Laying down the law

QI BOUGHT a suite and paid in full.

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The sofa had a hole in it and the company sent a repair man out.

I did not approve of the repair and told the company.

They said they would email the manufacturer and they would get back to me.

No-one has. Am I entitled to my money back? The salesman was rude to me.

ARude or polite, if the goods you buy are not of satisfactory quality (as these aren't) and no repair has been carried out properly, you are entitled to your money back.

And don't be put off by the shop trying to pass the buck to the makers, your contract and statutory rights are with the retailer and no-one else.

QI was made redundant and took my employer to a tribunal to get an award of the proper payment due under redundancy, breach of contract, accrued leave and monetary award.

The ex-employer has ignored the order for payment. I got a sheriff officer to serve the order on the firm but no progress has been made about payment.

I understand the employer is trying to get the firm struck off.

AThat's presumably to avoid paying altogether.

I strongly suggest you see a civil court solicitor to look at your options.

While the company remains going you can take what is called civil diligence against it – that involves getting into its bank account or threatening liquidation.

However, if the company has no assets that might make this kind of action pointless – but has it been shifting assets away, which a liquidator can bring back?

If all else fails the Government's National Insurance Fund will pay. Visit -rights-if- your-employer-is-insolvent/ claiming-money-owed-to-you

QIn our part of Glasgow it is the "in thing" to monoblock driveways and on to the pavement and use the area to park vehicles 24/7 to the exclusion of others and even put up notices saying No Parking. Is this legal?

AI would have liked to know more information about this, but fundament-ally if a street is a publicly adopted roadway and pavement, it should not be blocked or obstructed.

So far as covering it with monoblock, speak to the council roads department and Transport Scotland, as depending on what kind of road/pavement it is, and what title deeds say for the property and carriageway, there may be planning and title deed restrictions on changing the surface.

And they cannot stop you parking outside their property as long as you are not blocking them in.

QI paid a professor to examine me for a claim. His report is based on what he says are my notes but I can prove they were not.

ATell your solicitors this and ask for a copy of the notes the professor used. If a mistake has been made, a fresh report can be done by that professor or another if you don't want to use him/her.

Do you have a legal problem? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at (putting Austin Lafferty in the subject field).


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