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Showing content with the highest reputation on 26/01/16 in all areas

  1. 1 point
    And me... I also pride myself on treating as others as I would like to be treated. As do the vast majority of my colleagues. I have to tell people things they don't want to hear virtually daily. I will always treat people with respect. Like others it's the tarring us all with the same brush that leaves me tempted to stop posting.
  2. 1 point
    With four months worth of rent arrears you would be well advised to also serve a s8 notice under grounds 8,10 and 11, and add it to your claim for possession in the alternative to the s21. Serving a s8, g8,10,11 requires only 14 days from service before you can add it to the court proceedings...make an application to join it to the current proceedings if you have already issued them. Doing so does two things - 1) if your s21 is defective, you can rely on the s8, 2) if the tenant wants to defeat the ground 8, they will have to reduce their arrears to below two months. This is a win win situation for you, as a) you will potentially get back some of your rent arrears and b) you can still ask for possession under discretionary grounds because you have been dealing with this poor paying tenant for well over a year (it would be a very mean judge who forced you to keep tenants like these when it seems you have tried to give them lots of leeway and chances to pay). Possession granted under ground 8 cannot be stayed - which means if you get a possession order granted you are guaranteed to get your property back.
  3. 0 points
    In an earlier post i included a link to the Citizens Advice helpline. They have been trained by Trading Standards and they will tell you what rights you have, so you can contact Currys with more authority. I suspect that the reality of the situation is that you are going to have to prove that there were manufacturing faults and that Currys under SOGA have to fully repair or provide a replacement. This might prove tricky, given that Apple have looked at the Macbook under the warranty. Apple are unlikely to provide the data from their tests to you and even if they did it might not reveal much. Think you will have to register formal complaints to Currys and Apple head offices. Currys have responsibilities under SOGA and Apple under the extended warranty. It is just which is the best way to achieve the result you want.
  4. 0 points
    https://www.youtube.com/watch?v=vXwABgoiCa0
  5. 0 points
    It sounds like this director may well have engaged in wrongful trading. The problem is that wrongful trading claims can only be brought by a liquidator. If you want to bring a wrongful trading claim, you would need to arrange for the company to be put into insolvent liquidation and for a qualified insolvency practitioner to assist in bringing the claim against the director. I doubt there are enough assets in this company to pay for that - so, you would need to pay. This would probably all cost more than the car is worth. However, as a creditor you can bring a claim on the basis of this piece of legislation - http://www.legislation.gov.uk/ukpga/1986/45/section/423 - which deals with transactions defrauding creditors. As a creditor of the company, you should receive any left in the company before it is wound up. If the director has simply paid the 3k to himself to avoid paying you, that would be a transaction defrauding creditors. In this case you could ask the court to order that he pays that money to you under s423 of the Insolvency Act. I agree that you should object to the strike-off. You may be expected to demonstrate that you are taking action to pursue this (e.g. by filing a court claim). You can initiate a court claim using the moneyclaimonline service, naming both the company and the individual as defendants.
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