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Everything posted by waterbottle

  1. Well done Pickle. The only defense against the '3x deposit award' that I have heard seems to be based on 'natural justice'. I am now vaguely familiar with this concept but it would help if we could get someone with a solid understanding to set out how this argument would work. Also, where do you live Pickle? There is a buddy system on this website. In view of this being a 'test case', perhaps someone with a bit of experience could go along with you; maybe even speak for you if you're worried. Good luck
  2. The problem seems to be that the agent is Foxtons. This may be meaningless if you are outside London but if you ever use them they are the great satan. I have had a number of dealings with bad companies but Foxtons are truly the most awful company I have ever encountered. Google 'Foxtons' and you will see what I mean. It seems excessive as they already take a massive cut from the LL for doing nothing. And, if we leave early for any reason we must pay Foxtons their commission for months missed.
  3. What a masive thread. I just read it all in 1 sitting. However, there didn't seem to be a definitive answer on getting statements over 6 years old. What about that records department that refused to release records to anyone? Oh, and well done Pen!
  4. just subscribing. Any new work on this area anyone?
  5. Should they not have sent a certificate of destruction or something? How are people doing who have claimed over 6 years? This means there is no way for new claimants to go over 6 years! Unless someone can enlighten me.
  6. Found part of the answer. N9 form. Lots of great forms at: www.justice.gov.uk/civil/procrules/menus/forms.htm
  7. Found part of the answer. N9 form. Lots of great forms at: http://www.justice.gov.uk/civil/procrules/menus/forms.htm
  8. bump re the above post. It may be very important. Also, good luck tommorrow 'abitofapickle'. Let us know what happened ASAP!
  9. This deserves a bump I think. It might be worth getting LL's side in writing if possible. Abitofapickle has a TDS court date for the 25th so that may shed some light on things! If he returns the deposit he may say 'it was all a mistake and you sent it in error etc.' Try and communicate by email or letter. Don't underestimate the lies that people will tell in court!
  10. Maybe he is indirectly stating that because of your conduct the deposit was all used up! Don't be surprised at how low some of these people will go. They will say anything! My last agent has submitted a number of fake reports as evidence. Unbelieveable
  11. A problem with the inventory is that it was prepared by a professional inventory company. However, the agents state that they are liable for the cost of the inventory at the beginning of the tenancy and the tenants pay at the end. Our agents seem to be amoral psychopaths. I believe that they pay a reduced amount for the initial inventory and we pay a higher amount for the closing inventory. Otherwise, why should it be conducted this way? There may be a lack of neutrality when these two companies have a mutual interest. In short the inventory company won't rock the boat because the agent will then go elsewhere. Does my point have any legal merit in this case? Everything about the agents seems v. dodgy but they are a big company in London.
  12. Dear all, I did my bit and bought small claims proceedure from the CAG. I still have an unanswered question though. My housemate and I were sent a claim from the court for rent unpaid and eviction. (section 8) We wish to both defend and make a counterclaim. The court papers were issued on the 7th March (a Friday) which I think means that they arem considered as served on the 11th (the 8th and 9th were a weekend). This means that if we are allowed 2 weeks, I have to acknowledge the claim by the 25th. Tommorrow... I am a bit scared. Assuming the court is open tommorrow, can I just walk down there and deliver a letter to state that myself and my housemate acknowledge the claim? Do I need a form? Does it cost anything? If the court is not open tommorrow can I go on Wednesday and acknowledge 1 day late? How strict is the court? Hypothetically, what would happen if we had failed to acknowledge in time but then wished to defend later? Thanks in advance! Once this is sorted I will get my arse in gear and get a solicitor!
  13. I think that approach is spreading as a business model. Most people will participate in bad practice if they think: i) they only play a small part ii) they are acting on a higher authority Therefore appaling treatment can be dished out to individuals if the guilt is spread over many people. People assuage their consciences by saying 'I was only doing my job.' The guards at Auschwitz said a similar thing.
  14. This is enlightening. A poster mentioned the concept of 'natural justice' trumping the wording of the act as regards claiming 3x compensation. Can someone explain the argument in a bit more detail so we will know what to expect?
  15. I've just realised I may have confused things by inexact wording. I apologise in advance if this is the case. Whilst I understand that the original poster was talking about a maintenance company I was talking about the letting agents for an AStenancy and I was applying the principle of penalty charges being unfair. The wording is in Foxtons Terms and Conditions which we were forced to sign in addition to the contract. It says 'An administration fee of £40 + VAT will be charged for each letter sent by Foxtons regarding late or non payment of rent or administration charges' In addition the contract says we must pay interest at 4% over base rate on any balance owed.
  16. how can i calculate depreciation accurately as I know currys will underestimate. Also a premium computer some time ago would now be low spec but may still have premium features e.g. housing etc.
  17. In the past few months I have experienced: lost/delayed messages (1471) hours wasted with incompetent staff line restricted when we stopped payment in protest while refusing to act all incoming calls were forwarded to department in an attempt to collect payment frequest disruption of services line dead on frequent occasions. even 999 didn't work! total failure to supply broadband other stuff
  18. Thanks Zamzara. CAB are useless. Here is much better. What I need to know is if they are correct in stopping my HB when my JSA was stopped.
  19. Good Luck Rich. If you have the skill and the energy, do it! We have a duty to make incompetence expensive for these people.
  20. I sympathise with the volunteer aspect but I have found the CAB worse than useless. Years ago I looked into going bankrupt and went to the CAB. A woman basically read from a factsheet for me. She knew nothing. Recently I have been struggling with a nightmare of maladministration and corporate dishonesty which I couldn't deal with. I was in need of medical help but nothing was being done. I spent 45 minutes writing out a list of my problems for them, making sure that it was legible because I'm left handed and a bit flighty with a pen. They gave me a timescale for being contacted which turned out to be utter rubbish. After me going in a number of times I was eventually telephoned by a grumpy woman who claimed that she couldn't read my writing to get out of doing anything for me. I was utterly desperate and my letter explained why and it was definitely legible but she just didn't want to know. CAG seem much better.
  21. Thank you for that input. Glad to have someone more knowledgable helping out. In my lease it says that the agent can charge me £47 for each letter sent regarding rent arrears or other matters (I forget what exactly) I was under the impression that these are unlawful. Am I mistaken? What is the position with people - there are some on this site - who are getting letters weekly from their agent at £47 each?
  22. Is there a link to a post not a thread that will explain exactly what has happened re: the OFT test case in concise detail. My computer is slow and some of the threads can be a bit long and rambling. It's hard to find out what has happened. Good luck with your claim Nigel.
  23. Thanks for that. I'm looking for details of backdating and what is acceptable conduct.
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