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un1boy

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Posts posted by un1boy

  1. Good afternoon, 

     

    I hope you are well and staying safe.

     

    I am currently in the middle of a long and exhausting conversation with my landlord (I rent a flat), regarding service charges, and have some preliminary questions - I am hoping someone is able to give me some advice:

     

    1. The contract does not have a specific are re the lease, it has a (glued on) list of line items, and amounts, and then sections below stating accountant's certificates are needed and some other terms re the service charge.

    Does the fact the line items have been glued on have an effect of the validity of the contract?  Under the section that says "Service Charge" a separate piece of paper has been glued on with the table of line items, and the costs to pay for that period.

    No accountant's certificate has ever been provided - including after section 21 requests - does this make the demands invalid?

    The contract does not split each line item in to what can and cannot be claimed; it is simply a glued on table, with amounts for that particular accounting period.

     

    2. Caretaker's salaries are included, but there is nothing in the accounts to show how much is paid out

    The salaries cover tall caretakers across the whole business and all properties (spread out across the flats)

    As the amounts cannot be evidenced, does this have an impact on the validity of the charges?

     

    3. Charges have been included for live-in caretakers rent, council tax and water

    As my block does not have a live-in caretaker, am I liable to pay towards these?

     

    4. Management Charge 

    The landlord has no separate management company, however charges a standard 10%, however this is not in the accounts and they cannot provide evidence of costs incurred.

    Am I liable to pay this if they cannot evidence - it works out to almost £500,000 a year across al flats, which I feel is excessive for the list of items they have told me if covers, especially as most of them are standard parts of their business.

     

    5. A previous first tier tribunal claim was made for something not directly related to my issues, however, the ruling mentioned the landlord provided no evidence of the caretaking salaries, so they used assumptions with their calculations - these calculations are obvious out of date and a lot lower than they are using for mine. 

    The landlord has advised the tribunal used incorrect figures, but I have pointed out the decision was not appealed, and therefore stands.

    I know first tier rulings do not set precedents, so I was wondering how this effects the fact that no evidence of the caretaking salaries was produced at that hearing?

     

     

  2. Hiya,

     

    The Act has no time limit, although it is covered by the statute of limitations, meaning it cannot be enforced through the courts after 6 years.

     

    I was not aware of the issue until a specific time, the device has never been used because I could not use it for its intended purpose, so it has been sitting around, and I was sold extended warranty.

     

    The reasons I have not pursued until now are personal, but as far as the law is concerned, I have the right to pursue at any time.

  3. Hi Bazza,

     

    Sorry, I am not getting notifications of new messages.

     

    I can't remember what it said in the catalogue, but I was sold a 4G sim card at the time (on the same receipt) which never worked.

     

    I have written to Argos and they said it is down to the customer to research products and the issue was out in the public domain at the time, so it is nothing to do with them and they recommend I seek independent legal advice.

  4. Sorry Bazza, it would bought from Argos and O2 Sims did not work.

     

    I will grab the variant asap- it needs charging!

     

    I guessed I would be facing that question but I was not aware it was on the wrong spectrum until now and I have had too much on deal with this. Also, I am entitled to make a claim at any time, although I am aware of the statute of limitations.

     

    I guess I just need some direction on the best way forward; I am currently wring a letter to the retailer, as by card company has told me to do this first.

  5. Thanks Old Cogger - I still don't really undersand how it's an accurate situaton as no payments have bene made late. Flaggin the account as in arrangement, and even arrears, I can understand but not late payment markers. It's evne more confusing now that my latest payment has been uploaded as made on time whne nothing has changed at all.

     

     

    The other lenders have not added late paymnet markers to my accounts, just that it is in an arrangement.

  6. Good afternoon,

     

    I entered an arrangement with my Capital One card with reduced payments for a temporary time, due to redudnacy.

    I have made every payment, as agreed and on time.

     

    I checked my credit file and noticed they had uploaded some late payment makrers

    - 1 on one month, then 2 then 1 and 0 for the latest payment.

     

    I have made a complaint about this,

    and have bene told that this is their process,

    despite them admitting the adviser on the phone did not advise me they would show as late payments.

     

    Is this the correct process for them to follow?

    I don't think they have understood,

    nor taken owenership of my complaint,

    as they offered their final repsonse on the phone before even listening to the call and have referred me to the Ombudsman since.

     

    I also don't understand how they can show them as late payments when I have not made any late payments?

     

    I am going to write to the Ombudsman, as I have not got anywhere with Capital One and I feel there was a lack of understanding and owenership from Capital One.

  7. Hi all,

     

    I bought an ipad in 2012 which was "4G" ready. My Ipad has never worked outside the home and I've barely used it since. I have now learned that these were missold by Apple and they have asked me to contact the seller) to claim under Consumer Rights laws.

     

    When I bought the ipad, I also bought a cover. I used vouchers and credit card. The credit card amount is one pound under the cost of the case - I also bought the extended warranty in a separate transaction, on the credit card.

