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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bad letting agents advice


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I want to find out what I can do next.

I've just finished a tenancy with a terrible letting agents. Durring the year with them, we had no toilet for 3 months, poor repairs and a number of other issues. We complained but nothing was ever done. When leaving the flat, we refused to pay their check-out fee, because of their poor service and because they had not completed an inventory at the start. They then refused to release the rest of our deposit (over £1000) until we paid what they wanted. I would like to take them to court, to hold them accountable for their actions. I'm not even that concerned with money - I'm mainly angry that we had no working toilet for months, and that they never did anything about it. And also that they would have tried to hold our whole deposit as ransom. We have stack of letters that we wrote to them complaining, and even emails from the landlord complaining about them. They have been rude, nasty, and simply discusting to deal with.

What can I do? I want to take them to court... or to have some action taken against them. They shouldn't be able to get away with how they have acted.

Many thanks

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Just an extra note - I can't stress how rude, and nasty these people were. They never returned calls, or kept appointments. But they were just lazy and annoying until the end of the year and we refused to pay some money to them and started to really complain - then they turned... well not even like a business... it was more like talking to 15-20 year threatening children. At the end of the year the landlord was going to allow us to leave them and deal with him directly because of their poor service. In the end, we had to move back north, so left the whole flat. But, we have many, many letters of complaints, from us and the landlord to them. I even have them addmiting that they would hold the whole deposit to until we paid what they wanted, in a ransom sort of way.

Edited by Liamhastings
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The landlord is the one who chooses to pay the agent so ultimately it's the landlord's responsibility if your toilet did not work. If the landlord is useless, or ineffectual in the face of his agent's poor performance then he needs to be told not to use this agent again. If he simply doesn't want to get involved then he is culpable to his agent's failures.

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In the landlords defence, he was in Australia - that why he got this letting agent - to run things. One of his emails to them that he added us in to was him complaining that they were supposed to be sorting things out for him.

But the point is, he might have been a little slow or stupid to use them - they however were rude, nasty and negligent. I want to hold the letting agents to account for how they acted - mainly with the toilet.

How would I take them to court?

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I am not a lawyer, but I think you cannot take the agent to court because you have no contract with them.

 

Effectively you have a contract with your landlord, so you would take him to court. If that annoys him enough he will take his agent to court to get compensation for their ineptness.

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No they cannot. They hold the deposit on behalf of the landlord. The landlord can and should instruct them to release the deposit.

 

If they do not do so then the landlord should repay the deposit to you and then he should sue the agent for the money. The landlord should be taking responsibility for getting you in this mess.

 

Who have you complained to that they want you to retract your complaints from? I guess you have not got this in writing?!

 

I've not yet asked, is your deposit protected? And if so, by which scheme? Can you get the scheme involved?

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It's now taken a sick, almost sinister turn. The manager in charge of the agents has told my partner, that unless we give a full appology, retract all complaints, and write and sign that we intend no legal action, then they will not allow the money to be return and will try to dispute the FULL amount. £1250! When we were the ones to complain in the first place!

The money is with the DPS. They have just said that the way the agents are acting is not correct and we should take them to court. The thing is, we need the money back sooner rather than later - It's over £1000...

If we do send a mail saying these things, can we still take them to court at a later date? For the toilet issues, and the fact that they wouldn't return the money? I have emails of all their demands and replies.

We haven't complained to anyone apart from them so far.

The landlord has mailed me and said he's asked them to return the deposit - In fact he claims they told him they were not going to hold on it...

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Heels appear well & truly dug in. Don't expect deposit back in near future.

So Letter before Action to both LL (UK address, also email copy out of courtesy) & LA giving 14 days from date of letter for return of deposit.

Initiate County Court action against both LL & LA, via MCOL (online) for return of full deposit, citing repair delays.

If local press heard facts of the case & ran a story, not good for local rep of LA.

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I don't know what procedures DPS have, but they ought to understand that the agency is the agency of the landlord, and that therefore the landlord should be entitled to release the deposit himself. So I'd be asking DPS if they would allow that.

 

Alternatively, the landlord can pay you directly and you can release the deposit to the agency who would then have to give the money to the landlord.

 

Can you get the landlord to email the agency and to copy you in, demanding release of the deposit?

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