we purchased a car from ebay, descripton given for buyer was false to the actual condition of car when arrived. is this illegal of the seller to sell a car with false information for which he admitted to over the phone? have i got any legal right in the situation? is it against the trades discription act?
Answer:
You have a legal right and the seller may also have committed an offence.
Talk to the Citizen's advice bureau and also contact EBay, they might be able to help (though I doubt it).
Since you have spoken to the seller, is he prepared to take the vehicle back and give you a refund?
Also is he really a trader masquerading as a private seller. If he is a trader then you report him to the trading standards dept of your local council and they can take action against him.
As for recovery of your money, see the CAB
yes
Fraud is NEVER legal.
yes it is called false advertising if you still have the advertisment take it to a solicitor you have a case. good luck
i dont think you have mate, report him to ebay and give him bad feedback,
i bought a car from a dealer and the head gasket has gone, he wont respond to me , try trading standards online ,
to sell the car, no. to give false info, yes.
You got tons hope you saved the description though cause your going to need proof.
obviously
read the small print on e bay or contact someone.i shop on e bay but i wouldnt buy electrical equipment definatly not a car.or anything big like that
Yes. It could in some cases constitute fraud or in many other breach the trade description act, as items sold must be "as described".
You may have recourse through small claims court if you've had to spend money to repair anything that was described as being in good shape.
Other than that, bad feedback to Ebay may be your only recourse.
A suggestion for the future would be to have any vehicle you may be thinking of buying checked by a mechanic first.
You had every right to walk away and not complete the sale.
If you did not see the car prior to completion of sale then you have a case and best go to trading standards.
You should have a legal right because the car didn't match the description given. Therefore, its falsified information.
Good luck with getting it all sorted!
Of cause it is, but why did you buy it when it turned up and it was not as described.
Did you view the car before you bid for it?
Most cars sold on Ebay are 'sold as seen'. If you didn't go and see it, how the hell did you know what you were going to get?
You could sue for breach of contract by misrepresentaion, but my guess is you'd lose!
If they were a seller in the course of a business, you could take advantage of the Sale of Goods Act 1979. If they were a private individual, there are conflicting possibilities, from misrepresentation - which goes in your favour - and caveat emptor, which means "buyer beware". Why you didn't check on the condition of the car before you purchased it would certainly be flagged up.
Best thing to do? Get some legal advice, be it CAB or a solicitor.
it's a misrepresentation and the contract can be rescinded i believe
no its fraud but if he has given you a receipt marked 'sold as seen' there is little for you to do, the sensible thing would have been for you not to pay for the car in the first place and if he is a private seller you have little recourse
Tuesday, May 25, 2010
Is it legal to search through someones mail or discuss peoples mail with the mail man?
I have a two bedroom apt. My brother has recently moved into my second bedroom. He has mail sent here now. Recently my apt. manager has sent me a letter inquiring who (my brothers name) is and why he is receiving mail in my mail box. It further states to remind me that I am the only one who can receive mail here. I did not have my brother sign into the lease and so I am sure that she is right in saying that I am the only one that can receive mail. But I wonder how she came to know that he was receiving mail in my box. There are only two things I can think of, either she looked in my mail box or she was told so by the mail man. Now a neighbor said her and the mail man were friends so it is possible. Given this, does she have even have the right to ask me this if the two ways I stated above are illegal?
Answer:
That's shady, but not illegal, until she actually starts opening his mail and reading it.
only if the mail wasn't opened i think
Have your brother get on the lease, or get a P.O.Box. The manager is doing his job. The envelope is not personal (if it were the postman couldn't look at the address to deliver it), just the contents.
no thats illegal for either way!! however your brother also isnt supposed to be there so you are both in the wrong..
It depends...she din't guilty of anything until she tampers with your mail. Mearly looking in your mailbox is not enough to be criminal....and she has a legitimate reason if she knows there is someone who should not be on her premisis there....namely your bother who is not on the lease. The apartment manager has a duty to protect her tenants and when a person lives there without being on the lease she did not have the chance to do a background check and ensure it was safe for the person to be there...possibly opening her up to liability.
It's a federal crime.
I don't think it's legal.
The mail man's job is to deliver mail, when it's in his possession it's his duty to protect it. So if someone grabs a letter the mail man is holding it would be stealing. And the moment the mail man puts the mail into the mail box it's in your possession, so nobody else is allowed to look at it's contents.
Furthermore, the mail man basically isn't allowed to talk about his business since it's secret.
But on the other hand, you can't really prove anything, so you can't do much about it when the mail man just tells what kind of name is on the mail to your address.
So the best solution would probably be to either add your brother as official roommate or have his mail delivered somewhere else.
If the mail man is discussing your mail, or anyone else's in the building, with the Building Manager, he can be fired.
