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NaciravBanks

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  1. We have disputed this point via txt msg for over a year,iam sure i backed up the chats so will have a look. I didnt see it as an Intrest free load, rather to build a months rent in advanced for some sense of security, for a month.
  2. And here I was thinkning a SAR could be fruitful...Thanks for the info.... While I am here, can I please get your thoughts on whether or not should be concerned about the fact that on the land registry, the LL is registered as living here, having taken mortgage 5yrs ago (presumably not a buy to let). There have been shoddy dealings in the past with him asking us not to be present when house insurance surveyor visited, his vehicles insurance is also registred here etc... Thanks
  3. Because the original rent amount signed for by all parties was for £1300. I have been paying £1350 to build up a credit. LL now says that the original rent amount was £1350! which is not the case as will be seen on original tenancy agreement. If i can ever get holdof it.... You say the data will have been destroyed? Is there no requirment tohold info for a set period of time?
  4. Hi all, I hope your well. Just a quick question please. I am a tenant in North London and the Landlord stopped using the estate agent in 2015, two years after we moved in. I now require a copy of the original tenancy agreement but the estste agent say as they are no longer managing the property, the records are no longer in the office and I would need approach the LL. The LL also says no. I thought the estate agents are required by law to store securly personal information belonging to a customer for a certain period of time, or is that not the case? Any help will most appreciated , Thank you
  5. Thanks, So just to be absolutely clear. Step1 is to send the (completed) attached form either to County Court Money Claims Centre PO BOX 527 SALFORD M5 0BY DX: 702634 SALFORD 5 (Shall i add this line to any letters i send?) Or email: ccmcce-filing@hmcts.gsi.gov.uk Thanks again
  6. Thanks for the replies, I honesty do not know why i did not merge the two threads... It has been a Hectic 6 months to say the least and i genuinely did not link the two. I also do not recall what day of the week it was when i parked there for an appointment, but looking at their paperwork, they say i 'breached contract' on the 13th November 2013 which was a Wednesday (looking at my diary, i had an appointment that day so would say that is the correct date)... Thank you guys for your help but i really am lost as to what to do next, aswell as the documents in the PDF above, the envelope also contained a bunch of forms: Acknowledgment of service Admission (specified amount) Defence and Counterclaim Please bear with me, i understand i have to fill in the 'Acknowledgment of service' by entering my Full name, address, ticking the box that says 'I intend to defend all of this claim', DOB and send it to: County Court Money Claims Centre PO BOX 527 SALFORD M5 0BY DX: 702634 SALFORD 5 (Shall i add this line to any letters i send?) Or to ccmcce-filing@hmcts.gsi.gov.uk Finally, Do i need to fill in the 'Defence and Counterclaim' document at the same time as the Acknowledgment of service? Thank you
  7. I received some court papers today and it appears i am a defendant for the first (hopefully last) time in my life! I went to the hospital late last year and recall parking in a 'office carpark' a few roads away. http://tinypic.com/r/2d1ut55/8 Contrary to there claims, I do not recall seeing any signs 'prominently displayed' .. . and now they want £130 i do not have.. . I always believed that a privately run car-park can not issue fines like local authority's do yet this lot are taking me to court over one. If anyone can give me any pointer i would really appreciate it, thank you
  8. TY. So it would be advisable to send them a letter basically saying... Dear Sir/Madam ref:..... I was surprised to receive a letter from yourselves today alleging that my Vauxhall...... reg........ was 'observed in breach' of any contract. I therefore require strict proof of said allegation. Also I require a plan of the land owned by the trust as I am sure i did not park on their land. Regards ...... .............. I know i know, my letter writing skills are slacking... So i would be very grateful if someone can brushup a lil Thanks
  9. Hello dear Forum! Can somone please take a look at this letter i received today requesting £40. This is the first i have heard of this firm and have a recollection of using a car park (NOT on The Hospital Grounds) for 5 minutes last month and left. No ticket on the car, nothing. Now this.... Do i need to pay or shall i just ignore... Thank you
  10. Thank you all for your replies. I will be back home (Not property in question) at 5ish and will scan over the documents minus personal details + photos for you to see this evening all being well. Thanks. Yes I paid a £300 reference fee & I was asked by the estate agency to supplement the Councils £1300 deposit (the word 'bond' was thrown around) with £50. I have personally paid £350 so far.
