Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2375 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all thanks in advance

 

The land lord is always asking for rent in advance,

 

Payment date is the 12th of each month ,

 

I have been paying as and when before the due date,

but lately the ll is hassling me

example

this month I paid £375 two weeks ago,

get a call last night can you pay some more,

 

the problem is I fear they will end the tenancy if I do not,

 

£400 due on Monday,

 

It seems it is the LL wife's spending money,

 

where do I stand?

 

Leakie

Link to post
Share on other sites

I am up to date,

 

I have paid another £300 today, just to keep her happy,

 

So I am £675 in credit with her and will pay the last £100 on the due date.

 

I just feel I have to pay her in advanced or she will ask us to move,

in the past I have paid the full amount 2 weeks before it is due.

just to help her out.but it is getting a bit much now!

Link to post
Share on other sites

She already know that,

I receive HB so she knows I have money once every 2 weeks.

 

Think I will have to take the plunge and just tell to wait , and keeps my fingers cross there will be no come back.

 

No sure if there is any way I can protect myself.

Link to post
Share on other sites

Report her to your LA if they're paying you HB, any chance you can get them to pay her direct, so it cuts you out of the loop, there isn't a chance in hell she'll demand the LA pay her early!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

HB is paid 2 weeks in arrears to claimant (4 weeks if paid direct to LL) after initial date of claim, so T will always have some rent owing if they rely on HB payment alone.

OP please state -

when rent is due

when HB is paid

have you have funds avail to cover the HB 2 wk gap?

Link to post
Share on other sites

I have never been behind on the rent or I would have been out,

 

I had to make up the rent whilst the HB was processed.(Borrowed from my parents)

 

As soon as the LL knew I had HB she wanted to up the rent to £900.00

 

So I told them I would have to leave, they then agreed to keep it at £775.00

 

As LL knows I am paid every 2 weeks she wants it up front and I have to pay the difference on the rent due day.

 

as you can appreciate there would be 26 payments so I always have to make up the shortfall,

and twice a year it catches up as the HB payment arrives just before the rent is due,

 

My next HB payment will be on Wednesday 14th June.

Rent due day 11th of the month.

 

Had a call last night asking for money before the weekend at 9pm.

Link to post
Share on other sites

IMO this is illegal, report the LL to the council.

 

It's unfortunate that you have fallen at the first hurdle and paid her money when it wasn't due.

 

Regain control, and tell her that your rent isn't due until dd/mm/yyyy and she won't be paid until then.

 

If she bleats, then demand she refers to the tenancy agreement which states what date/day the rent falls on, also she has to change the tenancy agreement to reflect the change in rent payments, if she wishes that she can demand rent on any day she is short of cash.

 

REPORT this clown to the LA....you are being royally mugged off!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Thank you BB

just do not want it to get nasty ,

 

Been through hard times lately wife left 3.1/2 years ago and I have the 3 children so finanical part not good,

and would struggle getting a new property to rent

so do not want to lose this one until back on my feet.

 

Thanks for the advise

Link to post
Share on other sites

see#2

 

 

If AST states rent is payable pcm there are 12 payments pa, 4 -weekly = 13, weekly = 52.

 

 

There is no legal provision for fortnightly payments, other than weekly (same day each week).

Link to post
Share on other sites

  • 1 month later...

Hi all I have been given notice to my my private rented house,

I have been to see the housing officer to day and he thinks he may have noticed a mistake by the LL in the notice.

 

Date of notiforcation July 20th date to leave 19th September

can some one clarify if this the correct ammount of notice please

there are other issues as I have no Energy performance certificate

 

 

 

Leakie

Link to post
Share on other sites

Yes section 21 was issued

It was just something the council Housing officer brought up,

(guess he was looking for a reason to say it was not compliant with the S21 so it would be invalid )

that it may not comply as it is a day short.

He also asked for energy performance certificate which is also needed to comply

this is something I have not seen. The gas saftey certificate is being done today,

 

leakie

Link to post
Share on other sites

Hi

 

1. What date did you start your tenancy agreement and how long was it for?

2. When the original tenancy ended did you sign a new agreement or did the original agreement roll over (periodic)?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

Hi all need some more advise so I do not get fleeced by my current Landlord,

I have since found another property, My rent due date is the 11th of each month.

I can if all goes well move in on the 1st of September, so this will be, 10 days short of the calender month,

which I assume I will take a hit on.

1-If I waited until the 19th would I be expected to pay for the full rent (11th Sept to 10 Oct ) giving them 3 weeks rent for nothing?

I have been told that any notice should be given on the rent due day (section 21)

 

2- Do I need to give an certain period of notice as the section 21 has been issued.

What I am tring to avoid is being charge 2 months rent,

 

Hope this makes sense

 

Leakie

Link to post
Share on other sites

You should be able to give 1 month's notice that you will leave on 10th September.

 

If your landlord wants the house back, they may be prepared to agree an earlier date - get it in writing if they do.

 

Landlords are required to give 2 months' notice ending on a rent day so it does indeed sound like the Section 21 notice is incorrect.

 

However, check your contract to make sure that you have got the rent day right. Also, some contracts insist that tenant also has to give 2 months' notice even after the end of the fixed period. Even if such a term is unenforceable you may need to argue.

Link to post
Share on other sites

  • 1 month later...

Hi all

I was given a section 21 that runs out tomorrow,

unfortunately due to my circumstances I have been unable to find affordable accommodations

I am unable to provide a guarantor, but have offered 6 months rent up front and deposit,

 

I am a single parent with 3 children,

just wanted to find out the do's and dont's

 

I know I do not need to leave as I have not found anywhere else.

until the LL goes to court.

 

The council have been very unhelpful.

 

just want to confirm my rights

I do not want to fall out with the landlord, but feel this will happen.

 

I have paid up until tomorrow and have stated that i will pay for the next 2 weeks,

and hopefully move by then.

 

or should I have paid the full months rent and tried to claim it back as if I had moved out it would have only been 8 days

do not agree with paying more than I owe.

 

any advise would be appreciated

 

 

Leakie

Link to post
Share on other sites

3 threads merged for history

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Mariner51

 

Are you saying that the NTQ should go from the start of the monthly rental period

 

I pay on the 11th of each month so the NTQ should have been the same (2months from the 11th)

 

I sent them a letter stating that I have not found a place as yet, The one I thought I had secured they decided to sell.

 

I have paid rent up until today, and have stated that I will pay another 2 weeks as of tomorrow, and hopefully move out before.

 

Just does not seem right paying a full months rental for 9 days,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...