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Esio Trot

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Everything posted by Esio Trot

  1. I think most commentators on this topic have missed the key point here. The OP is talking about the letting agent. The key term here is AGENT, which is a powerful term in law. It means that the owner is completely and undeniably answerable to the actions of his agent. The agent is in effect the de facto landlord. Your tenancy agreement will reveal all: whose name appears as the lessor (landlord). If it is the owner, that is the person against whom action is taken; if the agents name appears, then he has sub-let the premises from the landlord, and then it is the agent who will be sued. If the owner is named as landlord, it is up to him or her to sue the agent for wrongdoing as a counter claim against yours to the owner.
  2. There is a piece of legislation called Torts (Interference with Goods) Act 1977 that applies here. What this act says is that you can't just get rid of a tenants chattels, because if you do he could sue you for the value. You must give notice (put in the window of the property is usual) that you are going to dispose of the goods after 28 days. HOWEVER, you are entitled to charge storage for every day after you gained possession - which has to be at least £20 a day, and if there is a fair amount maybe as much as £40 or £50 a day. On that basis I would take a risk of getting rid of everything now. I used to run a lettings agency, and out of the couple of dozen notices under the above act we posted, we only had one tenant ask about their belongings. We said that they could have them, but for security they have been removed from the property and stored as per the act, but as 21 days had elapsed, they could have them once the £210 storage charge was paid. In between much profane swearing they said there was no [expletive] way they would pay storage. We said fine, they will be disposed of after 28 days, with anything of value sold to help meet the storage charges.
  3. You also need to check your title entry on HM Land Registry. Unless you have given the freeholder written instructions to use an alternative, the ground rent notice (even if otherwise correctly completed) is invalid. The address held by HM Land Registry is the legal service address.
  4. FENCE My understanding of English law is that there is no requirement for any landowner to fence his own property. The only caveat to that is if there is a covenant in the title deed where the current owner would have agreed to erect/maintain a fence. On that basis, she can moan all she likes, as legally she can't do anything. Thinking ahead though, avoid putting anything formally in writing. If you do, then there will be a need to disclose a neighbour dispute as part of the disclosures to prospective purchasers. Whenever I have seen this, as most people will have seen 'Neighbours from Hell' they normally will walk away. Nobody wants to move next door to somebody vexatious.
  5. Would it be worthwhile going for a wasted costs order? After all, it has cost you much emotionally as well as financially in defending their action.
  6. In the county court, service is not valid unless a letter is sent by first class mail. Would this also apply to council tax summonses?
  7. Interesting. So, once the number of summonses issued are know for each year, the next steps are: a) is to obtain a breakdown of the summons costs; and b) the number of staff employed dealing with arrears and summonses. From these facts, calculations can then be made to test the soundness of the breakdown, or whether the figures represent a fiction.
  8. In response to Revd Nicolson's successful Judicial Review, I have sent the following FOI request to my local council: In hindsight it would have been better to have also asked for the figures for NNDR too, but if needed I'll do another FOI for these too. There has been a previous FOI request, and the council provided these costs to justify the £120 charge (and it includes general costs, not just those 'reasonably incurred' in the issue of the summons and court hearing. However, the council graciously rounds the figure down to £120).
  9. As soon as you receive confirmation from the court, I suggest you submit a schedule of your costs and disbursements (copied to the other side) and ask for a wasted costs order!
  10. The above bit I've quoted is the most important thing to enquire about NOW. If they haven't paid, send a letter to court based on post #109 above asking for the case to be stuck out as the claimant will then have failed to adhere to the court's directions. If they have paid, you know they are serious and you will need to assemble and produce your defence before xx January 2015.
  11. Bearing in mind that the lodger no longer lives there and has left no forwarding address, if the lodger is the only one who could fill in the form I trust he asked the court official to suggest how this might be achieved !!!!!!!
  12. They might not necessarily get judgement. Should a court claim be issued by Parking Eye, then the OP has no option but to issue a counter-claim. But lets hope that this doesn't happen.
  13. Case law had clarified some elements of this monstrously constructed piece of legislation since the OP won the case. Deposit protection legislation refers to 'tenant', once you leave the property, your tenancy is at an end and you are no longer a tenant. My understanding of the case is that as you are no longer a tenant, you cannot claim anything under the lack of deposit protection. Your options thus go back to the tenancy agreement you signed and the wording of this in relation to the deposit. The most important thing to work out is who was supposed to hold the deposit. Tell us this (preferably quoting the exact wording in the tenancy agreement) and we can advise further.
