Hi peeps have searched around and cant find a definitive answer to my question so hopeully someone can help. My g/f purchased a 3Ds late last year before talking to me, it is over 12 month and will have cost her just shy of £300 when paid for. I have said we should just pay the balance as she keeps forgetting to pay it so is constantly getting the £3.00 charge, must have had 10 by now . I am thinking if its paid early then there should be a rebate but from what i can see this is a bit hit and miss BUT what is the law regarding early repayment if you dont have the term for 12 months surely the portion of the interest for the next 6 months cant be charged?

hi sorry if this is in the wrong section but im wondering if someone can answer a question for me. ill try to keep it brief as the nitty gritty isnt important more the outcome? i had a car loan in 2003 defaulted in 2004 (april i think) 2008 i found out i had a charge on my property and a ccj. i succesfully had the charge removed (not stayed but removed) and the ccj set aside after the creditor failed to attend court for the second time. i asked the judge to strike out the claim but he said it wasnt in his powers to do so and he would set aside the ccj. now since 2008, besides a letter from the creditors in 2010 saying i hadnt complied with the court order to pay them :-/, really there was no court order infact the judge set it aside and said that the creditors had to make an application for its reinstatement. which they havent done and a quick call to the court confirms the only action regarding the case was the quashing and the set aside and nothing further. so as its now 8 years since the default is it staute barred or did the ccj restart the clock even though the ccj was set aside so technically no judge has agreed i owe this money??

ok sp TDS Dispute is open! the landlord wants to keep all of the deposit made up of £63 for cleaning, remember it was just three things that needed a wipe over :-/ the remainder for damage to the property consisting of the toilet roll holder and the balance for damage caused by the leak which he is claiming had been dripping onto the floor, has made its way across the floor and then penetrated the wall resulting in the damp and mould growth. have made some enquiries with damp surveyors and have been told that it is highly unlikely that this would occur in the time frame that we are talking about! Also phoned some landlord insurance providers who state if this had occured it would have been claimable on the insurance. If it was claimable does that preclude the landlord from making a deduction even if he didnt claim from the insurance? last point as he has now said that a leak he found in march, is responsible for damp i reported in october does that fact that he didnt do anything about my reporting the damp and consequently could have then lead to the discovery of the leak put him on thin ice. after all if he had actually come round then he couldnt have charged me for the repair restoration any?

bump

ok i sent an email to them 7 days ago stating that i did not agree with their course of action and asking for the regturn of my deposit, if they did not do so or state in detail exactly why they were holding onto the entire deposit i would start action to recover the money. They have not been in touch so what do i say/do next?

thanks for your input NewSAHD! yeah will have to wait to see what they want to take first wont i?

hi m8 it was £625.

no they havent said yet how much they are looking at! spoke to them today and told them i was not happy about the situation but they were uninterested in what i had to say! :-/

as far as this leak goes is there something i could quote that says i can onlt be held responsible for reporting a repair if i am aware it needs doing?

thanks mate. i onl;y mentioned the tenancy because i wasnt sure how it works but you have cleared that up. will phone the tds and see whats what! thanks again

sorry to drag up a rather old thread but is anyone who was helping on this still around?

ok jusy a quick update if anyone is interested. I put my own response into the court with copies of capquest letter and said i was happy to have it set aside. Since then i have heard nothing from capquest. thank you again to everyone for the input. crazy

Hi peeps small problem, long explanation im afraid... I took up a 6 month tenancy on the 25th June 2009 and paid a deposit and month rent in advance. On the 24th january the agents rang me and said the landlord wished to sell the house and i was to be given 2 months notice. I 'moved out' on the 23 march and had the exit inspection following this i recieved a letter stating they were witholding the deposit due to 1 a small leak under the kitchen sink 2 washing powder left in the washing machine drawer 3 porch flooring dirty 4 damp marks on the lounge walls and kitchen walls 5 toilet roll holder damaged 6 oven and hob just need a wipe over as well as one kitchen unit. now i didnt know there was a leak under the kitchen sink, and as far as the damp patches on the wall are concerned i reported a problem with damp in the october, just 4 months after moving in, and infact there was at times not just damp marks but bloody mushrooms growing in the kitchen to the point i barely lived in the house for the last 2 months anyway, and my dog i moved out before xmas, as despite me reporting the problem 3 times and it being inspected twice they never came to sort it out. the toilet roll holder yup i damaged and replaced it with a different one. as for the cleaning issues yes i forgot to check the washing machine draw and didnt mop behind the porch door when i left. the oven i NEVER used and the hob was mr muscled so they are lying. the rest of the house was cleaner than when i moved in, i had the carpets cleaned, his curatins were taken down when i moved in and put back up on the 23/3. the garden i spent a couple of hundred quid getting nice while i was there. i queried the damp and the leak with the agents and they said not to worry about it it was put in the report simply because thats what they found on the inspection. Today i recieved a further letter from the agents saying they are witholding the deposit due to the leak causing damage to the kitchen cupboard and to the flooring and as I failed to report the leak then it is my responsibility! Ok i didnt know there was a leak, i never had to mop puddles up off the floor, never had to dry pans or anything that i took out of the unit below the sink so it was either a very very very small leak or it was pretty dam new. oh and its a tiled floor so how a small leak can damage a tiled floor ill never know!! the problem is i see where this is going they are going to try to suggest the water has found its way under the floor and up the walls of the kitchen and caused the damp which penetrates through the wall into the lounge. the deposit was registered with TDS (dispute services) but i dont have my tenant number as i never received the information regarding this from the agents. Incidently on the tenancy agreement where it says term it specifies 6 months and directly underneath says "the period mentioned here will form the basis of any subsequent periodic tanancy" the above leaves me with a couple of questions.. What can i do to get my deposit back? can i be held responsible for damage caused by the leak even though the leak hadnt come to my attention? They say i should have reported it but i cant report something i know nothing about!!! as i had not recieved the information regarding my deposit do i have a comeback on this? as i was in the 7th month of my tenancy did the landlord act correctly giving me notice or does the statement regarding the periodic tenancy mean i was in another 6 month AST? any help apprecited!! crazy

