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auto98

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Howdy all, Tomorrow I will be sending a small claim against a company called "wedotrades.co.uk". They have failed to fulfil a contract, with us, and for the last few months have been telling me that they would be refunding the money, but on friday last they phoned and told me that they had fulfilled the contract (which consists of them providing telephone calls and e-mails from people who are interested in our product). Now, they refuse to send either the calls (they have copies of all of them) or the e-mails to prove that they have done so (we certainly haven't received them) without us paying for them, which to me is an absurdity. So, my questions are: When this comes to court, who has to prove their case - do they have to prove that they fulfilled the contract, or do we have to prove that they didn't. In regards to the calls and e-mails, if we request them as potential evidence, can we be charged for them? Please note, it isn't peoples details we buy off them, it is people who have expressed an interest in us, via their website.
  3. About a year ago he increased my rent but with no new contract - is that allowed?
  4. My new place was a bit dodgy as regards the future, so needed to keep the first on for a month or two to make sure it was settled. Had a £120 deposit, not got it back LOL So, once the original tenancy agreement ended (it was for a year), I was on a rolling contract? If so, what terms was it under - the same as the original contract? Another development btw - he has cleared the flat out now, and (damn, as i write this i am thinking "why didn't i take a picture"!) hired a skip. The skip had a tiny bit of rubbish in it, and about 10 TV's from his shop. If he does take me to court I bet he will claim he filled the skip with rubbish from the flat, rather than the old TV's he actually used it for. He has also finally got around to changing the windows, which were not imo fit for purpose (the grill type, with no insulation, so they blowed a gale), and i noticed that he still hasn't fixed the door, now nearly 8 weeks after he said "If I had known about it then I would have had it fixed".
  5. New development - He is trying to get my new address to "take me to court" - I doubt that is the real reason tbh, but anyway. I notice above that Sali says "This guy will have to be as clean as a whistle - tax returns and all - if he proposes to take legal action." - What would the effect be if say I happened to know that he didn't pay his tax? I mean, it wouldn't actually have anything to do with the case would it?
  6. Well, no action yet from the landlord (other than to stop me as I walked past his shop and say "I see your legs haven't been broken yet" which I obviously reported to the police, along with another couple of attempted intimidations) I am also taking photos of the door every week or so - he did claim for a while that I had not told him about the door, but I now have the witness who heard the discussion - he told me "if i had known about the door I would have fixed it", well it is now getting on for 3 months since he knew according to his story , and it is still not fixed.
  7. Well, i can remember him laughing about it in front of someone he knew (in his shop), but unfortunately I don't know who it was, so....
  8. Oh I'm only asking on the basis that he knew I was leaving at some point and that I'd emptied the flat of all my stuff - was just thinking that since the door was his responsibility, and he knew the lock was broken, whether this puts any of the responsibility onto him. On the 2nd point, he was told loads of times about it, kept saying he was getting to it, and i stupidly kept letting him get away with it (I didn't actually spend much time in the flat even when i was living there) 3rd, I mean generally responsible for the flat, rather than the mess - i mean that either he was entering illegally, or was saying "I am allowed to enter without authority, because I am responsible for the flat"
  9. Does it make any difference that he knew I wasn't there as I had told him, and the flat is above the shop he works in every day? And do I have any counter claim on the stuff he failed to do as landlord And, can I make anything of the fact that he entered the property without my permission, which implies he recognised I was not responsible, else he was acting illegally? If not, guess I'll have to pay for it from the money thios site has got me back on bank charges lol
  10. Hi peeps, hoping someone has some good news for me On 19/03/02 I signed a "Tenancy Agreement for letting a furnished dwellinghouse on an assured shorthold tenancy under Part 1 of the Housing Act 1988" - I only know this because I don't remember signing it, and 9 years afterwards I have finally gotten a copy after sending the landlord a letter. I moved out around 6 months ago, but for a month or two kept paying rent (new GF house, we kept arguing, long story). During the time the flat was either squatted in, or was used as a dumping ground by someone, as I can't believe that anyone was living in it the state it got into, as there was rubbish waist high in all the rooms. The proof of the date that they were there is probably unassailable, because there were pizza boxes with the date printed on them. Since I know little about tenancy law, this is the letter I have written, but after someone else read it they said I should come here for help rather than sending it as written. There are no witness signatures, and neither is the "Notice of Landlords Address" section completed. As far as I am aware the toilet fixing incident is the only time he has been in the flat during my tenancy. So, Is the tenancy agreement valid, as the flat was unfurnished and it states it is for a furnished dwellinghouse (and a flat, not a dwellinghouse, or is that the same?). What exactly denotes "furnished" rather than "unfurnished"? There was an oven (which incidentally was never checked by the landlord during my entire tenancy, a little under 9 years) and some cupboards. Can I now do anything about the mould etc - it was half of one bedroom wall and a third of another, and was caused by the roof being in poor repair - as I say in the letter he had the roof repaired shortly after, but did nothing about the mould? Am I entirely or in part responsible for the mess made by whoever it was? If so, do I have any counter claims for any of these issues above? Edit: Forgot to mention that there wa a neighbour (same landlord) who withheld rent for a long time because the landlord was told about a repair that needed doing, but wasn't done until that tenant moved out, at least a year later. edit 2: There is also no inventory, which there should be according to the tenancy agreement. edit 3: It now turns out he has been discussing my tenancy with work colleagues, as well as showing my boss my tenancy agreement!
  11. Been given permission by the author to copy this from a forum he and I both belong to - thought it may be of interest to some people:
  12. Just had something back from the ombudsman: Interesting that he uses the word blackmail?
  13. Well to be fair they were very clear about MAY be a criminal offence - they might have just been agreeing with me to get me off the line lol
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