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BAYV explained

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Posts posted by BAYV explained

  1. Hmmmmmmm i'm back again for another shot.

     

    Right in your initial post you mentioned: "There is no cancellation period stipulated in the terms and conditions I was sent."

     

    You will need to read the: The Consumer Protection (Distance Selling) Regulations 2000

     

    Having re-read the regulations I need to change my viewpoint slighty which might buy you more time.

     

    Please note, I am not a legal expert at all and this is just my interpretation of what it says (which is complicated).

    If you want definitive interpretation of the Statute you will need to go over the regulations with a fine tooth comb and:

    Blacks Law Dictionary.

    Statutes and Acts aren't written in English they are written in Legalese which is the language of law. Some of the definitions can vary dramatically between English and Legalese. For instance whenever you see "may" in an act it means "must".

     

    I draw your attention to:

     

    Part 12: Cancellation period in the case of contracts for the supply of services

     

    Section (2):

     

    (2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

     

    So I make it that the 7 day cooling off period started the day after you signed up for the course and agreed the contract.

    Also in the regulations in section 3 it defines working days as:

     

    "working days" means all days other than Saturdays, Sundays and public holidays.

     

    Personally I reckon that gives you 10 normal days to cancel.

     

    So if you signed it on say a Monday.

    Cooling period starts Tuesday

    So cooling period would be: Tue, Wed, Thur, Fri, Mon, Tue, Wed

     

    Also don't let them tell you that it must be in writing it's BS.

     

    Look at Section 10: Right to cancel part (3)

     

    (3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

     

    That would mean if they have a telephone or e-mail you cancel by that means.

     

    Hope I have explained that well enough :|

     

     

    PS. I knew I forgot something:

     

    You stated: There is no cancellation period stipulated in the terms and conditions I was sent.

     

    For the cooling period to be 7 days they must adhere to Section 8 of the regulations.

     

    This is going to get complicated a bit so my apologies.

     

    This is the part of Section 8 I am referring to:

     

    Written and additional information

    8. - (1) Subject to regulation 9, the supplier shall provide to the consumer in writing, or in another durable medium which is available and accessible to the consumer, the information referred to in paragraph (2), either -

     

    (2) The information required to be provided by paragraph (1) is -

     

    (a) the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a);

     

    (b) information about the conditions and procedures for exercising the right to cancel under regulation 10, including -

     

    (i) where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and

     

    (ii) information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

     

     

    If you are adamant there is no mention of how to cancel in their T&C's then it changes it.

     

    If that is the case then look at:

     

    Cancellation period in the case of contracts for the supply of services

    12. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of services begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (4).

     

    (2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

     

    (3) Where a supplier who has not complied with regulation 8 on or before the day on which the contract is concluded provides to the consumer the information referred to in regulation 8(2) and (3), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

     

    (4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the contract is concluded.

     

    Right so if they haven't adhered to Section 8 then paragraph 2 isn't relevant. It would be paragraph 3 or 4.

     

    Both of those gives you 3 months to cancel not 7 days.

     

    Paragraph 3 is different to 4 by saying that they have 3 months to send you information on how to cancel then you have 7 days from the day that info was received.

     

    I would read and familiarise yourself fully with the above and the regulations and then ring them and cancel. If you can sit there and read the regulations to them down the phone and show their failings of it to them I can't see them not caving in to be honest.

     

    Good luck.

  2. Hi, I brought something online but decided it wasn't the right choice. I thought that you had a 7 working day cooling off period but comet have said that they include Saturday and Sunday in that?!

     

    This sounds wrong, if they don't include Sunday then I am within 7 days and so should be able to return.

     

    Can anyone confirm that they can't include Sunday?

     

    The definition of working days is:

     

    "working days" means all days other than Saturdays, Sundays and public holidays.

     

    This is from the Statutory Instrument 2000 No. 2334

     

    The Consumer Protection (Distance Selling) Regulations 2000

     

    The bit you are looking for is Section 11 part (2) which states:

     

    (2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

     

    Hope that helps

  3. Hi everybody

     

    I bought an online study course and am trying to cancel but the course provider says I am outwith the 7 day cancellation period. There is no cancellation period stipulated in the terms and conditions I was sent. I also have not signed any documents. I paid by credit card. What options are available to me now?