     

    The seller have told me they will provide a pro ratered refund.

     

    Do I have a section 75 claim with the credit card provider, on the basis that the ipad was on the same receipt as the case?

     

    Without the case, the ipad cost would have been covered by the vouchers, however I would have bought the case with vouchers anyway, leaving the same amount to have been paid on the credit card if I had bought the ipad seperately.

  8. I agree with most of the points above. Most of the agreements and contracts appear to be verbal and a lot of it sounds rather dubious.

     

    If the ex-employee was allowed to drive the car then surely there would be some sort of insurance to cover such damage, as pointed out..the recent horrible weather means that many vehechiles may have water damage, it doesnt automatically mean that the ex-employee is liable.

     

    In a court you would have to prove that the ex-employee is liable and provide good evidence and I wouldnt rate your chances too high.

     

    Thanks Andy. I've invited my friend to take a look at this thread, in case there is anything else he wants to add.

  9. Hi Un1boy it would be a good idea to check those points out with your friend. I am not saying that the driver who handed in his notice hasn't caused the problem, but if your friend were to start a court action against the driver I think he would find it very difficult to actually prove anything. Your friend is reacting to anger and assumption neither of which will go down well in a court room and of course if he fails to prove the driver is responsible then he will be left with all the costs and perhaps a compensation claim from the driver for having been taken to court.

    This could work out a lot, lot more than the cost of the van repairs, I don't like to pay for something I don't think I am responsible for but if I were in this position I would try to cool down, look at the facts in the cold light of day and take it as an expensive lesson.

    He could be lucky in court but in my opinion (and it is only my opinion) that would be highly unlikely. Maybe someone else will be able to give some advice to the contrary but I doubt it.

     

    I believe there was a verbal agreement that the emplyee would cover any damage and speeding fines he received whilst in the vehicle. He did receive a spedding fine and opted for a course instead of receiving points.

  10. "My mechanic looked at it the same day and found that the alternator had been filled with water and effectively boiled itself to death as a result of, in his opinion someone driving through deep water.!!"

     

    His Mechanic................... and in His Mechanic's opinion. That would come across as a very one sided opinion. Even if that opinion was accepted, with the weather that the whole country has suffered recently could it not be realistically accepted that in the course of a day's driving the van would have been subject to conditions that could replicate the van having been driven through deep water ?

    The van had also been left overnight, was this unattended ? If so, can it be proven that a person unknown could not have perhaps tampered with the van and caused the situation ?

    Is there deep water in the near vicinity of the Unit ? Because the driver must of had to drive from where ever this perceived deep water is without the van suffering the damaging fault that had occured after 6 miles of the owner driving the van.

    Truthfully there is little if any proof of the driver who has handed in his notice being at fault or being the cause of the damage to the van.

    Work vehicles, indeed any vehicle can develop an electrical fault in an instant. It is infuriating, it is inconvenient and it can be expensive when it happens but the cause could have all sorts of contributing factors. Unless the van had been undriveable or had suffered problems prior to the outset of the journey then it has to be accepted as a breakdown whilst in the care of / being driven by whoever is in the driving seat at the time of the vehicle failure.

     

    All extremely good points, and I will find out if there is any other proof.

  11. Thanks BankFodder, you're a star.

     

    The driver clocked in that morning and when he left. My friend's daughter and customers have confirmed he was the driver as well. There is a mechanic's report to confirm it's water damage and could only have been driven a few miles before the alternator boiled to death.

     

    He is the only driver my friend had at the time. The guy quit that night.

  12. Good morning,

     

    One of my friend has had an issue with an employee, the situation is below - just wondering if there is anything that can be done, or if we can be pointed in the right direction for help? (The situation is written from my friend, so in the first person)

     

    Basically a guy worked for me On the Saturday I used my vehicle and left it at my unit all in tact. On the Monday he used it to do deliveries, he was the only user that day. That evening he txt me to say he quit, so I accepted that. At 4 am the next day I loaded my van and set off to do my deliveries I got 6 miles down the road and all the electrics failed I nursed it back to my unit and left it.I used my car to do my deliveries. My mechanic looked at it the same day and found that the alternator had been filled with water and effectively boiled itself to death as a result of, in his opinion someone driving through deep water.!! As my ex driver was the only driver of this vehicle on that day I am looking to take him to county court for the cost of repairs and hiring of a vehicle.To date the vehicle has not been used because the damage is such that a new electric loom has to be specially made.I am claiming for the cost of repair approx £470 plus £150 for hiring a vehicle and fair wear and tare on my private car.

  13. Hi guys,

     

    I totally forgot I needed to submit court bundle for the hearing that's scheduled on 20th May. I should have had it submitted yesterday.

     

    I'm claiming credit card charges and they've taken it to court bundle stage so far and tbh I am scared.

     

    Any ideas what I should e putting in my budle and whether they will make me attend?

     

    I claiming for a friend and she is freaking out about having to attend court.

     

    HELP!!!

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