If she has been using her keys to access your box (i.e.: "Snooping"), she is guilty of of a Federal Offence, and can be put away for hard time.
There is an alternate possibility...a piece of your brother's mail may have found it's way into someone else's box, or even the Manager's (if she lives in the building).
Check your lease and speak with a lawyer. She may just be being a bossy annoyance. However, receiving someone else's mail can be "risky" from a legal stand point. You could be investigated for Identity Theft, even though you are perfectly innocent. Besides, I have never heard of a jurisdiction where your land lord can tell you distressed family members can't live with you. As for the mail, talk to your brother to have him rent a PO box in a nearby drugstore or post office.
You will probably want to ask the lady how she knew that his mail was coming to your address. If she is stupid enough to admit to checking your box, you can file a complaint with the owner/Management Company she "works for" and tell her that she could face serious criminal charges for it.
Answer:
That's shady, but not illegal, until she actually starts opening his mail and reading it.
only if the mail wasn't opened i think
Have your brother get on the lease, or get a P.O.Box. The manager is doing his job. The envelope is not personal (if it were the postman couldn't look at the address to deliver it), just the contents.
no thats illegal for either way!! however your brother also isnt supposed to be there so you are both in the wrong..
It depends...she din't guilty of anything until she tampers with your mail. Mearly looking in your mailbox is not enough to be criminal....and she has a legitimate reason if she knows there is someone who should not be on her premisis there....namely your bother who is not on the lease. The apartment manager has a duty to protect her tenants and when a person lives there without being on the lease she did not have the chance to do a background check and ensure it was safe for the person to be there...possibly opening her up to liability.
It's a federal crime.
I don't think it's legal.
The mail man's job is to deliver mail, when it's in his possession it's his duty to protect it. So if someone grabs a letter the mail man is holding it would be stealing. And the moment the mail man puts the mail into the mail box it's in your possession, so nobody else is allowed to look at it's contents.
Furthermore, the mail man basically isn't allowed to talk about his business since it's secret.
But on the other hand, you can't really prove anything, so you can't do much about it when the mail man just tells what kind of name is on the mail to your address.
So the best solution would probably be to either add your brother as official roommate or have his mail delivered somewhere else.
If the mail man is discussing your mail, or anyone else's in the building, with the Building Manager, he can be fired.
If she has been using her keys to access your box (i.e.: "Snooping"), she is guilty of of a Federal Offence, and can be put away for hard time.
There is an alternate possibility...a piece of your brother's mail may have found it's way into someone else's box, or even the Manager's (if she lives in the building).
Check your lease and speak with a lawyer. She may just be being a bossy annoyance. However, receiving someone else's mail can be "risky" from a legal stand point. You could be investigated for Identity Theft, even though you are perfectly innocent. Besides, I have never heard of a jurisdiction where your land lord can tell you distressed family members can't live with you. As for the mail, talk to your brother to have him rent a PO box in a nearby drugstore or post office.
You will probably want to ask the lady how she knew that his mail was coming to your address. If she is stupid enough to admit to checking your box, you can file a complaint with the owner/Management Company she "works for" and tell her that she could face serious criminal charges for it.
Is it legal to say something in your own home if you whisper? if it makes one feel uncomfortable?
Answer:
You can say anything you want in your own home. As long as your not yelling out the window vulgarities at people. Peace.
Well I am pretty sure its legal but I guess it depends on your house rules
If I'm in my own house, then I'll say whatever the hell I feel like. lol
Are you thinking like a Big Brother mentality? That the gov't is always listening in and taking notes?
I think our gov't is too lazy to do that for the general public. lol We don't pay them enough.
But if I'm getting this wrong, please tell me what you really mean then.
The Congress is considering a law that only allows you to smoke, drive an SUV, eat red meat or insult others while in your bathroom with the lights out and doors closed.
No, people's feelings are more important than your First Amendment Right to free speech. You can speak freely if you do not use racial slurs, profanity, gender bias statements, speak out against same gender relationships, have your own thoughts or opinions, or it in any way is progressive, true, or of benefit to all people. So exercise your first amendment rights but when whispering be careful as it is the first sign of something good and that will be frowned upon and could lead to you being the next headline story if there is enough money in it.
No law can limit what you say in your own home. Freedom of speech is granted to everyone. But if you say something that makes another person uncomfortable, then out of politness refrain from saying it. Just until that person leaves. Then say what you will. Go by this old saying : Treat others the way you would like to be treated. If someone you know refrains from saying something that would make you uncomfortable then return the favor.
It is legal to say whatever you want, anywhere you want.
It depends. There are factors that would qualify your utterance and place it in perspective. For example, are you alone? Do you intend to harm someone else, are you conspiring to commit a crime? Mens rea? , actus reas? (I forgot the spellings and I am drunk) . Did you utter something that is against the law - e.g. I would like to kill all the n....rs, k..kes, pa........ etc and someone heard you? I guess it depends on what your intensions are!!!