     

    Please help

     

    Unfortunately the period is 7 days which are covered by the Distance Selling Regulations.

     

    If you done it online they don't need a signature as it will be regarded as a electronic signature.

     

    As for what options you have? Unfortunately I can't see a way out of this without paying for the services.

     

    Hopefully someone else will be able to give you some help on what to do next.

    • Haha 1
  4. I am in the process of writing a letter on behalf of my mother in law, she had various contents of her handbag stolen whilst shopping, unfortunately some of the personal effects gave a clue to her debit card pin number and the thief used the card to withdraw £350 from her account via a cash machine!

    The police were immediately informed and so too were the bank, however she was informed that because the thief used her pin number this was not classed as fraud!

    The police have cctv footage of the person but cannot find out who he is and have advised my mother in law to write a letter to the fraud investigation team at the yorkshire bank.

    could anyone please advise wording of a letter please

    many thanks in advance:-x

     

    As for exact wording of the letter, sorry but i'm not very good at composing letters so I would check this for grammar and such:

     

    Name

    Address

     

    Account No.

     

     

    Dear Sir/Madam,

     

    I contacted yourselves (by phone/by letter/ in person) on the (insert date) regarding the theft of my Debit Card and the subsequent fraudulent withdrawal of £350 from my account. I also immediately contacted the police who are currently investigating the crime and the crime number is (insert crime number). The Police are now in possession of CCTV footage of an unknown male making the fraudulent withdrawal at the Cash Machine of the (enter bank name) on (enter street name). This can be confirmed with the Police.

     

    Unfortunately you have tried to falsely claim that the fraudulent withdrawal is not a case of Fraud.

     

    Due to this I must remind you of two things:

     

    Firstly, in the Fraud Act 2006 Chapter 35 is states:

     

    Section 1: Fraud

     

    (1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence) (2).

    (2) The sections are—

    (a)section 2 (fraud by false representation),

    (b)section 3 (fraud by failing to disclose information), and

    ©section 4 (fraud by abuse of position).

     

     

    Section 2: Fraud by false representation

     

    (1) A person is in breach of this section if he—

    (a) dishonestly makes a false representation, and

    (b) intends, by making the representation—

    (i) to make a gain for himself or another, or

    (ii) to cause loss to another or to expose another to a risk of loss.

     

    (2) A representation is false if—

    (a) it is untrue or misleading, and

    (b) the person making it knows that it is, or might be, untrue or misleading.

     

     

    (3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

    (a) the person making the representation, or

    (b) any other person.

     

    (4) A representation may be express or implied.

     

    (5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

     

    As you can see clearly from the Fraud Act 2006 this clearly is a case of Fraud. Unless you are trying to assert that I am a male that was seen by the Police on the CCTV footage fraudulently withdrawing the money.

     

    Secondly, on viewing your website it clearly states at the bottom of the home page:

     

    “Yorkshire Bank is a trading name of Clydesdale Bank PLC, which subscribes to the Banking Code.”

     

    I refer you to the Banking Code of March 2008 and more specifically Section 12 entitled: “Protecting your accounts”

     

    Under the subsection of section 12 entitled : Liability for losses it states the following:

     

    12.11 If you act fraudulently, you will be responsible for all

    losses on your account. If you act without reasonable

    care, and this causes losses, you may be responsible

    for them. (This may apply, for example, if you do not

    follow section 12.5 or 12.9 or you do not keep to your

    account’s terms and conditions.)

     

    12.12 Unless we can show that you have acted fraudulently

    or without reasonable care, your liability for your card

    being misused will be limited as follows.

    • If someone else uses your card, before you tell us it

    has been lost or stolen or that someone else knows

    your PIN, the most you will have to pay is £50.

     

     

    Allow me to draw your attention to part 12.12. It clearly states that: “Unless we can show that you have acted fraudulently or without reasonable care, your liability for your card being misused will be limited as follows.”

     

    Therefore due to your membership of British Bankers' Association and thus the Banking Code you must show I have acted without reasonable care.

