor liable for these bills and if they don't get paid will that go against me ?? I'm all ready with a Debt managment company and only just getting straight. Thanks for any advice.
  15. A DCA paid money onto account to make me liable for a debt , I now have the proof that they did this , what can I do , as its showing I made a payment, and by doing so its implying I accepted that I owed the money.
  16. Hi. I am currently going through with a DRO (debt relief order) and it's taking longer than I would wish, plus the guy from Citz Advice is not really helping at all. I get back tonight and 2 letters. One is from Collectica, saying I now owe them £215, £140 of the remainder of the fine and £75 for their BS fees. I have been paying this weekly, missed a week here and there but generally up to date, it was for a motor fine with courts. This is not in the DRO as fines can not go in dro. However the 2nd letter is off CCS Collect. Saying I owe upto £300 for variou HMRC stuff. This fine is in DRO. They have 'threatened' with action if I do not pay them etc. They say 'our clent hmrc has authed us to recover full amount due. we regret that if no payment in 7 days or an offer to pay etc we will advice cliebnt to litigate amount due with court costs and court fees. This is in the DRO so what's going on? Can anyone shed light on these 2? I have been working in the library on new business ideas all day and the last thing I want to come home to is this ****!
  17. I recently moved house and have noted an issue in the new property that I feel should have been disclosed to me during the conveyancing process and as such puts a liability on the vendor to make good – I’d appreciate some help and advice on my position here if possible. During the conveyancing process I opted for a standard valuation as I felt the property was ok and was more or less aware of the things that needed doing. There wasn’t anything I noted that required my attention. The part of the property in which I have identified the issue is the garage which is adjoined to the house by way of a ground and first floor extension (the hallway is extended at ground level to almost mid garage and a first floor bedroom is extended to the same point across the roof – no internal access). The issue is that there is penetrating damp from an adjoining property. When I viewed the property (twice) the garage had things in it which would have prevented me seeing any damp spots. The garage and property were cleared by the vendor before completion. During the conveyancing I raised an inquiry via my solicitor asking “is there any damp in the property?”. The response which was received from the vendor solicitor on their headed paper was “the property does not suffer with damp”. Clearly is does, and it appears to have existed for a while. My question here is what is my position and how can I progress this matter to get the vendor address the issue. Had they not stated what they did, I feel I would not be able to challenge this point but as they categorically stated there is no damp I feel they are liable. At this moment in time I have written a letter to the vendor advising her of the issue and my position. I did state that I hoped we could open a dialogue to come to an amicable resolution and asked for the thoughts and comments on the matter. I did propose that they settle any cost for resolving the damp too. Any help and advices would be greatly appreciated Merv
  18. Hi, i need some advice as to whether brighthouse are liable for the repair on my washing machine please? I used brighthouse when i couldn't afford to go and buy a replacement washing machine. About 7 months later our cooker and fridge freezer broke within days of each other so purchased them from there also. After about 18 months the washing machine broke so brighthouse came to repair it and said it needed taking away and a loan machine would be provided. To cut a long story short the loan machine was a disaster and flooded my kitchen twice! Then nobody from the store got in touch about my machine so i had to contact them. After this they tried to return my machine 3 times but i refused it each time due to the condition that they tried to return it to me in. The final time they took the cover off and it was covered in dents and scratches so i told brighthouse that i wasn't going to pay until this issue was dealt with. Bearing in mind that they had had my machine for nearly 12 months!! I received a phone call from the manager who offered a new machine in replacement and i would only have to pay what was left on the old one (which was only a few weeks). I agreed to this and received the new machine. A few weeks later i finished paying for it and 7 months later the other two items. So my account is finished (thank goodness). The problem now being the washing machine has broken! As it is less than 12 months old are brighthouse liable to repair it or not? I would appreciate any advice, thanks.
  19. hi, Ok we rent a property through your move on a fully managed package, our tenants father is the guarantor. the tenant had only been in the house for 6 months, but after constant late payment of rent from the start we issued notice within the first six month, she moved out 04.01.15. the condition of the house is shocking, and your move had to send in a specialist cleaning team who quoted £925 for the clean and redecoration of the property, cleaning company advised it was the worst they had seen ever, also locks had to be changed as tenant did not hand the keys in. the Guarantor paid a deposit of £725, he is obviously not going to receive any of this back, but we are now being told by your move that we the LL have to pay the remaining balance or take the Guarantor to court.. what i want to know as it states on your moves website that the guarantor is liable for all damage costs over the deposit, is the guarantor liable, im sure your move would have had them sign a deed of guarantee stating this....all other sites i have looked at state the gurantor is liable for all losses etc. when we first saw the damage i did ask the your move branch if the cost was more than the deposit would we have to pay and they also advised no as there is a gurantor on the property. just need some proper advise as your move do not want to help even denying what is on their website, have check with shelter scotland their site also state the the gurantor is liable.
