You and the Law – 5th April 2011

Cash download

I ordered a computer from a national mail-order supplier, paying nearly
£600.00 by Switch.  I have received no goods or refund, and the business has apparently been taken over by another large firm which is using the name but has taken on none of its financial liabilities.  How do I stand as regards getting either my money back or delivery of the computer?  BY

This is bad news.  I’m afraid you’ve probably lost the lot if you’re
correct about the terms of the takeover.  Check this out, although your chances of getting your goods or your money will be equally remote if the firm has gone into receivership or liquidation.

If you went to the firm’s warehouse and found your machine with your name
and address on it, it would be yours to take away.
But be wary of paying for anything in full up front.  You would have got your
money back if you had paid by credit card.

Tow the line

My neighbours have recently parked a caravan on their drive close to the
wall of my house.  The deeds to the houses in the road clearly state that
owners should not keep caravans, boats etc on the property.  Who should be enforcing the covenant?  GC

If you live on an estate it’s possible the covenant will have been put in
place by the developer, and you could ask the developer to enforce it,
although the developer is unlikely to want to get involved unless you agree
to fund the costs of enforcing the covenant.

Generally, where there is a “Building Scheme” the owners of the houses
comprising the estate will have the benefit of restrictions like this and it
will be possible for you to action the covenant directly.
Restrictive covenants give rise to complex legal issues and you will need a
solicitor’s help to establish the best means of enforcing the restriction.

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