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Q: My neighbor has started renting her record to make money, but we share our record.
There seems to be a different car parked there every week, so I have no idea who comes or goes and I feel uncomfortable with strangers camping outside my house. Can I stop this? PB by email
Consumer rights attorney Dean Dunham responds: It appears that your neighbor owns the driveway and you have a “right of way” to drive over it or park your vehicle in it. If this is the case, you will need to establish exactly what rights you have, which you will find on your property titles or by conducting an online search at the Land Registry.
Here you can get what is called a “copy of office entry” – an electronic document that sets out various matters relating to your property, including any attached rights such as rights of way, which you will find in Section A.
One reader said he felt uncomfortable with lots of random cars parked in their shared driveway (stock image)
If you simply have the right of way over the driveway, it will usually give you the right to simply go over the driveway in order to go to and from your land. This will not entitle you to park in the driveway.
Whatever rights you have, your neighbor must respect them and allow you to exercise them. So if it is your right to go through the driveway, you should be free to do so; If parked cars block you from passing through the driveway, it will be a violation of your rights. Likewise, if you have the right to park in the driveway and are prevented from doing so, your rights will have been violated.
In the first instance you should raise the matter with your neighbor and remind her of the rights you have. If this is ignored, you can apply to the county court for an injunction, which is a legal tool used to stop or force someone to do something using a court order.
If you take this route, you will need to demonstrate to the court that your neighbor’s actions are causing substantial interference with your ability to take advantage of your rights in relation to the driveway.
Q: I was tricked into believing I was purchasing jeans from a UK retailer through an online shopping platform, but in fact it is located in China.
I want to return the jeans within the cooling off period but the retailer says this law doesn’t apply and my card provider won’t refund my money because they say the retailer hasn’t done anything wrong. LJ Portsmouth
Consumer rights attorney Dean Dunham responds: In the UK we have some of the best consumer protection laws in the world, but they only apply, and therefore protect you, if you buy from a UK-based seller or an overseas seller who agrees that The contract will be governed by English law. , which is rare.
This is why I always recommend buying from a UK seller, as if something goes wrong with a purchase you make from a foreign seller, your rights and remedies will be limited and often non-existent.
The seller here is right: the Consumer Contract Regulations do not apply; only Chinese laws will apply, as it appears that you have not agreed to be governed by English law.
As a note, if the seller had been located within an EU country, they would have been lucky, as although the Consumer Contracts Regulations would not apply, an equivalent law would have protected them, as all EU countries the EU are obliged to implement laws. that protect consumers when making a remote purchase.
There is good news here, however, as your card provider was wrong to reject your Section 75 claim.
Card providers are obsessed with the need for there to be a “breach of contract” for there to be a Section 75 claim. But this is not the only reason a claim can be made.
The law (section 75 of the Consumer Credit Act 1974) also refers to “misrepresentation” and clearly states that consumers can also make a claim under section 75 where there has been a misrepresentation by the seller or trader. .
I often see foreign sellers and traders, especially those from China, deploying tactics to trick consumers into believing they are based in the UK. Common tactics are to use English-sounding business names and ‘.co.uk’ websites to mask the Chinese entity.
If you are on the receiving end of a tactic like this, it will amount to misrepresentation and will therefore trigger Section 75 protection.