     

    Since you have not shown “I have acted without reasonable care” as stated in the Banking Code and are willfully ignoring the Fraud Act 2006 I expect the FULL £350 to be deposited in my account as soon as reasonably possible.

     

    If you do not act on this matter I will have no other option but to consult with my legal team who will seek remedy on this matter on my behalf.

    Yours faithfully,

     

    (insert name)

     

    You need to fill the relevant details in including the ones in brackets.

     

    Hope this is of some help.

  5. i have received my s78 request from virgin (mbna) and the agreement was executed over the internet( by ticking a box). does this hold up and any tips on dealing with internet executed agreements.

     

    many thanks

     

    Internet executed agreements would be covered under the Electronic Communications Act 2000 I would of thought.

     

    As for it holding up? I would of said it does.

     

    From the Communications Act 2000

     

    7. Electronic signatures and related certificates

     


      In any legal proceedings—

     


      (a)an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and

     


      (b)the certification by any person of such a signature,

     

     


      shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

     

    But Lula points out there were changes in 2007 and I am really not familiar with those.

  6. i am receiving letters from dlc a debt collection agency for nearly 47'000 which i apparently owe for a mortgage shortfall on a house my husband and i owned and it was repossessed 2 years ago. ther is no explanation as to how they have come to this figure as i thought there would only be about a 15'000 shortfall. anyway after the repossession i never gave my forwarding address.i just handed back the keys. i am asingle mum now on benefits how can i write to the dca to tell them to take me to the court? i feel its best to go to court as i can then speak to the courts and try to arrange a payment plan. i have no intention of trying to come to an agreement with **** bag debt collectors!

     

    I am not a legal guru but as from my understanding of courts and the legal process, a court is there to adjudicate as no remedy could be found through negotiation before being in court.

    If you ignored them before going to court the Debt Collection company can state that they offered up communication for you to find remedy but you ignored contact. Depending on the Judge this might well work against you trying to plead your case in court.

    If you are positive it will end up in court I would enter into communications with the Debt Collection company. You don't have to agree to anything they wish of you but at least when you go to court you can show that you did at least seek remedy before the court case.

     

    You also dispute the amount. That is where I would start. You can send the Debt Collection company a letter requesting details without acknowledging the debt is yours.

     

    National Debtline England & Wales | Debt Advice | Factsheet 11 Mortgage Shortfalls

     

    The link above gives an example letter of what to send (Sample M1 Letter). That page also offers up some good advice to follow.

     

    It is quite possible your original mortgage was Securitized in some way and that is why it has been passed on to the Debt Collection company. If that is the case they will struggle to give you the information you are entitled to know.

    Make sure you keep copies of every letter you send off requesting information. If you can show in court that you sought information to help find some remedy and the Debt Collection company could not (or would not) give you the information it will help your case.

     

    Anyway my best advice would be read what it says in the nationaldebtline link above. Any further questions just give people here a shout.

  7. Great feedback, guys. Thank you.

     

    My contract states that it can be paid as either (can't recall exact wording) but it doesn't say who has the right to stipulate which one it is. I think it should be up to the employee so this is my concern.

     

    I will investigate. Thanks again!

     

    Sorry to be a bearer of bad news but if it's in your contract and you signed it, I would guess legally speaking you agreed to it.

     

    :(

  8. hi bavy,

    thanks for them few ideas, will have a good look later, i did actually asked for a settlement amount in feb 09 (just to see what i owed) and it was 6847.71.

    not to good at maths! but may i ask you quick question? i noticed on the document it says after 1/4 term you would have a settlement of 6528.54 would i have done that term. Got the car Feb 07?

    mind you even then i would be 2500 owing if i sold the car for 4000! there would be no way i could find that so would be stuck anyway!!

    don't look as if got many options without losing lot of money! or owing!

     

    Yeah unfortunately your options don't look too great :(

     

    I can't believe the attitude of the CAB woman, I would still give National Debtline (National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000) they might throw up an idea we haven't thought of.

     

    Regarding how far through your payments? I make it that you have made 19 of 60 payments so far so around 1/3rd of the way through.

