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Posts posted by Paul84

  1. Hi,


    I am having some problems with my landlord and I just wondered if anyone here can offer me some advice.


    I moved into a rented property 4 weeks ago. After I signed the tenancy agreement, the landlord handed me a bunch of papers which contained the gas safety certificate. The certificate that the landlord presented was out of date and so she said she would arrange for a safety check to be carried out once we had moved in and settled.


    An engineer did come out and carry out the check and I thought that would be the end of the matter. However, 2 weeks later the landlord sent me an invoice for the check with a demand to pay within 7 days.


    As far as I was aware it is the landlords responsibility to provide a gas safety certificate and it is their responsibility to pay for it. I telephoned the landlord and was told that it is in my tenancy agreement that I am responsible for paying for the annual gas safety check.


    I have fully read my tenancy agreement a couple of times and I can't find any mention of me being responsible for this.


    The landlord has said if I don't pay the invoice within 7 days then they will take further action.


    Can anybody shed some light on this? I have Googled and all I can find is that the landlord is responsible for the certificate but I can't find anything suggesting they can pass this cost onto their tenants.

  2. A landlord cannot by law withhold another’s personal belongings in lieu of any monies owed and you can take him to court and be awarded substantial damages.


    Cashmere v. Walsh, Downing and Veale the tenant, amongst other damages, was awarded £6,515 for the landlord failing to return the goods in question.


    The Torts (Interference with Goods) Act 1977


    Warn him that if he doesn't release your goods within 24 hours, you will issue a summons.


    It is a civil matter so the police won't be interested.


    Is this done via the county court?


    Thanks for the advice, both of you. Big help.

  3. I've recently moved out of a rented house but the landlord has kept some of my possessions and won't return them.


    I was made redundant from work and fell behind with the rent. As a result the landlord gave me 2 months to move out. On the day that I moved I'd collected the majority of my belongings but didn't have time to finish the job. I returned the next day to collect the remaining items - a box of personal documents, a box of jewellery and a cooker. However when I arrived at the property the landlord had changed the locks.


    I text him to ask if I could get the last few items and he text back asking when I was paying him the money that I owed him. I told him that as soon as I had it I would give it to him. He never replied. I once again text him the next day and he text the same question about the money owed. Every time I text him over the next week he just repeated the same question. Now he is completely ignoring my texts and won't answer my calls.


    I've told him that I need to get my personal documents in order to get a new job - the sooner I do, the sooner I can pay him - but he still ignores me. I have had to cancel 2 job interviews because he won't let me get my things which include my birth certificate and my NVQ certificates, both of which I need to produce at interview.


    My question is this: can a landlord keep hold of my personal possessions until I pay him any money that I owe him?


    If he'd let me get my documents I'd be able to get a job and pay him quicker, but he doesn't seem to realise this. I'd really appreciate any advice you can offer.



  4. I went overdrawn last year by about £10 and Barclays charged me and charged me until it reached £450. I paid back the £10 that I went over immediately but because they had charged me straight away, it never brought me back into credit. I complained to them last year about the charges, but they put my complaint on hold pending the OFT court case. I have today received a letter stating that the supreme court have ruled that their charges are not penalty charges and that they see no legal grounds on which they can be contested.


    Does anybody know where we stand in regards to Barclays new unauthorised overdraft charges, that they changed last year (I think)? They said that they sent out a letter last year informing me of the changes to my terms and conditions and they say that they stated in the letter that if they don't hear back from me then they presume I agree to the new charges.


    Surely this isn't legally enforceable? I never received any such letter so how can they expect me to opt out if I was never informed of the change? Would this be the right path to go down in regards to getting them to quash the £450 'debt' that I have now accumulated with them due to their new charges that I never agreed to?





  5. Got a bit more info, the debt is council tax from a previous property that she lived in. She didn't know she had an outstanding amount, and when she found out that she did, she phoned to arrange payment.


    Maybe the debt collector thought he'd just try his luck anyway, who knows? I didn't get his reg number, didn't really think to at the time, I was just focused on getting rid of him.


    Thanks for all of your advice, you've been a big help. :)



  6. Thanks for your help.


    Just been around to my sister, she only lives around the corner. After a minute of him hinting that he was a bailiff, it turns out he was just a debt collector. So we told him where to go and to put everything in writing, and that would be the only way that we will deal with them in future.


    Don't know if that was the best way to deal with it, but he went, so it gives her a bit of breathing space.


    He wouldn't say which company he was with, and the van was just a plain white one, so we're still none the wiser as to who it was.


    Thanks for all of your advice.



  7. I'm writing on behalf of my sister who has just phoned me and told me that a debt collector has turned up at her house in a plain white van and is demanding furniture to cover a debt. She said she has had no warning from them, and has already made a payment agreement with the original company that she owed the debt to.


    What can the debt collector legally do? Can he gain entry to remove furniture or has he not got the right? I need someone to get back to me ASAP as the debt collector is sat outside my sisters house now, and she is scared that he may try to gain entry.





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