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andy2708

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Everything posted by andy2708

  1. Hi, the last section of your reply didn’t coming through. Can you repost.
  2. Okay, I understand. We got off on the wrong footing due to somebody elses opinions. I look forward to hearing your course of action. Is there a way of attaching pictures to this forum.
  3. I came on this forum to resolve a problem not start an argument. I’m not after respect, sympathy or sueing anybody just a resolve to the situation. I was purely stating what is written legaly about Negligence as a last resort. I’m just after guidance and a route to follow. It doesn’t matter if you haven’t seen the bathroom or not, just clear simple advice, nothing else.
  4. I appreciate your comments, callumsgran but Mr Shed should maybe appreciate arguing over what is mould or damp is not helping with my problem. To update futher there is mould on the ceiling and the walls are definitely damp as we have tried to fix things to the wall and when we drill into the bricks they just crumble! I’m not looking to sue the landlord for my accident I just want the problems resolved, this query is not about vengeance just resolution.
  5. Hi, I need some urgent advice regarding some repairs that are needed to the property we rent through a letting agent. The house we rent was initially converted from a shop to two houses. We rent one of the houses through a letting agent (Regal Estates). The bathroom in this property was originally a store room of some sort and then converted to its new use as a bathroom. The room is about 12' x 12', quite large for a bathroom and the only ventilation is from a small extractor fan (about 100mm in diameter) and a small window with a letterbox style top opener. Everytime we have a shower the room fills with steam and condensates badly. The walls/lino floor become quite wet and take some time to dry. The ceiling has damp patches from this problem and the outer walls feel constantly damp. We highlighted this problem to the letting agent within the first couple of months of our tenancy. They promised to contact the landlord (who lives abroad in Spain). To date nothing has been done to sort the problem, even with constant reminders to the letting agent to get the problem resolved. On Monday of this week (22nd September) I slipped over in the bathroom on the damp lino floor and fractured my ankle and am now off work for some time. I contacted the letting agent to notify them of this and to see if we could come to an agreement on getting a resolve to the condensation problem. Again I was told that they would contact the landlord to notify them of the problem and see what action they would like to take. I know from past contact with them that the landlord will probably not do anything about this. I know feel that with the injury incurred enough is enough. Can anybody advise where I stand legally. I have read through the tenancy agreement and the Landlords' responsibilities under the Defective Premises Act 1972 which states under the Negligence and Nuisance section: A landlord can be taken to court for negligence or nuisance. Negligence arises if someone has been injured or property has been damaged because the landlord has breached a duty of care. A duty of care is likely to be breached if the landlord has acted unreasonably or has not acted where s/he should have, and the problem was 'reasonably foreseeable'. As the letting agent was notified of this problem over two years ago surely this can be classed as ‘reasonably foreseeable’. We have been renting this property since November 2005 and the contract is up for renewal in March 2009. Any advice or guides this legal issue would be greatly appreciated.
  6. Okay, thanks for that. Does anybody else have any ideas on where I stand legally. What if they turn up on my doorstep to collect the car?
  7. Hi, in urgent need of some sound advice regarding HP Agreements. I had an HP agreement with Welcome for Car Finance. In February this year I refinanced with Welcome, silly thing to do but was only option. When I refinanced I dealt with the collections department at my local branch. I was told I would have to make a token payment on the account prior to new paper work being drawn up for the new agreement. I paid £165 (which was going to be the new monthly payment), this was collected by one of their employess from my house, paid with cash and I received a written receipt. I gave the chap new contact details for myself and said that I would like to set up a Direct Debit agreement for future payments, I was told no problem and they would be in contact for me to sign the new paperwork. I never heard anymore from them. I wrote several times asking for the new agreement and had no reply. Obviously with no new agreement signed I was not going to pay a penny until such time. Last week I received a default notice for the old agreement saying I owed over £4000 in arrears. I wrote back explaining the above, no reply until yesterday when I received a termination letter for the account and they are now threatening to repossess the car. How can they repossess the car when a new agreement hadn’t been signed and they are acting on the old agreement? They will need to get a court order to repossess, but there is no way I am handing the car back. Anybody able to help on this one. Not sure whether I should contact Trading Standards or the FSA?
