Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
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  1. #1
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    nickyp99 Novitiate

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    Default "final payment" and labour costs

    Dispute with landlord over deposit return.

    a) He has sent reviewed cheque with increased offer "to settle". The end of the letter states that cashing the cheque would constitute our acceptance of the amount as a Full and finalicon settlement. Can we cash it and then sue him, or would this severly prejudice our case? The reason for cashing it would be fairly evident to any judge: The first set of cheques were post dated by two months, not signed and later stopped. That was before we had even started to complain about anything.

    b) Landlords can't charge for their time, can they? Most of the deducted amounts are for £100, or £20, or £10. Basically, he has told us that he has fixed everything himself and charged an hourly rate. Therefore there are no receipts. Personally, I don't think he is even worth minimum wage.

    Cheers, I promise when this is resolved I will stop asking questions...

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  2. #2
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    Default Re: "final payment" and labour costs

    Hi nicky, if you cash your cheques you will be seen to have accepted their offer in Full and finalicon settlement as stated in the their letter and you will not be able to re-sue so be careful.
    also even if the landlord has done the work himself he can charge no more than £7.50 per hour by law and he still must provide a Breakdownicon of hours spent doing the work
    hope this helps and good luck

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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  3. #3
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    Default Re: "final payment" and labour costs

    Thanks.

    Hmmmm. The landlord has quote an hourly rate of £30p/h. Is this £7.50 p/h some sort of accepted convention or is it actually in the law? If it is, does anyone know which law? I always like to quote the relevant Act where I can...

    Personally I don't think he is worth minimum wage.


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    Default Re: "final payment" and labour costs

    Well, I thought landlords was £9.50 and that that was a court rate - knoxvillain, you posted in your thread that it was from the County Courts Act? I've tried looking for a copy but can't find one - do you remember where you saw that?

    £30 an hour is ridiculous. My OH's an IT contractor for a blue-chip int.company and he doesn't even get £30 an hour!

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    Default Re: "final payment" and labour costs

    Tell him to up his rate I do IT work for a couple of clients part-time and one of them was charged £50 per hour recently!

    Lloyds TSB, Total Charges £900, Claim Filed for £1379 - Settled

    Sainsbury's Bank Credit Card, Total Charges £90 - Settled.

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    Default Re: "final payment" and labour costs

    More info on the £9.25 p/h quoted by Knoxvillain can be found in the following threads:

    repairs - LandlordZONE Forums

    Court proceedings started - LandlordZONE Forums


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    Default Re: "final payment" and labour costs

    sorry, must have missed this thread. £9.25 is the rate

    Halifax Credit Card - claimed £404, settled at £387.50
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    ex-Landlord - successfully got him to drop his counter-claim, settled out of court after 3 hearings

  8. #8
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    Default Re: "final payment" and labour costs

    Quite right, i was advised it was £7.50 a while ago on landlordzone but its obviously changed since.

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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