  9. I am wondering if anyone has any experience/advice regarding workers rights in working overtime and how it is paid (ie in money or in Lieu). I work for a Post Production company in Soho and they claim to have the right to dictate how our overtime is paid, which is now paid in Lieu, not as an extra incentive on top of our salary. Nor is it paid as Time and a half or Double Time on weekends/after normal working hours.

    I think this stinks and question if this is indeed right?

     

    We are working late shifts of 4pm to 5am the next day on regular occasion as well as weekend work. None of this is paid in money and it's all at a standard rate, no matter how long we work. What are my rights? My contract stated that Overtime can be paid in Leui or in Money but it did not stipulate who has the right to request which one it is. It used to be paid in Money but since the company changed hands, new management insist it's paid in Leui and we no longer get a choice.

    Any feedback would be very much appreciated.

    We're all overworked, underpaid and very frustrated! :confused:

     

    From what I can gather they must get your consent for this.

     

    From Businesslink:

     

    Manage overtime

    Time off in lieu

     

    An alternative to paying for overtime is to offer time off in lieu (TOIL). The practice is particularly common among higher paid staff who work overtime.

     

    Workers must agree to TOIL. They must also arrange to take it at a time that is convenient for the employer.

     

    A question though: Was does your contract state?

     

    If it doesn't state that about overtime I would assume they are in breach of contract.

     

    You could try contact the Pay and Work Rights helpline

     

    Details here:

    Pay and Work Rights helpline : Directgov - Directories

  10. Yep agree with Maggie. It's not a HP agreement.

     

    If you did go down the sell the car route this is a guide to what your car is worth:

    2006/06 Fiat Grande Punto 1.2 Active 5d Valuation - Parker's

     

    As you can see the price varies in value depending on condition.

     

    You could ring up Fiat and inquire what the settlement figure would be at that time.

    Then you could compare the 2 amounts. My estimation is you would be between £750-£1750 down though.

     

    There is another 2 options.

     

    Option 1

    I have seen others do this but you have to be extremely disciplined.

    You could sell the car for around £4000 and then put that money in a savings account and use that money to pay off the monthly amount of £175.

    That would cover 23 months worth.

     

    Though you would still have to pay off the last 18 monthly payments plus the final payment of £395.

     

    You are very much hedging that your financial situation would improve before that £4k dries up.

     

    Option 2

    Again you could sell the car for around £4000 and then use the money to pay off other debts that have a higher APR rate meaning you could then afford £175 per month as your monthly outgoings would be reduced.

    This is obviously dependent on what your personal situation is currently like and what debts (if any) you have.

     

     

    Neither of those options are a great help but they are differing ideas.

     

     

    Something else to look at:

     

    Something I did notice when reading through the scanned images is the cost of the car is different.

     

    On the loan agreement it has a price of: £6295.25

    On the AA Hitachi Schedule document it has a price of: £6208.38

     

    I know there isn't much difference but I would still ask why.

     

    As for the validity and legal standing of were you mis-sold the Insurance/Warranty i'm sorry I really don't know where you would stand.

     

    I think the best thing would be go to the Citizens Advice Bureau with the documents.

  11. Imagehost is the easiest and quickest one to use.

     

    ImageHost.org - Free Image & File Hosting

     

    The bit in the middle of the page where it has:

     

    File: **A blank white box** Choose... (in a grey box)

     

    Just underneath that there is "Upload More" click on that.

    It opens a new screen where you upload the pics like you need when you attached them before.

     

    Once you have selected all the pics click on "Upload" at the bottom.

     

    A new page will load with small pics of what you uploaded. Scroll down to the bottom and look for a box named: Forum Links

    Left click anywhere in that box and it should highlight all the text.

    Right click and select copy

    Come back here and start a new post and then

    Right click again and paste and it will transfer all the text and click post.

    • Haha 1
  12. Hi angeleyes,

     

    You can return goods bought on Hire Purchase at any time.

     

    You have the right to terminate and end your agreement under Section 99 of the Consumer Credit Act 1974 at any time before your last instalment is due, although you will have lost the right to terminate your agreement if the creditor has already terminated it or if the full balance of the agreement has become payable.

