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MATTYFEZ

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Everything posted by MATTYFEZ

  1. Ok, Thanks... Well, a new hurdle has been reached. My claim was deemed served on the fourth, acknowledged on the 17th, so its judgement day. I understand that Mcol is swamped and to post back here when this time comes, so I wait untill say, friday to see if Mcol updates, and go for broke? Mcol still says aknowleged (barclays intend to enter a full defence) Im assuming my case hasnt been stayed at this point (as per recent news) as ive had no letters or anything. So whats the consensus on the next step? again, many thanks!
  2. Anyone having difficulty logging on to Mcol, keeps saying page cannot be displayed........has it crashed due to high traffic with the recent news?
  3. New draft......should I send this or wait do you think? In response to your recent letter, I would like to state a few points: I assert that the property was left by me in the state in which it was found, and ask that you provide me with strict proof to the contrary. I must advise you at this point that the use of my bond for betterment of the property is unlawful. You failed to acknowledge my notice to terminate the tenancy, despite a letter and several phone calls. I must also point out that you have failed to return my bond within a reasonable time (stated by ARLA to be one month) with no good explanation. The amount of time it has taken you to complete the "vacation" is also unreasonable; again you have provided no explanation. I remind you that the bond is my money, and deductions cannot be made without strict proof of the alleged problems. You cannot prove dilapidations to the property without a full and signed inventory at the commencement of the tenancy. The condition of the property at present is immaterial - what does matter is the difference in condition between the start and end of tenancy. However, on this occasion I am prepared to allow you to release the entire bond to the landlord, as payment for the final month’s rent. This is a goodwill gesture and under the strict condition that this is in full and final settlement of the tenancy contract in question. Yours sincerely,
  4. Thanks for that MrShed, will do some editing to work that in.... Do you think I should send a letter now, or wait for more news from the agents... Thanks
  5. I would think so, yes. Surely if thier car is out on loan, they themselves should arrange a third party hire car for you...you should approach them with that and see what they say.
  6. I have drafted this letter.... In responce to your recent letter, I would like to state a few points: I assert that the property was left by me in the state in which it was found, and ask that you provide me with strict proof to the conterary. I must advise you at this point that the use of my bond for betterment of the property is unlawfull. You failed to aknowledge my notice to teminate the tennancy, despite a letter and several phone calls. I must also point out that you have failed to return my bond within a reasonable time ( stated by ARLA to be one month ) with no good explanation. The ammount of time it has taken you to complete the "vacation" is also unreasonable, again you have provided no explanation. I remind you that the bond is my money, and deductions cannot be made without strict proof of the alleged problems being caused by me, and without providing me with reasonable written quotes for fixing the alleged problems. However, on this occasion I am prepared to allow you to release the entire bond to the landlord, as payment for the final months rent. This is a goodwill gesture and under the strict condition that this is in full and final settlement of the tennancy contract in question. yours sincerely.
  7. Thankyou, Arrrgh! just got a letter.... "we have completed a vacation at the above property and noted the following problems: Kitchen drawer broken tile in kitchen broken cooker dirty bedroom cupboard door hanging off we hold you bond of xyz, i have sent a letter to the landlord asking for his instuction as to wether i use the bond for rent, whereupon i would expect you to take responsibility for repairs, alternativley the landlord may suggest i use the bond to put the property back to a condition fit for letting, therefore i would request the last months rent from you direct. i await the lkandlords instruction" all of this damage was already apparent when i moved in, and the cooker was filthy when i moved in, i had to clean it before i could use it. the cheek of it!!! any advice on what to do next?
  8. Thanks for the reassurance:)
  9. Oh poo Ive just had a bad thought, ive been asking for the cash back plus the standard 8% since the beginning. without doing the sums, the 50ish% of my asking figure that barclays have offered might represent the cash with no interest included, will the courts look down on me as being unreasonable for not setteling without interest? sureley its reasonable to demand statutory interest on top as ive been deprived of money that could be put to use? i hope! anyone!!
  10. Hi, Thanks for your replies, however Ive just checked Mcol and its showing Aknowledged!!!! they must have done it just before close of business as I checked earlier and nothing. Well, going by that experience it looks like another 14 day wait grrrrrr:p Thanks all the same...should I compile my court docs now or see how it runs over the next 2 weeks? Cheers
  11. Well, todays the deadline (17th) for barclays to aknowledge or defend...deemed served on 4th, so far not a word from them.... My MCOL file hasnt changed, so im presuming after today I can request for a default win, but I read on here somwhere that it not the fastest course of action....any advise on what to do next? Any tips appreciated.
  12. MATTYFEZ

