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thefenz

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  1. I had a tenant who moved in to my flat in Autumn 2006. I sent her a renewal agreement in September but only sent me the agreement back in December 2007 even though technically her renewal agreement started in November 2007. I secured her deposit in mid January 2008 as I was abroad most of December and part of January 2009. She left my flat in Autumn 2008 and has caused considerable damage. I have withheld her desposit and transferred it to the Tenancy Deposit Scheme. She is disputing the damage (which exceeds £4000) and has instructed a Solicitor. He has now amended his claim (which was for the initial deposit) for a claim 3 times the sum of the desposit arguing that I did not secure it in time. I intend counter sueing the tenant for the damage in the flat but need help with a defence for her claim. When I secured it late because I was away she was ok with this. I did also advise the tenant when she was about to leave that there was damage which she was liable for. She has ignored all requests to enter in to dialogue to resolve the issue of damage . Need some help please
  2. Have you thought of calling up the Adjudicator and having a chat with her. This may help you put your concerns to her. I did so in my case. Making a complaint about the Adjudicator I doubt will achieve much and may take another 6 months before you receive a reply. Trust me, the FOS procedure is very slow and tiresome. I strongly suggest you call her. You have nothing to lose by doing so!
  3. I have taken 2 matters to the FOS for a buildings insurance claim. Whilst clearly the FOS rulings have been in my favour, the Insurers are playing every possible game not to abide. The FOS are pretty powerless to enforce their own adjudication unless I wait about 9 months for a final decision. In a nutshell, the FOS service sounds fantastic but in reality, it is pretty useless. I suggest you might be better to issue proceedings against your Insurers. However, Courts tend to abide by FOS rulings so having gone through the FOS process, you might now find yourself in tough position in Court. Take it from someone who is now litigating against an Insurer. Fortunately, the FOS rulings have been in our favour. Good luck
  4. Small Claims Court have advised that I need to respond to the Part 18 request as below:- The Freeholder has now responded via Solicitors with the following under a Part 18 request. Request Please provide full particulars of alleged monies owed in relation to the above "The insurance claim in respect of an escape of water which the Claimant suffered in his flat from a leaking boiler". Request (a) Please provide date when the boiler leaked (b) Please provide full particulars of the alleged damage © Please confirm that the maintenance and responsibility of the boiler ios that of the Claimant (d) Please provide copy of the Claimants Contents Insurance cover in relation to losses and damage by inter alia escape of water from boiler (e) Please peovide full particulars as to when it is alleged that the Claiamnt received a sum of £4500 in respect of the insurance claim. (f) Please provide all documents appertaining to acceptance of liability by the insurance company in respect of the claim. I have no paperwork relating the the claim with insurers as everything has been sent to the freeholder and he is not releasing any documents. I have served a SAR on the LOss Adjusters. The solicitors are trying to intimidate me by this Part 18 request but I do not know how I should respond to this. Any help please. Thanks thefenz
  5. I think they have to write to you first like a kind of reminder. They cannot just instigate proceedings willy nilly.
  6. It is the tenants responsibility so long as it states it in the rental agreement. If your friend goes to court and show the tenancy agreement, more than likely he will not even go in to the court room. The council or court may ask for proof of rent payment. I say this on good authority as I have been in the same boat before with tenants not paying and council tax pursuing me for their bills.
  7. I bought a property in October 2006 to rent out and notified the council in writing that I needed an examption whilst the propety was being refurbsihed. I got a phone call in November 2006 to advise that a inspector wanted to visit the property to make an inspection. This finally took place whilst I was on holiday abroad with my builder and I heard nothing further. the flat works were completed in January 2007 and I immediately notified the council that the works had been completed and the property had been let out (and gave details of the nw tenants). I also understand that the estate agents wrote to the utility and council tax offices advising of the letting. About 6 months later I found out that the council had issued proceedings against me for not paying council tax and that it was no too late to apply retrospective allowances. They argue that they never made an inspection in my flat and that they have no record of any inspection in my flat or receipt of any of my or the estate agents letters. I did receive an email from council tax recently from an emplyee who ried to deal with this and wrote that if I can provide proof that works had been carried out they would apply the credit but they are now reneging on this. Further, the council have taken proceedings out against me in the Magistrates court but never wrote to advise of the hearing. They now advise that I need to write toi the valuation office but if I do so they will seek costs from me if they win. Can anyone help me on this? I just seem to speak to idiot after idiot at the council tax office (some of who agree with me but claim their hands are now tied).
