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danoli

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  1. Sorry for the delay in replying, Yes, the deposit was protected in a TDS scheme The tenant had full details of the TDS scheme The tenant did not raise a dispute with the TDS scheme. In addition, the deposit in the scheme is only protected for 3 months after the property was vacated. The tenant has not made any contact for almost 10 months after vacating the property querying the withheld deposit although two formal letters had been sent to them at their address (at the rented property) explaining the reason for the withheld deposit. They had not redirected their post and refused to leave a forwarding address and at this time, had abandoned the property. Any further advice appreciated.
  2. The claim was recieved via mcol. My friend was out of the country when it was served and arrived home on the evening of the day the response deadline was due. Mcol assisted in getting a respone deadline extension by requesting an acknowledgment of service. This was accepted and a defence is now required by 7th feb. As stated in the last post, no letter before action was sent, no communicafion at all. This is totally out of the blue.
  3. The defence is required by 7th feb 2015. There was more in the particulars, not much more but i will add this later today. Just googling and noticed the claimant should have sent a letter before action. They have not done this so the claim is very vague and we have no logical idea why this claim was made?
  4. I am helping a friend who has received a claim. They have to fill in an N9D form based on the allegations in the particulars of the claim, now the N9D says to supply your defence. The problem we face is, the allegation is vague and does not offer ANY evidence other than to say that the claimant 'has' evidence. It is difficult to write a defence against an allegation that does not present evidence, and therefore is just an allegation? The claim is from a previous tenant claiming the landlord withheld a deposit for rent arrears (some £3,000) when it was actually withheld for damage to the property (over £2,000 of damage) Literally it say, "xyz owes me £700 for illegally withholding a deposit for rent arrears which it cannot be used for" The defence is really, "The £700 was withheld to cover the £2,000 worth of damage cause (full evidence available)" and has nothing to do with the rent arrears for which a count court has already made judgement against you, in our favour" SO, my question is, do they just write a defence to the allegation on the basis of not evidence being provided as the claimant claims to have full supporting evidence that the money was withheld for rent arrears? After reading some other threads, I belive the defence should start something like: I, xxxx xxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxx xxxxx. Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim. But unsure of what detail to go into about an allegation without evidence? Any advice is much appreciated. Thanks
  5. Post count is irrelevant, credibility is noting to do with how often you post here. chr_nic is correct, whether you like his/her way of putting it, the fact is, they are correct. The website link states upgrades CAN be cancelled. I have also exercised my right to cancel an upgrade fairly recently. Powlo1, you need to brush up on the T's & C's lol, which store did you manage? Buzby, fantastic post count, but sadly, this does not indicate any 'greater knowledge'.
  6. I placed an order for a printer on the 25/1/09. The items was a clearance item in that it was classed as an open box, although still new. The order ws accepted and confirmed, the payment was taken and shipping was scheduled for 26/1/09. Over a week went by and nothing arrived, I checked my online account and it said it was still awaiting shipping. I called customer services, they applogised and said it was still in the warehouse awaiting dispatch, they tried callling the warehouse but it was engaged. They said they would call me back before 5pm that day, no call was received. The next day I called back, I got the same response almost exactly with a promise of a call back, no call again. The next morning 5/1/09, I got an email, Dear xxxx Unfortunately your order number 1xxxxxxx placed on the 25/01/2009 cannot be fulfilled due to a system error I have cancelled this order and will arrange a full refund back to your card. I do apologise for any inconvenience that this has caused. I called and told them the order was accepted and paid for. They claim that their terms and conditions say the contract is only formed on despatch and that the item was no longer available. They also said that the terms and conditions for clearance items allowed them the cancel the order even after payment (or words to that effect) I have printed their terms and conditions, but was tolds that point 5: 5. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order. Although the customer service person told me on the 4/1/09 that the item was in stock but delayed in the warehouse, I am now told it was never available and that point 5 above covers them as the 'incorrect information' means quantity or availability. The printer is NOT end of line and is still available althoug hPCW have no stock at present. Can they do this or do I own the printer that I have paid for even if I haven't received it yet and therefore can demand a replacement?
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