Is it legal to use the bathroom in your own home. Same thing.
If it makes someone uncomfortable why would you want to say it. I think if you have to ask, then your questioning your own judgement. So if you ask me, don't say it, don't even whisper it, keep the thoughts to yourself and nobody is offended.
If you are harassing them or abusing them then no it is not legal.
Is it legal to record a phone conversation in Ohio?
I heard a long time ago that it is OK in Ohio to record a phone call as long as one of the parties on the call is doing the recording. Is this true??
Answer:
If some one calls you, and your answering machine picks up, then during the recordings of your machine you pick up and talk then YES you can record because they knew.
the only other way you can legally record any convercation on the phone or in person is if the other person is life threating and denies it in court then you can play the threating messages, or if both of you know you are being recorded.
any other time you can not record with out permission.
i dont know it it will hold up in court but they do sell the devices to record on both house phones and cell phones.. they dont cost really that much around 30dolllars for the recorder and then you need a tape recorder to go with them.. i got one for my cell i never use though i got it for someone else to use. and he chicken out on using it for the perpose it was intended for.. i will later on get one for the house phone.. kinda interestind when people talk on those things and dont know you are recording them... i once had one yrs ago and caught a niece running around on her bf
Answer:
If some one calls you, and your answering machine picks up, then during the recordings of your machine you pick up and talk then YES you can record because they knew.
the only other way you can legally record any convercation on the phone or in person is if the other person is life threating and denies it in court then you can play the threating messages, or if both of you know you are being recorded.
any other time you can not record with out permission.
i dont know it it will hold up in court but they do sell the devices to record on both house phones and cell phones.. they dont cost really that much around 30dolllars for the recorder and then you need a tape recorder to go with them.. i got one for my cell i never use though i got it for someone else to use. and he chicken out on using it for the perpose it was intended for.. i will later on get one for the house phone.. kinda interestind when people talk on those things and dont know you are recording them... i once had one yrs ago and caught a niece running around on her bf
Is it legal to record a conversation without getting permission if you use speech-to-text electronics?
In the state of California, it's illegal to record a conversation with someone without getting their permission first; however, it's legal to take notes during the conversation without getting their permission first.
Is it legal to record a conversation without getting permission if you use speech-to-text electronics to take your notes for you?
Answer:
Penal Code section 632 prohibits "recording" a confidential communication with a "recording device." It would seem to me that a "speech to text" device which keeps a record of the conversation would qualify. I believe that people using TTY technology for the hearing impaired are required to give notice of the use of such a device.
no, that would be invading privacy
This link will answer your question in detail: http://www.rcfp.org/taping/
Is it legal to record a conversation without getting permission if you use speech-to-text electronics to take your notes for you?
Answer:
Penal Code section 632 prohibits "recording" a confidential communication with a "recording device." It would seem to me that a "speech to text" device which keeps a record of the conversation would qualify. I believe that people using TTY technology for the hearing impaired are required to give notice of the use of such a device.
no, that would be invading privacy
This link will answer your question in detail: http://www.rcfp.org/taping/
Is it legal to question a teen without a guardian present?
My teen was recently question and chagred with a crime that he admits he was a part of...my question is, is it legal to question a minor without a legal guardian or legal representative there? Is what the teen said binding if there is no one present on their behalf?
Answer:
It's legal to do that. However, if they didn't tell him he had a right to an attorney, then it's not admissible in court. Even with an attorney, for a minor they need guardian's consent. I don't think anything he said is admissible in court.
I do not think that it is "illegal" but the information gleaned from the questioning could be considered coerced from the minor and not allowed in court.
I believe it is only legal if he was a witness. Contact a lawyer.
i dont think so. there is a very big chance if he admitted doing something wrong without his guardian or lawyer's presense, it might not stand up in court. you should get a lawyer.
yes.
I always thought the answer is a parent or guardian had to be present. You need to consult a lawyer right away.
They cannot question a minor without a guardian present if he/she is a suspect. However, they can legally question a minor as a witness, but they can plead The 5th amendment and refuse to cooperate. His confession is admissible in court; if they decide to use his statement to incriminate others it will be valid.
Yes, it's legal to ask anyone for information. Actually, as far as being allowed to use it against him, I guess I can't say for certain... perhaps it varies by state. Not sure.
It's ilegal to question a minor without the presence and consent of thier legal guardian or representative....I encourage you to get a lawyer and explain to him the situation, and see where he can take it from there......he can probably get the case tossed.
depends was he caught at the scene if so then yes it is legal, and if not at the scene but still have probable cause then still yes, your teen on the other hand should know his amendments and should not have said anything except his name to the cop without a lawyer present. The only way it is illegal to question a teen is if there is no probable cause and or no witnesses linking him to the scene.
