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Showing results for tags 'principle'.
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Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract should I be aware of this. The vendor painted over the damp walls and made the property look nice so there was no way of knowing the hidden problems just by seeing it. My case was last month and the Judge stated that I had no legal standing with my claim and on the caveat emptor principle dismissed it. I was never allowed to present my case or ask the vendor any questions. The whole case was about 15 min long during which the Judge talked. The vendor was not asked even 1 question. To take this matter to court cost me £800 already and I feel I have been treated badly and did not get proper hearing. So I wonder how do CPR’s 2008 regulations protect buyers from cheating vendors? Also I feel that Judge failed to deal with all the issues that were put to him as per section 68(2) a and d of the Arbitration Act 1996. In fact he did not deal with any. I am considering an appeal any help/advice would be appreciated.
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So here's an interesting one. I worked in a small business (not as a director) . I organised for them broadband, at the business address, supplied by the nice "be unlimited" people. I never signed anything (let alone any kind of credit agreement), and the bills (direct debit) will have been paid out of the company's bank account. Some time later, company gets bought. New company takes over everything. Meanwhile "Be Direct" gets bought out by (ack, spit) Sky. What I suspect happens late last year is the new owners, somewhat incompetently, close the old business account, and DD payments start to fail. Looking at my archives, I see a single email (to my business email) from Sky to "avoid suspension of your service" - and then - nothing. But I've no real idea as I have no visibility of how it was ever paid for. Late last year I start getting texts and emails from 'pastduecredit' - that I totally ignore since there's no information about what they want (I figure - if it's important, you put a stamp on it and post it to me). I have no idea if it's related to the threatening email I've had today from BPO, on behalf of Sky for..... £20. I frankly find the whole approach pretty rude. Other companies seem to be able to send email or post to request payment, and I'd simply pass it on in the company and they'd pay it. I've heard nothing, save this sudden "pay up or else we'll recommend further action or a field visit" bullying. I'm minded to ignore them until they can find a stamp? I'm certainly happy to spend my own money to bleed these beggars on 'due process' (e.g: please prove it, I'll only talk to you by post, etc) just on a point of principle. Any danger in that?
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I bought a Samsung laser printer from Argos in February 2010 for approx £70. It now has a bizarre fault whereby I print one document just fine but print another one and the light flashes but it doesn't print. In order to print the second document, I have to switch off the printer and back on again. I haven't spoken to Argos about it but their answer will be "go away." A new Samsung printer from them is £50. Alternatively, I go through the small claims court which will cost approx £70 but no court costs whatever the outcome. So, it is cheaper and less hassle to buy new or do I take action on principle? Fortunately, I have 'real world' experience in employment, firstly 5 years in retail and now 6 years in the public sector. But what I also have is a very particular set of skills. Skills I have acquired over the course of my law degree, skills that make me a nightmare for shops like Argos. Seriously though, although consumer law was a strong subject for me, my dilemma at the moment is wondering if such a relatively minor fault is going to pass the 'reasonable person' test under S.14 of SOGA or is it reasonable to expect that such a fault could occur after 3 years? Victory would see a repair or replacement printer sorted by Argos and my costs paid but the fact remains that a new printer is £50. Just to humour me if nothing else, what do you think?