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rl123

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  1. Thank you for your response, I would be keen to see the bills that have been issued to me and obviously when they were issued, as I say I can not remember seeing a bill prior. is a DSAR a way of getting bill breakdown of how they have come to that amount i apparently owe?
  2. I cant seem to find any previous statements from them? and I don't believe I do owe that amount from a years worth of water surely ?? Thanks in advance
  3. Hi All I received a letter today from South East Water stating at the top LEGAL PROCEEDINGS. Stating that I over £1600 is now due for payment? I have no idea what period this is for as it does not have any dates on the letter? I live in a 3 bedroom house and the water bill is on a meter. Is there a standard letter I can send to request a full breakdown of this bill i am supposed to now owe. Any templates would be really helpful Many thanks in advance
  4. rl123

    Licence Revoked

    Hi All I wonder if you anyone would be kind enough to give me some advice on my following situation? I recently moved property and my sister moved into my previous address, I have just found out today that she has been hiding post from me! I had a speeding ticket come trough at my previous address which I did not know about, this has now gone to court and I have ended up with a £300 fine. I have dealt with this side of things. As a result of me not dealing with it another letter which I have now found has come through to me saying as I did not return my licence back to the DVLA to have my points added, my licence has now been revoked. It states I need to apply for a replacment. Does anyone know if there is anything I can do? Thanks so much in advance
  5. Thank you very much, but can the Landlord request that I have to pay for it to be removed or he will take it from my deposit?
  6. Hi good morning I am a tenant about to leave my property, throughout the tenancy I lost my job and found it hard to keep up with my gas/electric bills as a result a prepayment meter was installed. It is my understanding that the meters are property of the utility companies and a LL has to allow them to be fitted or changed as there is a duty to supply gas or electric to the tenant. So it would not constitute a alteration to the property. If I advise my supplier that I am moving and the dept is paid off can my landlord use the deposit to pay to have a pre-payment meter removed? Would really appreciate your advice
  7. thank you all very much really appriciate the advice. i had a better nights sleep last night. Thanks again
  8. thank you very much i will get the form sent now, in your knowledge, if i can only afford £50 would this be acceptable to the courts ? as the debt is just under £4000. however with my other priorty debts this is all i can afford. many thanks once again
  9. Hi Looking for some help please? my wife has just recieved a warrent of execution from the courts regarding an outstanding rent arrears, orginally I was taken to court and order to pay £50 per week which I was paying for the 1st two months, however it was an unrealistic payment I was making each month and put me in real trouble with other bills i missed. Now the claiment is pursing my wife for the arrears, who is about to have a baby actually due today? she does not work and is a stay at home mum. She also suffers from OCD and this is causing her real worry. the courts have asked for full payment of £3800 by the 19th May or they will send the ballifs around, obviously with a new baby just about to be born this is the last thing she needs. Me and my wife are on our own and do not have help from any family or friends. I work 6 days a week to try and support my wife and children however i am really struggling at present to try and keep onto of all my finances. I have no way of paying this amount before the 19th and realisticly could only afford a maximum of £50 per month. Can anyone advise what i can do to try and get this offer accepted by the courts ? Thank you all in advance.
  10. I am writting cause i need some help urgently please. I was in rent arerars and have been taken to court for the arrears which i am now paying, however my deposit was never deducted from the arrears i owed, so in affect never returned to me. no inventory was ever signed ever and i have now had a letter from my landlord which is full of lies ! stating the property was left in an terrible stat and demanding i pay £2000 on top of my deposit which he will be keeping to re-do the house ! My wife suffers from OCD and cleans reliousgly so this is something that just isn't true ! The only thing we did was leave a sofa in the lounge which we couldn't at the time remove, however the letter also stats that my LL has removed my items without given me any written notice of this action being taken, any estimates for work thet needed to be carried out at all has just doen the work and is now trying to get me to pay for it ! can i sue him ! as i am furious ! any help please guys x
