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House With Undisclosed Property Defects?

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property defects

Undisclosed property defects can be an extremely stressful thing to spot in a new home given that moving house is already a very taxing process. It can leave you feeling somewhat helpless given that you have already agreed to rent the property and you might be led to believe that there is nothing you can do to rectify the problem without being left out of pocket.

What Actions Can You Take If Your House Has Undisclosed Property Defects?

In reality, there are steps you can take to ensure that you are not mistreated when it comes to renting a house with undisclosed property defects. A lot of this will depend on various factors such as the length of time between the contract signing and the discovery of the defect itself, as well as the severity of the problem or problems.

In the event of discovering the defect prior to completing the handover of the property and signing the contracts then the tenant is entitled to the following:

  • To refuse to complete the deal
  • Claim damages
  • Reduction in price

More commonly however, the discovery of the problems may occur after the property takeover has been completed, meaning it can be difficult to figure out what your rights are. Some of your options in this scenario include:

  • Terminate the contract
  • Claim damages
  • Claim on the grounds of a contract breach or misrepresentation

How Are Misrepresentation Claims Handled?

It is expected within a contractual agreement for a property that the appearance of the property must match the description or the tenant will be entitled to make some form of claim against the housing association, and this can be any of the above depending on each individual situation.

It is also important to note that there are three separate types of misrepresentation; fraudulent, negligent and innocent. Establishing which of these categories your situation falls into can impact the way in which you will be compensated for your defect issues. If the misrepresentation was fraudulent then it is likely that you will be able to claim damages as well as being able to terminate the contract, and the same goes for negligent misrepresentation. Innocent misrepresentation is slightly different in the sense that either of these can be awarded depending on the court’s volition, but in this case it must be one or the other.

If you feel that you have been affected by the issues raised within this post then you can find out more by emailing us at info@consumer-rights.org to help get a better understanding of the options at your disposal.

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Flight Delay Entitlement

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flight delay entitlement

Having your outbound or return flight delayed can really put a dampener on your trip, as well as potentially being highly disruptive to your business plans. This is not something you need to simply accept and you may well be entitled to compensation depending on the circumstances surrounding your delayed flight such as the causes and the length of the delay. Flight delay entitlement is something which is well worth looking into if you have been the victim of a delayed flight in the past six years, and can go some way to perhaps covering the costs incurred as a result of your delay or simply making up for the inconvenience you have suffered.

 

Flight delay entitlement doesn’t exclusively apply to delayed flights. You are also well within your rights to claim for a cancelled or even overbooked flight should that match your situation, and the claims process is very much the same.

 

Flight Delay Entitlement Explained

Here we are going to discuss in more depth your flight delay entitlement. Even if you have suffered a significant delay, you may not always necessarily be entitled to be compensated in the form of money. Your airline will, however, be required to help you out in other ways such as food vouchers to account for the additional time spent in the airport, as well as arranging and paying for overnight stays in hotels should the situation require it. All of this depends on the length of extra time you will need to stay in the airport as well as the reasons for which your flight got delayed.

 

Your flight delay entitlement may also be impacted by the actual length of your delayed flight itself, but all of this will become more clear as we explain the flight delay entitlement process.

 

If your delayed flight totals anything under 2 hours you are not eligible to receive any form of compensation, however anything above this means that you may be able to claim reimbursement. For those who’s flight delay was between 2-3 hours you will not be entitled to a financial reimbursement, but you must receive food and drink from your airline, access to a phone or at least some mode of communication and even overnight accommodation if necessary. If your flight is delayed by more than 3 hours you are legally entitled to everything we have already mentioned, as well as actual financial compensation provided that the delay was caused by a fault of the airline. Circumstances such as inclement weather conditions or security issues will mean that compensation will be unlikely. The amount you are likely to gain in compensation typically varies depending on factors such as flight distance, how long your flight was delayed for and whether or not your destination falls within the European Union. You can find out more about the precise amounts which you are entitled to depending on your circumstances here.

 

If your flight delay totals more than five hours then you are faced with a number of options. You can choose whether or not you wish to still board the plane, and if you choose to do this then you could claim as much as £600 as well as all of the additional benefits we have touched on for flights with a sub-five hour delay. If you decide against taking the flight, which you are also well within your rights to do, then you are entitled to a full refund for your ticket as well as any other flights on your trip which may have been affected as a result.

If you would like more information about the flight delay claims process click here for our comprehensive guide to flight delays and how you can go about claiming what you are owed.

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Advice

Were You Mis-sold Your Home?

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Were You Mis-sold Your Home?

Moving house is a testing but exciting time in your life and it comes with its own list of challenges that can be difficult to overcome. The last thing you want to happen is for further unnecessary complications to make the process more difficult than it already is, but unfortunately this is often the case for a number of people and being the victim of a mis-sold house is becoming more and more common.

A mis-sold house might be a concept that you are unfamiliar with, but it affects more new homeowners than you might imagine. Thankfully there are specific requirements which must be adhered to when selling a house and if you are misled in any way during the process of buying a new house then you may be entitled to make a claim.

What Does A Mis-sold House Mean?

An instance which could be classed as a mis-sold house could be when you purchase a new-build leasehold home only to find out further down the line that there are clauses within your lease that you were not made comprehensively aware of. The ramifications of a lease must be made explicitly clear to the individual concerned as it can leave buyers unable to sell their home further down the line due to what they have been tied into.

It can be difficult to prove that any wrongdoing has been made by the organisation that sold you the lease and so it is important to keep a log of any misrepresentation you have been subjected to in order to be able to form a valid and winnable case.

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Advice

Was I Mis-sold An Endowment Policy?

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What Is An Endowment Policy?

An endowment policy is essentially a life insurance policy which is obligated to pay out after a set time period or upon the death of the policy holder. The time frames can vary depending on the age of the individual and the policy itself, and in some cases these policies may pay out upon diagnosis of a terminal illness.

You may be entitled to claim if at any point the terms of the policy weren’t clearly articulated to you when you took it out or if the information you received was inaccurate in any way. Your advisor is obliged to make a full assessment of your financial situation and the levels of risk involved in taking out an endowment policy of this nature, and they must also make the fees and charges involved clear to you as well.

Mis-sold Endowment Policy Claim Time Limit

It is important to note that there are often time limits to consider when attempting to lodge a claim for a mis-sold endowment policy. Typically you will receive a warning letter informing you that there is a significant risk of shortfall, and from this point you will have three years with which to officially make your complaint. You will also receive a letter six months before your end date, and any complaints submitted after this date will be dismissed as being simply too late.

The first step is to contact the company who sold you the endowment policy themselves. There are some scenarios whereby the company who mis-sold the endowment policy actually no longer exist, and if this is the case then the best option is to get in touch with the Financial Services Compensation Scheme to discuss your options in further detail.

Once you have submitted your complaint the company should respond to your query within approximately eight weeks. You may be offered compensation within this response, and if that is the case then you will be able to personally determine whether or not you feel that this is sufficient. If you are not satisfied with what is being offered then you are within your rights to complain to the FOS (Financial Ombudsman Service) in a further 6 month time frame for an independent review.

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