  8. I purchased a car from Welcome Finance in January 2004 with monthly repayments of £287.00. Back in January I decided to VT the car, there were ongoing disputes between Welcome and myself over this option. I went to Trading Standards to seek their help and they advised me that I would have to pay back all the outstanding amount left on the agreement, which is about £6000. The account was then passed over to their Collections Department. I was contacted by them and they discussed the option of starting a new agreement at a lower monthly payment (which was what I was after in the first place). It may seem crazy refinancing but I need the car for my job, so this is my best option (I think). They asked me to pay one instalment at the new rate of £165, which I did at the end of February, I haven’t paid any instalments since. I was then told they would draw up new papers for the agreement, since then I have had no contact from the either by phone or post. What should I do? Technically the old agreement is defunct now and I haven’t signed a new one. Where do I stand legally?
  9. I’ve heard from other people in the same situation as me that Welcome cannot enforce the agreement as there physically isn’t one and Welcome have had to scrap the debt. Can anybody else comment on this?
  10. Hi, can anybody advise me on where to get a S.A.R. form from. Thanks.
  11. I purchased a car from Welcome Finance in January 2004 with monthly repayments of £287.00. Back in January I decided to VT the car, there were ongoing disputes between Welcome and myself over this option. I went to Trading Standards to seek their help and they advised me that I would have to pay back all the outstanding amount left on the agreement, which is about £6000. The account was then passed over to their Collections Department. I was contacted by them and they discussed the option of starting a new agreement at a lower monthly payment (which was what I was after in the first place). It may seem crazy refinancing but I need the car for my job, so this is my best option (I think). They asked me to pay one instalment at the new rate of £165, which I did at the end of February, I haven’t paid any instalments since. I was then told they would draw up new papers for the agreement, since then I have had no contact from the either by phone or post. What should I do? Technically the old agreement is defunct now and I haven’t signed a new one. Where do I stand legally?
  12. When can I get a S.A.R. from? is there a template which I can download or copy?
  13. Okay, thanks for that. What about the agent that is going to come calling on my door? Should I give him a copy of the letter?
  14. I have been hounded by a debt collection agency working on behalf of Scottish Power. It relates to an outstanding bill from a property I used to live in. When leaving the property all utility bills were paid and up-to-date. I have just started receiving letters saying I owe Scottish Power £450. I phoned them to say I have no knowledge of the debt, but they refuse to listen and get quite nasty, so I have given up phoning them. They have now sent a card today saying that a collection agent will be calling on Saturday to resolve the matter. I know legally they have no standing in sending round an agent and I am within my rights to call the police, but how do get rid of these idiots once and for all?
  15. Thanks for your post. Good to hear somebody has had a result.
  16. Hi, I am in exactly the same boat as yourself. Except that my account was passed over to their Collections Department who agreed a new repayment plan. But, they haven’t drawn up a new contract yet, and this was agreed back in February. Not sure where I stand, I could ask them for a copy of the signed agreement, which they will by law have to supply. But I know that will be impossible because I haven’t signed one. So I should be able to get them on some kind of technicality. Anyway, back to your question. The default will still stand as you haven’t paid off the balance.To voluntarily terminate you have had to have paid off the amount stated on your contract, under the termination section, have you done so? Your best bet would be to contact Consumer Direct or your local Trading standards office, they will be able to help you out.
  17. I purchased a car from Welcome Finance in January 2004 with monthly repayments of £287.00. Back in January I decided to VT the car, there were ongoing disputes between Welcome and myself over this option. I went to Trading Standards to seek their help and they advised me that I would have to pay back all the outstanding amount left on the agreement, which is about £6000. The account was then passed over to their Collections Department. I was contacted by them and they discussed the option of starting a new agreement at a lower monthly payment (which was what I was after in the first place). It may seem crazy refinancing but I need the car for my job, so this is my best option (I think). They asked me to pay one instalment at the new rate of £165, which I did at the end of February, I haven’t paid any instalments since. I was then told they would draw up new papers for the agreement, since then I have had no contact from the either by phone or post. What should I do? Technically the old agreement is defunct now and I haven’t signed a new one. Where do I stand legally?
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