  8. I was parked in a loading bay when I went to collect some clothing which was being altered at a reapir shop I use for my work. I was parked for about 5 minutes (allowed 20 minutes in loading bay). I wrote in to complain about the ticket and sent them (Transport for London) deatails of my work to whcih they responsed that they could not cancel my ticket as there was no activity for 3 minutes during the time I was parked. Unless I could provide more proof the ticket would still stand. Apart from asking the repairers to confirm that I was collecting business goods and that I had to initially wait to collect my goods, i cannot see what else I can do. Any suggestions? Cheers Thefenz
  9. I have suffered an insured peril in my flat and the buildings insurers have made a visit and agreed a claim. The problem is that the freeholder to the building has not metioned any of the leaseholders interests on the buildings policy and the insurers advise that they cannot deal with me any longer until he does authorise them to do so. The insurers have accidentally paid about £4500 (despuite my asking them not to)to the freeholder who is refusing to release the monies (total claim about £7k). Despite repeatedly writing to the freeholder I am getting no joy. The insurers advise they cannot do anything as the policy is held in the freeholders name even though he does not own any of the flats. He should endorse all the freeholders names on the insuarnce policy I issued proceedings against the freeholder and mentioned the following on the POC "Monies owed in respect of an insured peril at ...". The Freeholder has now responded via Solicitors with the following under a Part 18 request. Request Please provide full particulars of alleged monies owed in relation to the above "The insurance claim in respect of an escape of water which the Claimant suffered in his flat from a leaking boiler". Request (a) Please provide date when the boiler leaked (b) Please provide full particulars of the alleged damage © Please confirm that the maintenance and responsibility of the boiler ios that of the Claimant (d) Please provide copy of the Claimants Contents Insurance cover in relation to losses and damage by inter alia escape of water from boiler (e) Please peovide full particulars as to when it is alleged that the Claiamnt received a sum of £4500 in respect of the insurance claim. (f) Please provide all documents appertaining to acceptance of liability by the insurance company in respect of the claim. I have no paperwork relating the the claim with insurers as everything has been sent to the freeholder and he is not releasing any documents. The solicitors are trying to intimidate me by this Part 18 request but I do not know how I should respond to this. Any help please Thanks The Fenz
  10. I was more than adequately insured but the Loss Adjuster under reserved the claim. When it came to increasing his figures, he decided to try and manipulate. Internal papers from HSBC show that they were aware that he had lost control of this claim but they are all clamming up rather than addressing the complaint in hand. Referred this to the FOS who have adjudicated in our favour but HSBC are now not complying. Wonder if this is more personal because I have categotically accused them of being decietful or possible racism?
  11. We have a landlord who is selling the freehold to our block. I have offered to buy but he is proceeding with other buyer and I cannot muster enough interest in the building. We all have very short leases (we are leaseholders not tenants on AST's) and I know that we will all be screwed in time to come when we all extend but I cannot seem to make the others understand. The Freeholder has also not maintained the building and everytime we have written to him to report damage, undertake repairs etc., he ignores our letters. We have subsidence in the building and he has taken down trees but not roots and there is no paperwork with the insurance company available to us. Can we do anything to stop him selling elsewhere or screw up the sale or can I somehow get him to sell to me or us (all leaseholders). Any professional help would be greatly appreciated. thanks
  12. Has anyone had a claim with HSBC. I have one serious claim with them that has gone pear shaped because of the Loss Adjusters. Want to hear if anyone else has had problems. I have been to the FOS and now have to go to court as HSBC are playing games and not complying with the FOS adjudication which is in my favour.
  13. I'm going through a lot worse with HSBC and my dispute is now going to Court as HSBC are not complying with the FOS adjudication. However, as you have suffered a fire claim, you should be entitled to rent a property similar to yours whilst your place is being refurbised. The cost of rent etc. will be covered under the buildings policy. Check this out and claim for what is rightfully yours.
  14. I was given a ticket whilst I was stationary at a car park place but as I saw the parking warden, I drove off. They have sent me a ticket and pitures but it just shows the front and rear of the car and me driving off. No ticket was placed on the car. Can I dispute this? I'm sure there is a legal requirement that a ticket must be placed on the vehicle to be enforceable. Any help would be appreciated
  15. BA have just been fined by the OFT for colluding on the fuel surcharge (and no dount overcharging). Does this mean we should all being seeing if we booked with BA during 2004 and 2006 and claim back the fuel surcharge? Any advice?
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