  11. Thank you Steve M, there is not witness signature on the guarantor agreement just his own ? Also they are now trying to get more money for property damage which never occurred and have not returned any of the deposit. No inventory was ever signed so can they legally just take the money. i have just read this can anyone confirm is this correct. 3 The tenancy agreement and its obligations - the guarantor must be given ample opportunity to read and question the tenancy agreement on any points he / she does not understand BEFORE the agreement is signed and witnessed. Guarantors MUST have seen and approved the tenancy agreement they are guaranteeing prior to the signing and they must also sign a Deed of Guarantee. This signing should be witnessed. on the guarantor paper there is only his signature as it was never witnessed just sent out to him and posted back.
  12. Hi i needs some help if at all possible ? a friends dad has been served a court summons for rent arrears as he was the guarantor on the agreement. However he was not ever made awear of the situation until the letter arrived last week. as the arrears started to occur in DEC 2007 and no section 17 was ever issued to the tenant or guarantor does the guarantor still have to take responsibility. The tenant wants to take full responsibility for the debt ? Any advise would help. i have found this but am not sure if it applies or really understand it ? 2. Waiver of Forfeiture Secondly, as a practical point, ensure that your accounts department or managing agents are alert to the fact that, by accepting part payment of invoices or selective payments of small invoices, they could be inadvertently waiving your right of forfeiture. Make sure that there are steps in place to account for this. 3. Section 17 Notices With landlords, the key point in any arrears situation is not to ignore them. This may sound obvious, but letting a tenant promise you that “the cheque’s in the post” can let matters drift significantly and may jeopardise your ability to fully take advantage of your remedies when serving section 17 notices. Section 17 notices need to be served on old guarantors. That is, any guarantor to an authorised guarantee agreement as soon as the tenant is in default and within six months of the payment becoming due. If you have a choice of guarantors, carefully consider which one would be the better one to pursue as, once this guarantor is pursued, an overriding lease will be in place and you will be stuck with the guarantor as your direct tenant. any help would be really helpfull x
  13. Thank you, whilst browsing on the web i found this, does this apply? Chapter V. Liability And Rights Of The Guarantor. Section 44. Contract Of Guaranty The distinctions between the contract of the surety and the guarantor have already been observed in section four of this text, and it will be remembered that the guarantor's contract is both a collateral one, and also a secondary one to the principal's contract, the guarantor's promise usually amounting to this, that he will answer for the principal's default, provided the principal does not respond, and the creditor observe the rule of due diligence, the use of which the creditor is bound to undertake in accordance with the terms of the contract. In addition to this, it may be said the guarantor's contract being a secondary one, it requires a special consideration to support it; the principal's contract is not the guarantor's. The guarantor must therefore have notice of the principal's default, and good faith requires that the creditor who fails to give such notice is acting at his peril. The guarantor can claim a discharge to the extent of the injury he suffers, by reason of failure to receive notice, where the lack of notice of default on the part of the creditor materially affects him in his rights under the contract. also read something about a section 17 notice ? i have read somewhere that the landord must serve a section 17 withing 6 mths of the first arrears becoming due, my friend or his son were never served any legal notice does this make any difference.
  14. Thank you, whilst browsing on the web i found this, does this apply? Chapter V. Liability And Rights Of The Guarantor. Section 44. Contract Of Guaranty The distinctions between the contract of the surety and the guarantor have already been observed in section four of this text, and it will be remembered that the guarantor's contract is both a collateral one, and also a secondary one to the principal's contract, the guarantor's promise usually amounting to this, that he will answer for the principal's default, provided the principal does not respond, and the creditor observe the rule of due diligence, the use of which the creditor is bound to undertake in accordance with the terms of the contract. In addition to this, it may be said the guarantor's contract being a secondary one, it requires a special consideration to support it; the principal's contract is not the guarantor's. The guarantor must therefore have notice of the principal's default, and good faith requires that the creditor who fails to give such notice is acting at his peril. The guarantor can claim a discharge to the extent of the injury he suffers, by reason of failure to receive notice, where the lack of notice of default on the part of the creditor materially affects him in his rights under the contract. also read something about a section 17 notice ? i have read somewhere that the landord must serve a section 17 withing 6 mths of the first arrears becoming due, my friend or his son were never served any legal notice does this make any difference.
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