    Help

    what work exactly was the initial £400 for?
  13. Yep get a second quote somewhere else, I dont know how much your shocks are, but a full set of top quality racing suspension is less than that!
  14. That is one confusing letter! On the first line you state: "I Placed an order for one off Pro Sound L60AW Tie Clip Radio Mic system" Than later state: "when checking the contents of the box there was no Headset Microphone in the pack, Ewan then told me the item only came with the Tie Clip Microphone" I guess that was a typo on the first line and should have said "headset"....anyway it seems that you have inspected the offered alternative product (Chiayo), decided it was unsuitable and then accepted it anyway? Thats hardly Maplin's fault is it!! and its not really unreasonable for them to be out of stock.
  15. HI again, its getting exiteing now.. MCOL filed and deemed served on the 4th july, independence day lol Ive sent barclays one more copy of SOC and the court 2 coppies with the Attachement to POC request.
  16. Its certainly a warranty Issue, and you have proof the pre sale checks were not done. I would suggest you go back to the main dealer in person and ask for the nessesary parts to be replaced, which I would insist atleast include 3 wheels and tyres, 4 shock absorber assemblies, a full set of suspension bushes, check and re-align track rod, wheel balancing and camber. refund for the replacement wheel you had to buy, and a full check over for other faults they may have missed. take copies of your letter, invoices for repairs, and check sheet as back up. stay calm and clearly explain the situation and im sure they will accomodate you, as its a pretty serious problem. They will probably be a bit surprised, but it is worth getting a real reponce before you have to resort to any kind of action. If that fails I would take things further.
  17. Just looked on ebay and they range from £40-£70 so although not the cheapest it sounds about right, the labour is a bit much though but i dont know peugeots, it may be a bugger to fit. Even so, its still sounds a bit much. I would give that garage a miss in future.
  18. I think youll just have to pay it, 2 hours isn't unreasonable unfortunatly and they did carry out the job as per your instructions. A word of advice if i may, second hand parts are ok if you can see the status of them, but things like sensors are notorious at the best of times, so avoid used items unless they are VERY cheap. even new ones can be faulty, but if bought new at least you can exchange the part.
  19. Hi, Thanks, In answer, no, im not even sure they realise ive not paid yet, as I paid for the 12 month tennancy upfront in full, and left at the end of the thirteenth month. They did call the other day to ask about weather the bills and council tax were up to date and settled, which they are, there was no mention of rent and said they will be sending somone to the property for an inspection....she didnt seem to know when I had moved out as thier internal communications appear to be non-existant. Cheers
  20. Hi all, I moved out some months ago with proper notice, but i had no responce from the letting agency despite leaving several messages. My question is, I anticipated the agents being awkward about returning the bond (which is the same ammount as 1 month rent) due to thier lack of responce to my notice and various phone calls, so I simply didnt pay the final month and wont be asking for the bond back. Its not Ideal so im just wondering where I stand legally on this, also the house wasnt in the best state of repair when I moved in, however there was no inventory, or at least not one i signed for, so would I be able to contest any comeback from the agents if they say that some of the dis-repair is down to me? Its just ive got a nasty feeling they will try it on! Thanks for any replies
  21. MCOL statement (was edited slightly for my circumstance & spaces to make it fit) The Claimant held an account ************** with the Defendant, since before January 2000, 1. since *****/2001 the Defendant: (a) Debited charges and interest in respect of purported breaches of contract. (b) Applied additional service fees to the claimants account without consent. ©Debited unexplained "interest" charges for large amounts. 2. Defendant is aware of all details as a list of charges has already been supplied. Two copies have been sent. 3. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common Law. © Other fees detailed in the list of charges are unexplained and unauthorized. 4. Claimant claims: (a) Return of the amounts debited of £****; (b) Interest per S.69 County Courts Act 1984 of 8%- £*****, continuing at 8% until judgment or settlement at a daily rate of £****; © Costs allowed by the Court.
  22. hello again all, long time no see lol quick update, barclays have made me an offer of about 50% of claim. deadline has passed so ive rejected te offer and filed a MCOL. heres a copy of the rejection letter: Barclays Bank PLC, Dear Sir or Madam, Re. Account number: ********************** I refer to your recent letter ******, and acknowledge your offer of £****** to settle my complaint. However, you have failed to provide a satisfactory response in the ample time I have provided for you to settle this matter. I find your lack of interest in my complaint as a customer to be impertinent and your late offer of less than half the claimed amount without any explanation or admission of liability to be grossly inappropriate. Therefore you have left me with no option other than to reject your offer and pursue this matter through the courts. You will hear from the courts in due course, however if at any point you would like to settle this matter for the full amount which at the time of writing stands at £******, I will be more than happy to halt proceedings to save the court from wasting its time. Yours sincerely,
  23. Thanks oneofakind, I thought as much, best keep it straight down the line from here, eh!
  24. Hi all, Well today I got a standard "we are looking into it, well let you know in 8 weeks" letter lol, all very predictable so far, Ive already prepared an LBA letter, which would be sent on the 14 may, allowing them a further 14 days...(file claim at the end of the month). however, seeing as they have responded do i now bring that forward and send it tomorrow, allowing them until the 23rd may to make me an offer, or waith for the origeonal 14 day deadline to expire? this is exiting, ive just worked out ive made almost £10 in interest since the first letter!!
  25. Thanks for the reply Micky, The reason Ive asked for the 8% now is because I have every intention of claiming the full amount back, so Im just being upfront to avoid them making me an offer that will be refused. I understand that the procedure is to wait until a court claim is made before claiming the 8% but dont see why, it dosent seem to explain it anywhere.....and banks have no problem demanding interest on debt....its a two way street, right? With the additions fees, they are legitimate if they are agreed and signed for, however in mine and others cases the fee was put on the account automaticly and was left for the account holder to cancel if they didnt want it, which is pretty much theft in my eyes... shocking cheers again
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