     

    If you decide to terminate your agreement voluntarily and hand back the goods to the creditor, you should only have to pay up to half of the total amount payable under the agreement, minus sums that you have paid and sums that are due. Sums that you have paid include any deposit plus the instalments that you have paid. Sums due are any arrears or missed payments due at the time of termination.

    National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt

     

    You need to sit down and work out whether you have paid more or less than the 50%.

     

    If you haven't you would need to pay the residual amount to make it up to the 50% of the original amount on your agreement.

     

    I would give the National Debtline a call just to check all your calculations.

     

    Something to be very wary of:

    In addition you will also owe any damages if you have failed to take reasonable care of the goods (over and above normal wear and tear). The creditor might argue that there will be an extra charge for damage or unusual wear and tear. It is important to look at any charges to see if they are reasonable

     

    If you end the agreement and give the car back I would advise taking comprehensive photo's of the car before it goes back.

    Then you have a good record of the cars condition.

     

    Hope this helps.

    • Haha 1
  13. Hey Everyone - got a ticket today for parking in a disabled bay in Tesco - 3 year old daughter desperate for a wee - anyone else fought this and won ?? Thankyou !! :-x

     

    Kazza I assume they have sent you a Penalty Charge Notice??

     

    If that is what you received a Notice is not a bill or invoice of goods received or services rendered.

    It is the start of a process of communication.

     

    The actual definition in Law of Notice is:

     

    notice

    n. 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle of fairness and due process in legal procedure and must be given to both parties, to all those affected by a lawsuit or legal proceeding, to the opposing attorney and to the court.

     

    law.com Law Dictionary

     

    Now it is up to you, you can ignore it or you can counter their Notice with a Notice of your own.

     

    See here for letters:

    http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

     

     

    I don't have a car but wish I did for such instances.

     

    You could take it to the extreme by showing the DVLA is the owner of the vehicle and you are just the registered keeper if you wanted. I would but i'm a pain in the bottom.

     

    But anyway that is for another day.

  14. serendip7 I can now see why you are in such a pickle.

     

    I HATE de-constructing Acts, it's a nightmare.

     

    I have looked at the: The Consumer Credit (Early Settlement) Regulations 2004

     

    The Consumer Credit (Early Settlement) Regulations 2004

     

    I assume you are talking about section 6:

     

    Deferment of settlement date

    6. Where the agreement provides for the credit to be repaid over, or at the end of, a period which is more than a year after the relevant date, the settlement date for calculation of the rebate may be deferred by -

     

    (a) one month, or

     

    (b) where the length of a month's deferment would be more or less than 30 days and the creditor so elects, 30 days.

     

     

    Basically yes it would mean the Creditor can defer the settlement date and get an extra payment.

     

    But....... I would say that would be a small price to pay depending on the rebate you get.

     

    Have you asked them for a settlement figure? If yes have you checked it?

     

    On the act it gives some examples at the bottom of how they "should" work out your settlement figure.

     

    As for the:

    I am being required to pay an early settlement penalty of almost £2,500

     

    I would either write back or ring them and ask them to state under which Act (and specific parts of it) are you legally obliged to pay that penalty.

     

    To be honest i'm not sure. Try contacting either:

     

    National Debtline

    or

    Office for Fair Trading

     

    They should be able to give you a definitive answer.

  15. Can someone please help me, i was told back in 2005 that regardless of the faact that i only wanted to extend my overdraft by £50 my only option was to consolidate so i agreed a loan as i was backed into a corner with HSBC 22/09/05 and signed a very small document in the branch with no t & c's, the funds were released to me on 26/09/09 i then recieved a letter in the post with new t&c's and a new cca and was told that if i didn't sign the funds would be withdrawn (so of course i signed) fast forward 4 years later, i hear about unenforceable loan agreements so ask the bank for original signed agreement, the only record they have is a cca signed by me one month after the funds were released into my account, what options do i have could this potentially make the loan invalid and what should i do next as HSBC went into lock down when i pointed this out and passed it over to their legal department to "investigate" i have never missed a payment or tried to stop payments? I would really appreciate some advice, have been told i may get all money back and loan written off could this be true?