Answer:
It's legal to do that. However, if they didn't tell him he had a right to an attorney, then it's not admissible in court. Even with an attorney, for a minor they need guardian's consent. I don't think anything he said is admissible in court.
I do not think that it is "illegal" but the information gleaned from the questioning could be considered coerced from the minor and not allowed in court.
I believe it is only legal if he was a witness. Contact a lawyer.
i dont think so. there is a very big chance if he admitted doing something wrong without his guardian or lawyer's presense, it might not stand up in court. you should get a lawyer.
yes.
I always thought the answer is a parent or guardian had to be present. You need to consult a lawyer right away.
They cannot question a minor without a guardian present if he/she is a suspect. However, they can legally question a minor as a witness, but they can plead The 5th amendment and refuse to cooperate. His confession is admissible in court; if they decide to use his statement to incriminate others it will be valid.
Yes, it's legal to ask anyone for information. Actually, as far as being allowed to use it against him, I guess I can't say for certain... perhaps it varies by state. Not sure.
It's ilegal to question a minor without the presence and consent of thier legal guardian or representative....I encourage you to get a lawyer and explain to him the situation, and see where he can take it from there......he can probably get the case tossed.
depends was he caught at the scene if so then yes it is legal, and if not at the scene but still have probable cause then still yes, your teen on the other hand should know his amendments and should not have said anything except his name to the cop without a lawyer present. The only way it is illegal to question a teen is if there is no probable cause and or no witnesses linking him to the scene.
Is it legal to put a spy camera in my aunts room in a nursing home?
Answer:
I don't care about legal...DO IT to protect her.
no, its against the law, invasion of privacy
It is if you don't get caught!
If you get her permission, then its ok.
I don't see why not. I would say yes.
Are you back in the porn business again?
As long as it doesn't record sound and it isn't
put there to record pornographic material ...
well, you're on the hairy edge of the law.
Most of the case law surrounding wire tapping
and other similar forms of covert surveillance
are aimed at sound, not video.
If your aunt is aware of the camera, then
there's no problem. If you are the only one aware,
you might have a problem, but you'd be
making new case law.
Remember, if she is a tenant of the nursing home,
she has most of the rights that any other tenant
would have, and that includes having her own
security.
You couldn't publish any pictures you took,
of course, without the permissions of the people
in the shots.
You could, however, use it as evidence in a court
of law.
If your aunt was being abused, say, then this
is a perfectly fine way of collecting evidence.
You're opening a real can of worms here, Terry. Nursing homes have a duty of care to know if their residents are in trouble, and cameras are sometimes used, especially at night, or after some surgery or serious illness. Staff cannot be at a resident's side 24 hrs a day - there just aren't enough staff anywhere for that.
You don't say why you are asking. Is it something to do with privacy? If so, read the above again - it may help.
Do you have reasons to believe she is being abused? Have you voiced these concerns to the Admin of the nursing home?
Working for a doctor who has many nursing home patients I do know that we get calls all the time, required by law and by him, that EVERY skin tear or fall HAS to be reported and noted on the patients chart. Also, the reason has to be given of how it happened....such as moving from bed to wheelchair or falling etc.....then there are standing orders on how to take care of such....BUT they still have to report time of injury, care taken, location of injury, and any further orders needed by phone to the doctor.
With the nursing homes having over 100 residents that 90% of them with loss of mental capacity and mobility it is unreal to think one on one care can be given every minute. They have a set routine to wake up, change them, dress them, check vitals, etc. We encourage families to visit often.....do you?
My mother and mother-in-law both had super care in our nursing home but we live in a rural area and it is run by local nurses that we go to church with, visit with and know.
Hello there. I鈥檓 one of the writers for Gilbert Guide (the foremost resource for everything senior care) and I鈥檝e recently done some research on this topic. Nursing home surveillance has been a controversial topic for quite some time now. Over the past few years, over a dozen states passed legislations allowing residents or their loved ones to install monitoring cameras in their rooms so long as they inform the nursing home management. If they do not inform the management, it is considered covert surveillance鈥攚hich is illegal. Which state do you live in?
I commend you for considering this step. At least one-third of the country鈥檚 nursing homes have been sanctioned for deficiencies and abuse. I wrote a blog just recently about a nursing home that鈥檚 currently at the center of a scandal. In the last two weeks, Illinois state police exhumed a deceased woman (removed her body from the grave) to see if an overdose was the cause of death. It鈥檚 alarming to think a nursing home staffer may have been involved in an intentional overdose, but it just may be reality. I鈥檝e attached a link to the blog in case you鈥檙e interested in reading it.
http://www.gilbertguide.com/blog/2007/04...
If you have any other questions I may be able to answer for you, feel free to email me at info@GilbertGuide.com.
Lori
www.GilbertGuide.com
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