  14. That should, in my eyes, work in your favour then. It is up to the plaintiff to prove on the 'balance of probabilities' that both the car was at the place when the incident took place AND that the registered keeper was the driver to whom they have been corresponding.
  15. In your other thread you wrote: Your tenancy is periodic, so the Protection from Eviction Act 1977 s5 (as amended) comes into play. For almost all assured shorthold tenancies it means that you have to give notice, it must be in writing, must end on a rent day or the end of a period of your tenancy, and must be served at least 28 days before. Thus your rent day is the 9th of each month and to give the requisite minimum 28 days means that the earliest you can end it is 9th March (provided that you serve notice at least 28 days before). You must then leave on or before 9th March. If you stay even one day longer, your notice fails and you have to serve notice again.
  16. But it's still a balance of power thing. It will be with a trained questioner on his or her home ground, and at a time and date of their choosing. This is against someone who has little knowledge of how proceedings should be conducted, and of their rights whilst under caution. To the original poster: If on their premises, it will normally be a recorded interview. In these circumstances the following should be adhered to without fail: Keep all answers short and only answer the question asked (i.e. Don't tell them a story) Be aware of the difference between open and closed questions. A closed question invites a yes/no/don't know answer ("Were you there on 22 October last?"), whereas an open question invites a fuller response ("Explain why were you there on 22 October last?") Keep calm These interviews can go a quite a pace so to keep it at your pace you can pause to answer, and also ask them to repeat the question or rephrase it if you don't fully understand what they are asking. If you don't fully understand the question, say "I'm sorry, I don't really understand your question. Can you say it again?" The person accompanying you is not there simply as a mute manikin. They can talk to you, perhaps to remind you that you should calm down/go more slowly/ask if you fully understood the question or are okay as you seem to be getting upset. As Erica has said, attendance is voluntary. If attending and you are not told this, ask if you are under arrest. I do disagree with Erica above though about attending (reasons below), and it is for you to pass on differing opinion to your son for him to decide. Personally, unless there are compelling reasons, I would recommend your son decline their request - particularly if it will cost him time and money taking time off work. If you do feel the need to agree to an interview, tell them that it will have to be at a place and time of his choosing (this changes the balance of power a bit!). Under the Civil Procedure Rules (NB The book that is advertised here covers small claims actions, not criminal proceedings) that the court issues for plaintiffs and defendants, should they ever have evidence that your son was complicit in anything, they will have to declare this under the disclosure rules. You son can then decide if this is good evidence or easily defendable. In my opinion though, it is highly unlikely that your son would ever be called to court. I was told some time ago by a DWP employee that investigators have targets to meet. The main one is 'savings', whereby if a claimant withdraws/reduces their claim as a result of their investigation, the difference is chalked up as a saving. They also have a budget for court claims which means that they do not issue proceedings on "might win" cases, only those where the evidence is damning.
  17. I think you will have a tough time trying to get any money back on this. Provided that the fees were on the paperwork, most likely the agent will be covered. In our office, the fees we charge tenants are about the lowest in the town. The boss in our agency got his niece to do mystery shop last month finding out what all the others charge. He is now thinking of raising our tenants fees by at least 40%. If the tenants moan, we can 'do them a special deal' and knock off the extra. If they don't moan and pay it, I'll get that bit extra commission
  18. Thanks for the information. SAR it is then. I'm not paying at all on the account - haven't for some months. Had the first telephone call from Mercers this week!
  19. I have had this credit card account since the 1980's, originally with Frizzells/CSMA. The debt is just of £3,000. At least a couple of years ago all these accounts were sold, firstly to Goldfish, then to a division of Barclaycard then to another division of Barclaycard (with new cards and numbers being issued each time). I pay by standing order and with all the changes I ended up continuing to pay to an old account, having missed the letter saying to alter payment arrangements. Over the next month I was then bombarded with letters and phone calls demanding immediate payment. This annoyed me so much that I send in a request in March 2009, with my £1, asking or a copy of my agreement (unlikely that they can locate it after 20 odd years). All I have received in response is a letter with current terms and conditions, saying that they have now complied with the CCA requirement and the debt remains outstanding. In the last month I have been getting an automatic dialler calling my home number, sometimes 5 or 6 times a night. At weekends I get human beings, to whom I mostly refuse to speak to. The unusual aspect of this is that (this division of) Barclaycard have only had the account for under a year. I have not retained any letters of assignment on the last or previous changes. If I do a Subject Access Request, will it only bring up details of the last year? Any suggestions where I go from here?