thanks all much appreciated. i know the decison to withdraw is mine alone. BUT what you guys do? i mean the thing is i hadnt put anything together for the court by the deadline anyway. crazy

ok peeps hopefully someone in the know is still watching this thread.. i finally have paper work from the court...it somehow has ended up in manchester!! anyway a week or so after getting court dates i recieved a letter from capquest saying they were willing to inform the court that they are happy to set aside the SD if i send them ( capquest) a letter stating that is what i want to happen. could someone have a look at the letter and the other papers they sent me and give me their opinion. i really think im going to need some help to get this sorted. any help appreciated guys... thanks!

thanks guys. well i never made written acknowledgement or made any payment after april 2003. so if it goes to court, and i have heard nothing back from the court since i put the paperwork into them. do i just say that as its statute barred and they cant take legal action to recover the money. and NO i havent received a default notice within the paperwork i have received. As a matter of interest if it wasnt statute barred would the credit agreement have stood up in court? thanks for all your quick responses guys/ladies (cos you never know) adi

thanks for everyones help. i have not received a response from capquest regarding my request. but have today received paper work in relation to the DPA request to halifax. it looks like the last time a made a payment on the balance was april 2003 and the last time that i used the card was the same month. Now that would make it statute barred i guess BUT on some paperwork in relation to i assume a solicitor it says that i phone in sept 2004 and said i could pay it off at x£ per month....Now i know i never made this call i have a feeling it was my x-wife who would have got someone to ring saying they were me. they also sent me what i assume is the credit aggrement altough it consists of only 2 pages. would someone in the know mind having a look and telleing me if its ok or i can use it as a defence? now im no expert but from what i have been able to pick up from this site they paperwork doesnt seem quite right? or am i just hoping! ;-) thanks adi

ok i better get on with this! thanks to you too 42man! you have both been priceless!!

already have the relevant local court i just hope its still open by the time my sponge brain gets this sorted!! lol thanks shadow!!

cheers 42man. urghhhhh it looks like a mine field!! am i supposed to fit everything you put in your post onto the set aside forms?

no i havent asked them to prove the debt prior to the SD as the SD was the first communication i have had in relation to it!!!! cca them on the 4th of august. no havent tried to contact person named on the form i have simply sent them the CCA request.

i was just going to write that i disputed the amount, i had never recieved notice of default or information regarding the transfer of debt and that i also believe that the account is SB. bit after readin that threat it seems like that will be to lay man in term and not sufficient for a succesful application!

cheers shadow and what is my case looking at that thread it says just saying that you disagree could get it refused before hearing anyway. i dont remember the amount outstanding on this card nor do i remeber how long it has been since i made a payment to it. so it could be SB, it could be way more than it should be for due to lots of charges and also for all i know the agreement doesnt comply with set procedure! what do i put for the grounds to set aside! all that doesnt sound very professional!! lol

just about to go off to the court to put in the paper work for the set aside of the SD, but thought i would look on here first just to see i have done everything right and i found this...http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html so now i dont know what to do, i can not proof excesse charges or interest etc so do i put in a set aside or do i just leave it? and if i do it what exactly am i using as the grounds to set aside? please help..... today is the 18th day!

thanks everyone for your help! have sent the CCA request im just hoping that by doing so i havent restarted the statue barred clock if it was just a few months away from being out of date. Now i need to deal with the SD can anyone help me with this please as im not quite sure want i should be putting as a reason for the set aside? thanks again all adi