  20. My son bought a small VW van for £100 intending to work on it and get it back roadworthy. He parked it off road on his drive, behind locked gates because it wasn`t insured. Some vandals damaged the gates, smashed 2 windows in the van and pushed it a short distance away. This was about 9.30pm, my son was out but left house lights on etc. at about 11pm my son found out that the van was taken and The Police had already called the garage out to tow the van to a garage about 5 miles away. The van was taken a second time without the owners permission by the garage, now the garage want my son to pay £150 recovery charge plus a daily rate. My son, given a choice would have pushed the van back onto his drive. The bill is over £250 which my son doesn`t have , he`s trying to support his young family on an apprentice wage, the van is not worth much now it`s been damaged - so who`s liable for the garage bill? He didn`t ask the garage to come out, he didn`t want the garage to come out the Police called them.
  21. My son bought a small VW van for £100 intending to work on it and get it back roadworthy. He parked it off road on his drive, behind locked gates because it wasn`t insured. Some vandals damaged the gates, smashed 2 windows in the van and pushed it a short distance away. This was about 9.30pm, my son was out but left house lights on etc. at about 11pm my son found out that the van was taken and The Police had already called the garage out to tow the van to a garage about 5 miles away. The van was taken a second time without the owners permission by the garage, now the garage want my son to pay £150 recovery charge plus a daily rate. My son, given a choice would have pushed the van back onto his drive. The bill is over £250 which my son doesn`t have , he`s trying to support his young family on an apprentice wage, the van is not worth much now it`s been damaged - so who`s liable for the garage bill? He didn`t ask the garage to come out, he didn`t want the garage to come out the Police called them.
  22. Hi, I sold my ten year old Citroen privately to a buyer. The car had cosmetic damages on the passenger door side i have taken photos of all these damages and listed on autotrader, it had 5 months MOT let and Full service history, recently changed cam timing belt and fitted new battery. The seller come down checks the car for 2 hours and take it away after signing a sale receipt which mentions "sold as seen". 18 days on he calls me and says he got an independent check and there is a list of fault with a major fault with gearbox which he claims has been there for a while now and the car is now not road worthy. He says he can give me 3 options, 1 i take back he car and give him his money back, 2 I pay for the repair costs or 3 we fight it out in court. He is quite stern and I'm so stressed since this was my first car and i do not know anything about buying or selling. He claims i have sold him a non road worthy car and I am breaching some buyer seller act or trading standard act. He also claims that the independent check does prove the problem has been there for quite a bit and the car was in fact non road worthy at the time of sale and i have sold him an unsafe car which is a criminal offence? I honestly dont know much about cars and i have been using it without problems. I have asked him to send me the report by email its been 6 days an no news. Today he has rung me twice and i haven't answered. Can anyone please advice? Should I get legal help? And also I just cannot answer his calls, its too stressful. What should i do next? Am i in the wrong? I have always kept MOT tax up to date, changed battery and cam belt at 69k even though recommendation is to change at 70k. I would never have sold knowing it had problems and may even consider chipping in to cost of repair if that's what i am supposed to. I just don't want it to be a case of him taking advantage of my lack of knowledge. Thanks R
  23. If a bank sent a letter out to a customer in June 2013 saying that they had a payment of £544.21 off a loan which reduced the monthly payments, and it comes to light in September 2013 that that payment was not taken off the customer's loan, is it on the customer to prove how the payment was made, or the bank to prove why it was not taken off the loan and where it went? I have gone through RBS complaint's team and they are now trying to say the letter was a mistake and sent to me in error, yet it was system generated, so that either means all their system is wrong with customer's information or the information was on their system already for the system to produce and send me a letter confirming a payment received. I have passed it to the Ombudsman as RBS will only offer a small amount of compensation for the letter they now say was erroneous, rather than honouring the letter and taking the stated amount off the loan as the letter says.
  24. On a recent holiday in Devon, my rear side panel has visibly damaged by a stone thrown up from a Devon CC owned verge cutter and will cost upwards of £300 to fix. Devon CC's insurers have not admitted liability as they say the drivers are well trained did nothing wrong and the onus was on me to have avoided the stone (not clear how this could have been done?). Can this really be the case? The driver was very apologetic and I have no issues with him but he did inform me that a similar accident happened a month ago on the same road. He also said that the verge/hedge cutting used to take place 'out of season' to avoid damaging more cars. Are the council negligible in not using their common sense or on any other grounds or iis this a battle not worth fighting? Any views, most welcome.
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