  11. I'm an emotional wreck here, please please please someone tell me how to cancel agreement signed yesterday....
  12. Can someone please advise me. Myself and my family (wife, 3 kids) are having problems at home and were accepted on the local authorities home finder program for private rent. I received a call from the estate agent on Monday morning informing me that there is a house i can see so made an appointment for 5pm. I went over to the street during my lunch break at 12pm and by coincidence i see the the estate agent showing the property to someone else. Once she had finished we had a short conversation and she offered to show me around. The 'viewing' lasted no more than 5 minutes and not all the keys were available so we could not even cover all areas. I felt under huge pressure to agree and accept immediately as "the previous viewer is going to take it", coupled with the fact that life were i'm living now is rather depressing and my wife is not happy at all, i agreed. I feel so stupid. I went to the estate agent yesterday again during my lunch break and signed many documents got the key and returned to work. When i finished work i went to the house and was horrified that i have been so stupid in signing a tenancy agreement for a property that is not fit to live in. here is what i found: a) Back door can not lock shut, always open b) Bedroom window permanently open due to missing handle c) Wires hanging from ceiling, no light, where there are lights the fitting has come away from the ceiling d) blocked plug sockets e) Unsafe garden, many many loose slabs on the garden floor, falling fence into neighbor f) filthy, rusty built in cooker that I was informed can be removed on Monday and replaced with my stand alone, now we can not. g) missing door handles on both sides of bedroom door h) cracked bath i) broken kitchen cupboard's I feel so stupid, and my wife is in tears as we really do NOT want to live in that area/house now even if they say they will repair everything. We are still at the same address and have not moved in. am in my rights to hand deliver the Key back to estate agent today (during my lunch break)? Is there a 14 day cooling off period for tenancy agreements like there is for other contracts? Thank you in advance for any light you can shed on this for me
  13. A friend of mine (X) is being taken to court by his employer (L) for costs resulting from a withdrawn Tribunal Claim. The claim for costs is for over £5000 of which 'X' can not afford a penny owing to a mortgage and juggling a busy family life etc. This all started in December 2011 when X was docked 9 hours from his annual leave for having Christmas day off. NEVER in the past 10 yrs+ has this been the case. You normally have Christmas day off, no deductions from annual leave whatsoever. X Approached the union and was advised that the company had acted unlawfully as they had breached an implied term of the contract as hours were never docked for Christmas day so why the change now? X tells me that he continued to have meetings with both union reps and management regarding this and it concluded in the Union recommending ET. X believed a ET was some kind of procedural remedy and was not told of the attached risks. A month or two later the union rep approached x and told him that the case will not be continued because representation could not be secured. Now X has received 2 letters, 1 from Brabners Chaffe Street Solicitors and the other from ET setting a costs hearing date for late November. The Application For Costs reads: What are his options please? Thanks ------------------------------------------------------------------------------------------------------------------------- 1. We are instructed by the respondent, (L), in this matter. 2. We refer to the tribunals notice of withdrawal of claim dated 6th July 2012, which states that the claimant has withdrawn his claim. 3. Please accept this letter as the respondents application for legal costs incurred in defending this matter, to be paid by the claimant pursuant to rule 40 of schedule 1 of the employment Tribunals (Constitution and rules of procedure) regulations 2004. 4. This application for costs is made on the following grounds:- a. The Claimant has conducted proceedings vexatiously, abusively, disruptively or otherwise unreasonably, and/or b. The bringing or conducting of the proceedings by the claimant was misconceived. c. The respondent submits as follows:- i. The Claimants ET1 form was lodged on the 13th April 2012 ii. The claimant is a member of unison. The claimants representative is Mr Smith. Mr Smith wrote to the respondant on 3rd May 2012 in respect of the Claimants grievance appeal decision. iii. The Respondent's ET3 form was lodged on 14th May 20012. iv. On the 1st June 2012 the tribunal issued a notice of hearing, listing the matter for hearing on 18th September 2012. v. On the 25th June 2012 the Respondent made an application that this matter be listed for a telephone case management discussion, on the basis that (and as per paragraphs 31 - 33 of the respondent's grounds of resistance) that the respondent did not understand the claimants pleaded case. vi. On the 1st July 2012 the claimant wrote to the Tribunal withdrawing his claims. The reason for the withdrawal being that he had not yet had the benefit of legal advice nor had he been successful in gaining representation for the hearing. 5. The respondent submits that the claimant has acted vexatiously, abusively, disruptively or otherwise unreasonably by issuing a legal claim in the Employment Tribunal, then failing subsequently to prosecute that claim. 6. It is submitted that the claimants claim appears to have been issued vexatiously to cause disruption to the respondent's business. 7. It is submitted that the claimants case was misconceived. In his letter notifying the tribunal of his withdrawal of his claims, the claimant stated that the reasons for such withdrawal were that he had not yet had the benefit of legal advice nor had he been successful in gaining representation for the hearing listed for 18 Sep 2012. 8. The respondent has of course had to deal with the claim appropriately. This has resulted in significant amount of time and effort being spent on this matter, by both senior managers of the respondent, and by its legal representatives. The respondent has today incurred legal costs totaling £5,408.40 (£4,507+VAT) in defending this matter. The respondent representatives current hourly rates are as follows: a. Parner:£310 per hour + VAT b. associate: £195 per hour + VAT c. assistant: £175 per hour + VAT 9. The respondent requests that the Tribunal makes an order that these costs pluss any costs of prosecuting this application be born by the claimant. 10. The respondent submits that the tribunal has discretion to make an order for the above costs without reference to a detailed assessment in the Count Court pursuant to Rule 41 (1) (a). 11. The respondent is willing to attend a hearing to determine whether these costs be born by the claimant if the tribunal considers such a hearing is required. 12. We would respectfully ask that any hearing was listed for a time which would allow the respondents representatives (who are based in Liverpool) to travel to Watford in good time. We would respectfully request that the tribunal lists any hearing for 14:00 if at all possible. 13. Whilst we have provided a copy of this application to the claimant (together with the reasons as to why our application is sought, and have advised the claimant that any objection to this application must be sent to the tribunal office and us within 7 days of receipt of this application), we would be greatfull to the secretary to also inform the claimant of the matters listed in rule 11(4)(a) to © in accordance with rule 11 (5).
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