     

    Hi Sarah,

     

    I am going to play the role of the other sides defence at first. Sorry to have to do this but it is reality.

     

    On this point.

    i was told back in 2005 that regardless of the faact that i only wanted to extend my overdraft by £50 my only option was to consolidate so i agreed a loan as i was backed into a corner with HSBC 22/09/05 and signed a very small document in the branch with no t & c's,

     

    Can you prove this in any way shape or form??

     

    If HSBC does not have the original document you signed and you don't have a copy then there is no proof it ever existed in front of a Judge. I know that may sound harsh but looking at it objectively that would be the case sorry.

     

    The best way forward I can see for you is getting a copy of the CCA that HSBC do have on record. Then take that and sit down with someone at the Citizens Advice Bureau.

     

    Sorry it's not much help for you.

  16. hi all hope someone can give me some advice in april 2007 we rented a property through a letting agent, were told it was long term let and 5 months later we received a letter from the landlady stating unless we could provide a extra 100 per month she would have to put the property on the market.

    We agreed to this on a short term basis as we liked the property and didnt want the hassle of finding a suitable alternative property.

     

    we were hassled every month by text message asking if the rent was going to be paid ok,we never missed a single month and on most occasions paid up to a week early

     

    may this year my husbands work hours were cut and could no longer afford to stump up for the extra 100 pounds the landlady was requesting each month.

     

    The property next door became available at 150 pounds per month cheaper than we were paying and decided to make the move, the landlady was given 30 days notice by a recorded delivery letter,all rent was paid and up to date and thats when the fun started!!!

     

    She wanted us out at 9:30am 30 days later and at the time she received the letter to the exact minute, the house was cleaned top to bottom and all carpets profesionally cleaned,the landlady ignored us on handover day and left her boyfriend to do all the talking, we were told they had to put together a detailed report and check for unpaid bills which we made sure were up to date.

     

    15 days later and still no report!!!!!,when i saw him at the property yesterday i politely asked if the report was available yet to be told very rudely that i wasnt getting my owed deposit as there was mold under the fridge,carpets replaced and urine stained mattress (WHAT????),the house was in a better state than when we took the tenancy on,he also claims to have photographic evidence and she works for a barister thats happy to take on her case if we decided to take legal action.

     

    where do we stand as we where not in the deposit protection scheme and deposit was collected by landlady from the letting agency 6 months after we moved and she went self managed.

     

    700 pound is alot of money to us at the minute, sorry for the long post but any advice would be greatly appreciated.

     

    I would call her bluff.

     

    This gives a good basic guide:

    How to complain - How to solve problems with your landlord - Your rights - Which? Advice

     

    If you paid your deposit on 6 April 2007 or later

     

    Your landlord should have paid your deposit into an authorised Tenancy Deposit Scheme and provided details of the scheme to you within 14 days of receiving your deposit.

    Step one

     

    Write to the landlord, asking for their reasons for withholding the deposit. Ask them to return it within a fixed time or provide you with a list of reasons, and receipts, to justify why they are withholding it. Say that you will be contacting the Tenancy Deposit Scheme if this matter is not resolved to your satisfaction. If you don't have details of the Tenancy Deposit Scheme that your deposit is held in, ask your landlord to provide them.

    Step two

     

    If you are not happy with their response, contact the Tenancy Deposit Scheme. It will have a free and independent arbitration service that will decide how much of your deposit should be returned.

    Step three

     

    If your landlord didn't pay your deposit into an authorised scheme, apply to your local county court for a court order. You can visit the court or the court service website for information and advice about this. If your landlord or agent has not put deposit into a Tenancy Deposit Scheme when they should have, they may be ordered to pay three times the amount of the deposit to you.

     

    You have nothing to lose calling her bluff and everything to gain.

     

    Or you can go straight for taking her to a small claims court. Send her a letter stating you want the deposit returned in full within 14 days.

     

    If she doesn't start proceedings against her.

     

    There is a straight-forward site https://www.moneyclaim.gov.uk/ which allows you do a small claims online. Just follow the steps.

     

    This gives more info about moneyclaim:

    Make a small claim online with â??Money Claim Online

     

    Hope this helps

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