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Musella

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  1. Hello, I rented a studio over 4 years ago through a London Agent; standard AST. The Agent secured my deposit (over £1000) with TDS. After one year my LL decided she did not need the agent anymore and offered to rent the flat directly to me. This, according to her, saved her some money to proceed with the needed repairs. I have been renewing contract (no changes in there) for the consecutive 3 years since then. Due to her numerous failures to carry out repairs (leaks, mold, poor insulation, lack of heating - literally she removed electric heaters from the walls to make the flat look bigger, fuse box issues - lights tripping out the box on a daily basis, boiler issues, shower power issues plus criminals next door, with their drug-related behaviour 24/7), I had enough and decided to move out, ending the contract in 2017. I gave her 2 months notice, but according to the contract I did not have to. She was extremely unhappy with my decision. On the same day she gave my private phone number to an Estate Agent; without permission&behind my back. They informed me that my LL decided to sell the flat and they would need immediate access to take pictures and show the property to potential buyers. I was speechless. I looked at my contract only to find out that she was in breach. The contract states that if the LL intends to sell the property, the tenant must be informed in writing 2 months prior the notice of intention to sell. Anyway, for the 2 months I have been harassed by my LL and Estate Agent so much, I had to take sick leaves as I was not able to perform my duties at work (she had known that I work nights only). On the day of my move she broke into the property (the police were called by my neighbours) and changed the locks. It's been over one month now and she does not reply to my requests for the return of my tenancy deposit. To cut the story short, when the new AST was up in 2016, she delayed it until the next month. She claimed that because of her delays in paperwork my deposit was protected for the time being as periodic, but she would protect it in full once the contract was signed. In 2016 I did not receive any reminder from TDS that the fixed term was ending and that action was required so that protection of the deposit continues ( this is what they say when asked about clarifying whether a LL complies with their rules). In the middle of my 2016-2017 tenancy I checked TDS (I had no reference number, nothing regarding the full AST deposit protection scheme from her). The only way I could check my deposit was by inputting the start date of the tenancy and full name on their website. The TDS could not find my deposit. I asked my LL about it and she said, blushing and stammering, that the deposit was in her account. I was at my wit's end so I tried to find my deposit with a reference number on periodic one. It turned out it's been periodic. My contract for the year 2016-2017 was not periodic. The previous deposit protection was fully registered and says: Tenancy start xx/xx 2015. Expected to end on or after xx/xx/2016. Can anyone advise how I pursue TDS and my LL about this? All advice/experience with LLs and TDS much appreciated. Thank you
  2. Hello. I am new to this site, and after some advice re 3, red and Lowell. Back in 2009 out of the blue I received a call from Red DCA regarding O2 outstanding balance. I was told that the final amount I owed was only £10. I paid the debt by debit card. I did not hear from them until October 2010. October 2010. First letter arrives We are Red DCS and Lowell Portfolio I has asked us to collect the money you own them on their behalf. You must now pay us £300 in full or set up a payment plan” Original Creditor: 3 Original Balance: £310 Balance Outstanding : £300:???: I believe that I was totally misled and tricked by Red/Lowell in 2009. As you can see, the original balance differs from the outstanding one. I presume the £10 debt collected by Lowell in 2009 did not go towards the final O2 bill at all. It served as a trap in order to restart my soon-to-be Statute Barred Debt with 3. (A few years ago I had an account with 3. I used to pay them with cheques. Last time I issued a cheque for them on 18 March 2005. The cheque bounced due to my financial difficulties and the account was terminated). November 2010. Threats Contact us within 7 days or risk legal action. Unless we hear from you about repayment within 7 days of the date of this letter, we will obtain a copy of your credit file and review it so that we can gain a better understanding of your finances (is this legal?). Your credit file will help us understand: ▪ What assets you have ▪ Other financial commitments, such as credit cards and other borrowing ▪ Your ability to repay My response (within required time) I sent them “Prove it letter” and a request they proved that I was indeed the party contractually obligated to pay off the debt by attaching the following documents: ▪ Agreement with their client that authorises them to collect on this alleged debt ▪ Agreement/contract that bears name and signature of the alleged debtor where he promises to pay the original creditor ▪ Complete payment history on this account, such as billing statements to prove that the amount they wish to collect is accurate I asked them to provide me with the above documents and the original statements of the account showing exactly how the amount claimed has been calculated within 12 days of receipt of this letter. November 2010. Lowell’s response: “We are now looking into your enquiry and will be in touch shortly with an answer. We can’t give you an exact date, as we may have to get information from other departments and outside companies. But we will get back to you as soon as we can” December 2010. Lowell’s extra response: “When you originally opened your account with 3, you were notified that as a condition of doing business, your account details and performance will be shared with credit reference agencies and that data shared by other lenders will be used in the assessment of your application and in the management of your account going forward. Lowell, as a debt purchaser, updates the credit reference agency and is therefore entitled to access the data. We note your request to be provided with a copy of the original agreement as evidence of this outstanding account. However, any agreement that you signed would have been provided by the retailer at the point of sale and not 3. Therefore, it would be in your own interest to make contact with the original retailer in order to obtain a copy of any agreement that you may have signed. However, we would point out at this stage that due to the age of this account the agreement if any may no longer be available. It is written into the agreement that you are required to adhere to the terms and conditions for the minimum term set out by 3. Within this period, if you breach the terms and conditions of the contract you can become liable to pay up to full cost of the remaining line rental and handset. Even though you may not signed a contract, you have agreed to be bound to the terms and conditions of the contract: 1.Confirming your consent to the sales person 2. By inserting the SIM card into the hand set 3.By using the handset to make and receive calls” At present, with information we have from 3, we believe this balance to be due. However, we are currently in the process of obtaining statements from 3 to support our claim. Please be advised that your account is on hold in the mean time.” March 16, 2011. New threats “ We write in respect of the above debt which, as previously notified in writing we have purchased from 3. We are now entitled to receive payment of the balance of £300 from you and enclose a copy of your statement as requested. Neither 3 nor ourselves are aware of any reason for non-payment. Please make payment of the outstanding debt or contact us within 7 days of the date of this letter, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice.” The only “document” they attached was a mobile phone final statement/bill (no “3” headings): Your Final Bill £310 Bill Date: 14 April 2005 Last bill 22/03/05 Unpaid cheque 25/03/05 There is a warning on SAFE (Struggle Against Financial Exploitation) that “anyone thinking of settling an account with Lowell who has other similar debts should remember that to pay only one of them makes it a ‘Preferential’ payment and could cause more problems.” Please, can anyone advise me what I should do next? I would really appreciate your help. M.
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