baconrasher
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Yes - thanks for pointing me to them. I will see if they can help. Bacon
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We already have a residents management company. It is just that insurance is done through the landlord for some reason that I can't fathom. I have been told that there is nothing we can do about this - but I want to check.
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I have read 19.3 - some of the claimed rent arrears are for the joint tenant. I was going to ask that he be joined as a defendant. However, I don't think that 19.3 covers a claimant who has no locus standi (ie a new claim is required; you can't just substitute the landlord for the agent). He is a salesman - he gets a basic wage plus commission based earnings on top. He tends to get lumps of commission every 3 months or so.
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IANAL either - but I am aware of CPR. Lack of an LBA means no opportunity to agree a settlement without recourse to court proceedings. I agree with your analysis of the payment plan - it does seem a bit lopsided. However, my son gets lump sums of commission hence the £2k payment. If the opportunity arises to agree a 'proper' repayment plan then it is more likely to be based on the original rental (£425pm for my son's share). You are correct - anyone can lodge a claim. However, if you are claiming for money due from a contract (letting agreement) then you have to be a party to the contract. If my son responds that there is no contract with the agent, and that the claim should be struck out, the only way this can continue is for the agent to show that he has some sort of agreement from the landlord that he can pursue legal claims on his behalf. I have never used a letting agent, so I don't know if this is likely - the landlord lives abroad so it is possible. What I don't know is the right form of words to use when acknowledging service of the claim. /b
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Any thoughts as to how to approach replying to the claim. Simply deny any liability for the amount on the basis that the rental agreement is with the landlord and not the agent? (Reading these forums it seems to be quite common that agents disclaim any liability on the basis that they are not the landlord, so this is simply using the same argument). I have a sneaking suspicion that the agent may have been so incompetent that they did not notice the arrears, and have continued to pass on the rent to the landlord. In which case I doubt the landlord will sue! However, my objective is to get a proper repayment agreement in place and make sure my son sticks to it - and that means stopping this court action. Bacon
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This is very much of a general question - does anybody have any knowledge in this area? My wife owns a leasehold flat, part of a block completed about 6 years ago. There is a management company run by the residents, with responsibility for all of the maintenance, etc. that would normally be the landlords responsibility. The landlord collects ground rent, and also charges annually for a (very expensive) building insurance policy. Does the management company have the right to negotiate its own buildings insurance cover in place of that provided by the landlord? On the face of it, they should have this right but I have been advised that there was some change in the law recently that allowed the landlord to impose his own insurance policy on the management company and leaseholders. Can anyone offer any help? Bacon
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Some further info.... An LBA was not received - the court claim came out of the blue, as my son assumed that, provided he kept up the payment plan, all would be well. Please note. I do not condone my sons actions and I have stressed to him that he must pay the arrears. However, I do not think the letting agent comes out of this well. Why did he wait for months before chasing for the rent arrears? Why has he reneged on the payment plan? It looks to me as if he is using the court claim as a debt collection mechanism - leaving aside the whys and wherefores, this is not what the courts are for. bacon
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Here are details of the claim: The claimant is the letting agent. The claim is: "Outstanding rent totalling 5525.00 for an Assured Shorthold Tenancy Agreement at XXXXX. 10 x late payment charges totalling 350. The Tenant has acknowledged the debt and offered a payment plan that he has not followed up. He has made one payment of 200.00" The claim is signed by the letting agent as claimant. The claim is date 20 April. The payment plan was for £200 pm with a lump sum payment of £2000 in the future. The repayment plan commenced on 28/3/15 with a £200 payment, a second payment will be made tomorrow.
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My son has been taking me for granted for the past 24 years! He has not defaulted on the payment plan. Unless the law of agency does not apply to landlord & tenant, then an agent cannot sue on a debt owed to its principal (in its own name). /b
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Will do - I won't have the claim until tomorrow. All I have is my son reading it over the phone. Thanks Bacon
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Hi Caggers My son has got himself into another mess.... He had a joint tenancy (AST 6 month contract). He was unemployed for a while, we gave him money for his rent which he decided not to use for that purpose. The net result was that he ended up at the end of the tenancy with about 4 months of rent arrears; his flatmate also did not pay for at least the final month. The letting agent has now issued a court claim for the rent arrears and a load of other charges (and is of course withholding the deposit - which we paid). Some problems I have spotted: 1. Can the letting agent sue for the rent arrears - surely only the landlord can do this? 2. No LBA was received prior to the papers from MCOL. 3. The figure in the claim has no breakdown, but appears to include the rent arrears from the joint tenant. 4. My son agreed a payment plan with the agent, and made the first payment on this plan. The claim form states that no plan was put into place (we have an email trail showing it did). The claim was only received today, so we have a few days to respond. Any advice on a suitable response (note my son owes some money - but not the total stated on the claim; he is in a position to pay off the arrears in installments). Many thanks Bacon
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Natwest refuse to reverse unauthorised debit card transaction
baconrasher replied to baconrasher's topic in NatWest Bank
Well I had a fun conversation with the customer complaints team. I could not get the guy to accept that this was an unauthorised transaction! I have asked them to send me a full written explanation of why they did not comply with Payment Service Regulations 2009 S.61. I will see what they have to say. In the meantime...I spoke with the payday loan company and explained that they have probably acted in a criminal way (Theft Act 1968 S.1 and Fraud Act 2006 S.2). I explained that I would be going to the police station to make a complaint. They immediately saw the error of their ways and have handed back the cash. I will now concentrate on pursuing my complaint against Natwest. I remember seeing in another post the idea of sending a letter, telling the bank to not process any further transactions from a company. Is this a worthwhile thing to do? Is there a template for a letter anywhere? Cheers Bacon -
Hi Long story short: In November my last year Mrs Rasher agreed to bail my son out of a payday loan. She actioned this by paying the outstanding balance on the account using her joint account Visa Debit card. Yesterday we noticed an odd transaction on our bank statement. It was £200 paid to this payday loan company in mid February. This was not authorised by either of us. Natwest were advised this morning that this was an unauthorised transaction. They have said they will take no action - basically saying that we have an agreement with the payday loan company - needless to say we do not! I am a tad annoyed about this. What should I do next? What are my rights? Thanks BaconRasher
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I think that we are going to sit back and see what happens. I rather think that the total number of PCNs (all ignored) is rapidly topping out at over £1K. Looks like he is going to have to learn the hard way
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Unfortunately, like a lot of kids of his generation, he thinks the rules don't apply to him. I had hoped that at 22 he would have grown out of it, but there is no sign of that happening yet. On the positive side, I explained the information provided by this forum to Mrs Rasher. She spoke with the offending offspring today and did a certain amount of horoscope reading. I doubt it will do any good for his attitude, but it made the missus feel happier:wink:
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