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heliosfa

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heliosfa last won the day on April 12 2009

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  1. TWNB, this forum is about self help, about pointing you in the right direction so that you can help yourself. The cases where more information is given is where people are really out of their depth or it is a complicated issue. To be honest, your issue is very simple and a 2 minute jaunt in the Sale of Goods act and the thread you were pointed at already would answer your question... Section 48A of SOGA gives you (the buyer) the right to a repair or replacement or a reduced sale price or full refund. As per 48A(3), as they went faulty within 6 months it is up to Aria t
  2. The OP does not seem to have breached contract (Fuji, can you post up a copy of your agreement, with sensitive details removed, so that we can see what you signed up for) as the rent was still being paid, council tax and bills being paid, and the property was being looked after. I do not see how the landlord could have suffered losses - the reletting costs would have been due at that time as the fixed term was coming to an end and new tennants would have been needed and most landlords I know start to advertise as soon as possible. The landlord has received two weeks worth of rent for one
  3. Interesting, it might be worth asking him what part of your contract makes you liable for his fees? And i suppose that you could raise the issue that it might have been an illegal eviction, see what he does then... just be careful how you phrase it - don't make it seem that you are rejecting his "offer" H
  4. appologies - i got a bit copy/paste happy! gone to fix it now. Fuji, as I said, personally I would be inclinded to leave it as is. Yes, technically, the LL has probably done wrong by moving them in. the reason I said that it might be an illegal eviction is that he rejected your request for early move out and insisted on the term. as such, if he had new tennats, he should have spoken to you and asked if you still wanted to end early. he didn't, therefore deprived you of the "private and quiet enjoyment" you could have had. H
  5. I agree with Acerbic and have one thing to add: The Data Protection Act would prevent imigration telling any companies that you are back. It also prevents any companies contacting your employer and revealing personal information about you. as I have said, credit card debts etc. are civil, not Criminal and law enforcement will not and cannot get involved in civil disputes. Thanks, H
  6. I'm not to sure if there is a proper procedure, but if you call or visit the court and explian that you are being contacted by a company about a judgement you have no knowledge of, they should be able to help and provide you with details. LOL Ta, H
  7. i always welcome counter points in the circumstances it seems that the OP was being considerate rather than surrendering the tennancy, e.g. making sure that she did not cause damage to the landlord by depriving him of the keys at the end of the tennancy so that new tennats could move in straight away. e.g. so that the landlord would not need to get a new set or hold off the new tennants move in till OP was back. in either case, the LL refused to accept this, so no early surrender. this is potentially a sticking point, but the OP was still taking responsibility for the prope
  8. I didn't give written notice to end my fixed term last year and this year i would not expect my tennats to give me written notice if they were leaving at the end. What do the terms of your AST say? Also, it could probably be argued that as he started to look for new tennats after your oral "notice", he has accepted it. If he really wants to go down the route of you not giving him notice, then him getting new tennats in before the end of your fixed period is an illegal eviction as he hasn't given you 2 months written notice in a S21. notice as required and he has moved them in before
  9. hello! /me waves in what way does he claim you breached contract? it does sound a little bit "blackmaily" agreed on both points Yup, they are a cost of being a landlord. I know that when my tennants leave, I will have to absorbe the cost of finding new ones. This is what the rent covers - costs of the business and gives rise to some profit. If you had refused to pay rent for the period, then yes he could go for the fees. I'm not sure, so I will defer to someone with more knowledge of the penalty provisions. My readding of the HA indica
  10. Possibly but I am not aware of what it is. but think about it this way - the court have ordered that you pay. If they don't set a timescale, then it is due at the date of the order and if you refuse to pay the Claimant can enforce the judgement. E.g. if i get a judgement in a claim tomorrow which does not set payment dates, I could enforce with a warrant straight away. H
  11. Then it sounds like a forthwith - e.g. payment is due the date you get the order and is due in full. If paid within 28 days, it is not registered on your file. If you don't pay it, the Claimant can try to enforce it by several means. If you can't afford to pay at one time, you can apply to have the judgement varied to a monthly payment one. Thanks, H
  12. Hi Ramkhan and welcome to CAG. as acerbic has already said, you have nothing to worry about. Civil debts can't wind you up in prison because they are "civil" and not "criminal" - the UK stopped jailing debtors a very very very very long time ago. Imigration will not worry themselves with a civil matter and it wont stop you getting a visa. Thanks, H
  13. Ideally the letter to the Sol should have been delivered by recorded delivery as you then have some evidence it was sent. Do try to avoid speaking to them as they are likely to try and spook you - which they seem to have done. How much are they claiming? I understand your aprehension about doing this yourself Mr. Help, however the point of "small Claims" is that you can bring and defend a claim easily as a litigant in person. The limit for small claims is £5000 and there is a "no costs" rule in that you can't reclaim your legal costs if you win. The reason I sugested acknowle
  14. Hi Gfours, I have had a quick look and noted that you have left some personal details in them such as claim no, exact amounts and agreement number. If you blank these details and re-upload them then we can get them on this thread for you (either you having enough posts or another way!) FIrst thoughts on it - if it is genuine then it was heard in your absense, however it doesn't appear to be a default judgment implying that the claim was acknowledged/a defence filed... I would advice that you contact the court and ask them to confirm the situation and provide copies of the claim fo
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