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heliosfa last won the day on April 12 2009

heliosfa had the most liked content!


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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 to show it conformed at the time of sale as it is assumed it did not. The seller does not have an option to take back the item and give a credit note to a partial refund - it must either be the full amount. As per the advice you have already been given, post 25 in this thread gives you the info you need re. refund of the delivery costs and even tells you what to post. TWNB, we are here as volunteers to help people who are in a bind. By being rude and/or insulting you will be less likely to get help in the future as the people who volunteer will be less willing to help. Your issue has been anwered before and instead of telling you to go use the search, which alot of forums would do, someone took the time to search for you and give you the relevant thread and even told you the exact post... /rant I hope this answers your question... H
  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 week of exclusive possesion and has thus been unjustly enriched. I agree on the point of having his cake and eating it. I concur. He seems to have denied the OP's requst to leave early yet gone ahead and moved new tenants in one week early. As he didn't get the OP's permission after refusing said request, the Landlord has breached the OP's rights as a tennant to exclusive possesion and thus the agremeent. H
  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 property by ensuring it's security, etc. and made sure that they were out before it turned into a periodic. and this is the point i was making, if the LL is claiming taht the OP didn't give notice and the OP was not behind on rent, then as the LL would have needed a S21 in Month 4 to move tennants in right at the end of the AST. What the LL has done is moved new tennants in before a) a rent payment was missed and b) the end of the fixed period. here you go this is why I said it semeed he shot himself in the foot... so you found the place "set up" for habitation and insecure three days before the end of your term? This makes me feel that the landlord is on a really sticky wicket because it seems that technically he has evicted you illegally. when did he do the walkthrough? was it after the new tennants were in? H
  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 you would have failed to pay rent if it was due, so before any breach of contract, hence him breaching contract... not a breach of contract, if you told him it was going to be unoccupied for a bit what is the problem? really there is no difference to if you had taken a 3 week holiday. again, not a breach of contract - you were exploring options and he didn't have to look... again, not a breach of contract. you were expecting to be away and wanted to make his life easy. I returned my keys last year a whole two months early. well, paying his costs in finding a new tennat wasn't in the your contract was it? The landlord is in business to rent property. like any other business, there are expenses the business pays. In the case of a landlord, mortgage, insurance, gas safety checks, maintenance, agency fees, costs of finding customers, tax, etc. The rent should be at a level to cover these expenses and give his busniess some profit. say you went to buy soething from a shop. the price you see is the price you pay, that is the price the business has set to cover their costs. you wouldn't then expect to have to pay for the time of the staff member who served you in addition to the item cost. He can try to counter sue you but a) he would have to prove you breached contract and that he suffered damages (he would have needed new tennants about that time anyway...) or b) the ccontract provided for you to pay expenses of finding replacements at the end of the contract. Either way, it looks like the landlord is being stubborn and managing to shoot himself in the foot... H
  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 indicates that it "should" be claimable but a) i wasn't looking into it in huge detail and b) i havent kept up with case law re. deposits. which he can go whistle for as you are not liable... true, i suppose I am in the process of a claim for £35, so if I disaproved based on the amount it wouldd be the pot calling the kettle black Thanks, H
  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 acknowledging your claim ASAP is that if they withdraw after you acknowledge, it is even harder for them to re-issue again at a later date. You are also entitled to some costs to cover the time you have spent on this but it wouldn't cover a solicitor's time mot likely. From what you have said, this looks like a very straightforward case and it may even be possible to win without needing to appear in court by using a request for summary judgement at the right time. Remeber, there are alot of people on CAG who can help you, some of them are even legal professionals. The other thing that people from here do is have "court buddies" so that you have someone you "know" with you. they can't speak for you but they can give you moral support. Where in the Country are you? RE.Legal aid, i am afraid that it is unlikely to be available for a civil "debt" given the way they have changed it recently. If you really want representation, you may find that your home insurance has legal cover included and, as this is a very open and shut case, they might take it on. Thanks, H
  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 form, judgment and other docs. Thanks, H ps. loving that that letter came from a Mr. P Dredge! LOL
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