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About BigMuz

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  1. I'll explain, when the original landlord died, my father was still the original tenant in the house under a regulated tenancy. I paid the rent for him, he was old and had retired some years before so I paid it to the original landlord. When he died, his relative turned up at the house to say he'd died and that he now owned the property. Being a little green when it comes to probate and wills etc. I simply took him at his word and was paying him cheques, made out to him personally, for the rent up to the point my own father died several years later. It was only when my dad died that it came t
  2. If any of the CAG members know, who would I report a breach of S3 to? Since it's a criminal offence I was thinking I might have to call the police but I'm not sure. Any advice? It seems reporting this sooner would be more beneficial to me since he's now trying to evict me (illegally since without an S3 the responsibility for rent collection etc. falls to the old landlord from what I can gather)
  3. Hi, sorry for the delay. With regards to the court case, I'm in the middle of getting a judgement set aside. The landlord had notice served on me while I was in hospital and got a default judgement. I have been assured that it should be an easy case to have the matter set aside given I was in hospital and my defence, although late, was late only by a day and there were mitigating circumstances. The scary thing now is that he is starting section 8 proceedings to try and remove me from the house. I am actually involved in two legal battles though now. The first is with the "estat
  4. Just a quick question that I'm hoping one of the CAG members might be able to help me with. Can a landlord demand rent if he hasn't complied with Section 3 of the Landlord and Tenant Act 1985? The man who supposedly owns the house I live in turns up in August last year telling me that he was the owner, issued a Section 48 document dated March 1st and demanded rent. From my understanding, any change of landlord requires a S3 Notice as well as a S48 notice and that failure to provide a S3 is a criminal offence? An important point to raise here is that I had previously paid over £
  5. You're correct. The solicitor actually phoned me and asked me what rights he thought I had to stay in the house. He wasn't particularly friendly and told me on the phone that the old LL's family wanted me out to sell the house To be honest, given my previous encounters with the solicitor I wouldn't either trust or believe anything he told me. I'm more concerned that the estate was in probate for so long and even the council wanted to know exactly what the hold up was. From what I gather there were several parties involved in claiming some kind of interest in the old LL's propert
  6. I understand the general procedure for the S48 my concern comes from the way in which it's been handed to me and the information I had received a few months ago doesn't quite match what I was told to expect. When I had the meeting at the council I was told that the S48 was a guarantee that the person I was paying the rent to was the person legally entitled to receive the money and without it I could be paying rent only to have someone else, the real legal owner of the property, come along and ask me for the money that was due. Since the new LL took legal possession of the house in march
  7. Hi I'm hoping I can get some advice on here about my current landlord situation. I am currently living in a house that my father had rented from 1964 and when he died in 2011 I inherited his tenancy. There was an issue though in that my fathers original landlord had died and his estate was in probate - when I made a claim to inherit the tenancy things got a little nasty. Essentially I was told that I had no right to live here by his solicitor and he started to refuse the rent from me. I made it very clear to the landlord and solicitor that my rights to remain in the home I grew up in
  8. Hi Has anyone had any experience or joy in getting a default removed from their credit file that's there thanks to these idiots? I had a contract phone with 3 and paid it every month without fail for the entire period I owned the phone but in the last month or so, especially when I made it clear I wasn't going to renew a contract with them, I started getting strange things occur on my account. My bill was paid automatically by DD but the final bill was never submitted to the bank. I work away a lot and as a result I wasn't seeing my mail, when I returned home I found 2 bills claimin
  9. This is getting more weird. According to Link, Santander defaulted the account on the 14th April of 2008. Equifax have no record of Santander or Dorothy Perkins on file as a standing arrangement or as a default which should, in theory, have been registered with the CRA's when the account was first opened and then closed. Link have reported the account as defaulted in October of 2008 - Do they not have to at least match? I'm very confused now. I was under the impression that Santander would have had to default the account, registering the default with the CRA's at the time of the de
  10. This is the weird thing, there are absolutely no records on her file to say that she had any agreement with Santander. We've spoken to Equifax and it looks like Link defaulted the account - in fact they told her on the phone they did. The thing is, the total debt is a trifling amount and she maintains that she was unaware of any problems with the account. Anyone else telling me this I'd probably be a little sceptical but my sister is the most meticulous person I know; she keeps all her letters filed and gets onto things. Her main complaint has been that she was never given an opportunity
  11. Thanks for the reply. A default is a legal notice which should be served before termination. If a DCA is collecting on behalf of a creditor, the account doesn't have to be terminated but if the account has been sold then termination should occur So in this instance, a termination from Santander should have occured? The default on her credit record shows only as Link Financial..there are no termination records, (or even ones saying settled), that have anything to do with Santander or Dorothy Perkins (who she got the store card off). I've took your advice and am writing a letter t
  12. Hi Everyone, The main issue here isn't for me, it's with my Sister who Link are pursuing for a supposed store card debt. We've been through swings and roundabouts to get this sorted because apparently Santander, (who provided store finance on this card), defaulted her account for £8 arrears. However, on her Equifax record there is no mention of the store card, a default or anything else placed by the original creditor - not even anything that says "settled". Santander never informed her of a default on the account and we've asked for evidence of this. Santander say they can't provide it
  13. That sounds pretty much like it. Thanks for the plan . My mechanic has already said he can confirm that car was going for its MOT so fingers crossed there won't be a massive fine at some point down the line. The NCP van is coming tomorrow to unclamp the car; bit annoyed its taking so long since I paid it at 1pm and I was told that the clampers clock off at 3.
  14. Barclays will suspend payments if you tell them you are in dsipute with SCS; we're in the same boat with SCS and their poor furniture. Whatver you do, don't cancel the direct debit yourself but make sure that Barclays are aware of all your dealings. Copy them into emails and forward copies of letters. We've been waiting months for a satisfactory answer..
  15. Don't let up for an instant. SCS will try and drag it on to the point that you'll be out of warranty so they don't need to fix the issue. They sold us a Sofa that cost close to £3000 that's never been right. The "foam" they use to fill the cushions collapsed on the chair and suite within 2 months of taking delivery. They replaced the cushions 4 MONTHS after we reported the fault and not two months later the same thing happened again. They then tried to say we'd done something to the suite to make it unusable. I wasn't best pleased about the foam cushions since the sales guy told m
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