  20. I guess you now know the result of the court hearing. The case you outlined was more complex to deal with just three days before the hearing - plus as you were not the subject of the possession case it would have been difficult for readers to ask you some specific questions that your post omitted. I do hope your friend had decent advice.
  21. Most county courts now have a duty solicitor. May I suggest that you take your paperwork, plus the hearing letter down to the court and see what the lawyer can do for you. If Preferred are subscribers to the Mortgage Code, then you might well have grounds for getting the hearing set aside. This is because a possession hearing should be the last resort, not simply a timed process that Preferred follow without regard to communications and offers. The courts time is valuable and should not be used when there is any other way. If Preferred are ignoring your attempts at finding a solution (and their morals mean that this is the norm for them in my experience), then they are contemptible. As you will not be available on the day set, you need to apply for a postponement - again the duty lawyer can sort out the right forms to enable you to do this. Do not just sit back.
  22. Most county courts now have a duty solicitor. May I suggest that you take your paperwork, plus the hearing letter down to the court and see what the lawyer can do for you. If Preferred are subscribers to the Mortgage Code, then you might well have grounds for getting the hearing set aside. This is because a possession hearing should be the last resort, not simply a timed process that Preferred follow without regard to communications and offers. The courts time is valuable and should not be used when there is any other way. If Preferred are ignoring your attempts at finding a solution (and their morals mean that this is the norm for them in my experience), then they are contemptible. As you will not be available on the day set, you need to apply for a postponement - again the duty lawyer can sort out the right forms to enable you to do this. Do not just sit back.
  23. In our office (I am an agent) before a tenancy starts we ascertain who is paying what and what should happen to it at the end - saves no end of arguments. Shame your's didn't do this. Money claim on-line will only cost you £35 if it is under £500. However, you will have to issue a joint action - against the agent (as deposit-holding is a quasi-trustee activity) and the landlord (of whom the agent is merely the representative). If the agent defends, I don't hold your chances of success as very good. On the other hand, the agent may be willing to reach a compromise to save the time and hassle of defending.
  24. Don't just sit back, as you need to do a bit of work. You will have no doubt heard in the media over recent months that the government have put more pressure on mortgage companies to not start possession proceedings unless it is the last resort. Thus you need to make sure that you actions mean that they can't use the "last resort" reason. So: Preferred is now operated by Capstone Mortgage Services. It would be helpful to you if you could find out if they both or either of them subscribe to the Mortgage Code issued by the Council of Mortgage Lenders. If so, read this code carefully. It tell you what they will do when customers are having difficulties. If they are not following this code, write to the solicitors and point out that they are in breach and why. If you can't pay the full amount, pay what you can. Try and pay at least the interest-only amount. (If you can't work it out, post the figures so we can do it for you). Read the following leaflet from the FSA and follow the advice Unless a last resort do not make or accept phone calls about your arrears. When you are stressed it is difficult to think straight. With a letter, you can ponder its meaning; put it down and go for a walk before re-reading it. Communicate only in writing. Hope this helps.
  25. Don't just sit back, as you need to do a bit of work. You will have no doubt heard in the media over recent months that the government have put more pressure on mortgage companies to not start possession proceedings unless it is the last resort. Thus you need to make sure that you actions mean that they can't use the "last resort" reason. So: Preferred is now operated by Capstone Mortgage Services. It would be helpful to you if you could find out if they both or either of them subscribe to the Mortgage Code issued by the Council of Mortgage Lenders. If so, read this code carefully. It tell you what they will do when customers are having difficulties. If they are not following this code, write to the solicitors and point out that they are in breach and why. If you can't pay the full amount, pay what you can. Try and pay at least the interest-only amount. (If you can't work it out, post the figures so we can do it for you). Read the following leaflet from the FSA and follow the advice Unless a last resort do not make or accept phone calls about your arrears. When you are stressed it is difficult to think straight. With a letter, you can ponder its meaning; put it down and go for a walk before re-reading it. Communicate only in writing. Hope this helps.
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