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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Please help! House in disrepair - Do I have the right to leave house before end of tenancy?


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Hello,

 

I am hoping someone can help me?

 

We are 9 months into our 12 month tenancy. The property is owned by a charity and managed by a letting agent. We have had nothing but problems since we moved in, some of which have affected my health and it is now clear that the landlords will not take all the steps necessary to resolve the problems.

The tenancy is due to end in October, I want to leave August 30th but they say we would have to give 2 months notice. Properties do not come up often where I live and I can’t afford to miss out.

My question is surely if the problems are bad enough they have broken the contract and we should be able to hand the keys back without recourse?

My local authority can insist that they carry out the repairs but in October the landlords could just end the tenancy, at which point there may not be another property available. And to be honest it has put that much strain on me and our relationship that we just don’t want to live there anymore.

I think they should be glad that we do this and not take legal action against them but they obviously don’t agree.

Any advice on how to get out of the contract quickly would be appreciated.

Thanks!

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May give you some advice here-Ending a fixed term agreement

 

There are special rules on how you can end your tenancy if it for a fixed period (such as six months or one year), which has not yet ended. Your tenancy could be fixed term even if you pay the rent each week/month.

Contents

 

 

 

What if my landlord agrees that I can leave?

 

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called 'surrender'. To be valid, both sides must agree, and it's always best to put what's been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender.

It's worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you can't leave early. It may be convenient for both of you!

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What happens when my agreement runs out?

 

If your agreement is for a fixed term (eg six months), you can leave on the last day of the fixed term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.

If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly. Remember that you may need a reference to get a new home and, if you've paid a deposit, you're more likely to get it back if you keep the landlord informed.

If you stay for beyond the fixed term and your landlord doesn't give you a new fixed term agreement, your tenancy or licence will automatically become periodic, which means that it rolls from week to week or month to month. Most of your other rights will stay the same, but the rules on how you can end the agreement will be different.

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Can I give the landlord notice and if so, how much?

 

Many fixed term agreements (including some assured shorthold tenancies with private landlords) contain a 'break clause', which allows you to end the agreement before the end of the fixed term.

Check your agreement to see if it includes a clause like this.

 

  • If it does include a break clause, it should also say how much notice you have to give and whether there are any special procedures you have to follow.
  • If it doesn't include a break clause then you cannot end the tenancy early unless the landlord agrees to it. If you leave anyway you can still be liable for the rent to the end of the period.

Contact a local advice centre if there's anything you're not sure of - use our directory to find one.

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Can I get someone else to move in?

 

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord should give the new person their own tenancy or licence agreement - otherwise, you will still be legally responsible for the tenancy.

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What if I just walk away?

 

Walking away or posting the keys through the letterbox is called 'abandonment' and will not end your agreement. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears. If your agreement is fixed term, you can be charged rent until the term ends.

The landlord can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in.

Doing a runner may also make it harder for you to find a new home. Most private landlords ask new tenants for references from previous landlords and are not keen to rent to anyone who has abandoned a tenancy or licence in the past or has a history of rent arrears.

Similarly, it's important to make sure that you have somewhere to go when you leave. If you need to make a homelessness application in future, the council may decide that you are intentionally homeless, because you left a home that you could have stayed in.

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What other options are there?

 

If the landlord won't allow you to leave early and won't allow a new tenant suggested by you to move in, you may be able to negotiate to only pay part of the rent you owe. For example, if there are four months left on a fixed term agreement, the landlord might agree to only two months' rent instead while they look for a new tenant.

Back to top

What if I have a joint tenancy or licence?

 

You have a joint tenancy or licence if you share with a spouse, partner, family member or friend and both/all of your names are on the agreement.

The actions of each individual person will affect all of your rights. For instance:

 

  • If one of you leaves without ending the tenancy correctly, the whole rent will still be due and the other(s) will have to pay the missing person's share.
  • If one of you has caused damage, the landlord may be entitled to take money out of your shared deposit.

You can only end a fixed term joint tenancy if your landlord and all the other joint tenants agree or if there’s a break clause and the other tenants agree to use it. It’s a good idea to get any permission given in writing so that you have proof of what was agreed. If any of the joint tenants want to stay they would have ensure the landlord would grant them a new tenancy, if the original agreement ends.

If you're thinking about leaving, be sure to discuss it with the other joint tenant(s) before you take any action. It may be possible for someone else to take your place, and/or for the landlord to give a new agreement to those who are staying.

 

 

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Edited by tawnyowl
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If you're going to have to remain in the property for now and it's in disrepair, your landlord has certain responsibilities to carry out the repairs. There are steps you can take to get your landlord to do the repairs, starting with reporting the problem to them.

Unfortunately, you don't have the right to end the tenancy just because it's in a bad condition. However, it may be that your landlord would rather negotiate with you to leave the tenancy early than carry out repairs.

Edited by tawnyowl
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Tawnyowl is correct in that you cannot just walk away from your fixed term contract, unless you come to some kind of agreement with your landlord and it will be on his terms. If they insist on making you stick with the contract, then there is little you can do. Remember though that as it is a fixed term contract you DO NOT HAVE TO GIVE NOTICE TO LEAVE ON THE LAST DAY OF THE FIXED TERM. You can just walk away!!

 

Regarding repairs not being carried out, your best recourse is to do the following:

 

Write to your landlord (via agent if you have to, but it is the landlord's responsibility) and list the repairs required, with the most urgent first. Tell them that you have repeatedly requested that these repairs be carried out and that unless action is taken within the next 7 days, you will arrange for the necessary repairs and deduct the cost from the rent.

 

Then contact the environmental health people at the council and set things in motion. You have nothing to lose, and everything to gain as if they say the property is unfit, you can then walk away.

 

You have not told us what sort of repairs we are talking about - it might be helpful to have some idea.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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