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cleanslateguy

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  1. I booked to go to Australia via Skyscanner on January 10th - £1430 via agent Travel Trolley based in Southall UK. Etihad flight to Abu Dhabi and then to Melbourne and return April 2020. Flights were canceled by airline and emails sent confirming this on March 18th. I began contacting to request a refund even before consumer action groups started to remind people of UK Law and EU Denial of boarding regulation which entitles money back within 7 days. Airlines are trying to bail out their own business with consumer money which is wrong. I have emailed to refuse a voucher as I don't know if I will be able to go to Australia or what will happen. I emailed on April 21st stating that if I am not refunded I will then be forced to go to small claims and I sent an email stating my next will be Letter Before Action notifying them of potential costs in solicitor hours + VAT, time for letters/emails, court fee itself which is £125 plus travel expenses to go to court so it may be a total of £2300 being reasonable and not being a disproportionate cost: I got a PHONECALL from someone at travel trolley stating that they WILL refund me but it is taking longer to get money back. The same dude now send me an email after I ask for an update today, stating that I CAN CONTACT THE AIRLINE. I would like to move to small claims as I have already been through it twice before and know the process. has anybody had success or similar experiences?
  2. Thanks a lot Andy. My main concern or question,. i guess, is can i submit my counterlclaim for disrepair and damages at a hearing for a claim for posession (as per normal rent arrears etc...)?
  3. These are pre action protocols for claims under Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. I do not have a mortgage and the above link would be incorrect for the question posed. My question relates to Section 21 posession claims and counterclaims....
  4. Thank you very much for your response. The only section in the original post I wish to be addressed is the first part: Can i Counterclaim for damages and delay eviction in Section 21 Hearing? I know there are Pre-Action Protocol for Possession Claims by Social Landlords in court... What is applicable in the case of posession claims from private landlords?
  5. 4 years of disrepair that was finally repaired after council involvement. I need to claim for damages over those 4 years and illness and rent abatement due to the property that should not have been let due to cat 1 and 2 hazards and mould. Notice given to LL at the very start and always ignored.... Also... court action was taken for posession before the end of the fixed term. Also.... landlord did not have a valid licence prioer to issuing section 21 which renders notice invalid via council. Also.... Technicality.... different names and addresses used in tenancy agreement, court papers.... different surname I am very confident I can have the case thrown out due to the invalidity of it but can one do this or is it only against a section 8 notice that one can claim against rent arrears and damages etc?
  6. I have sent a very interesting without prejudice offer to the LL. It's not the nicest of two options but i have a hands down counter claim to win as I can state multiple breaches of contract that all violate sections of housing act and landlord and tenant act. Issues were prevalent and existing prior to my moving in and i was allowed to move into the property despite it being hazardous.
  7. What about these?: https://www.croydon.gov.uk/housing/privatehousing/croydon-private-rented-property-licence/information-for-tenants "As a tenant you will receive better protection from eviction as a Section 21 Notice is invalid if a property is not licensed." http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants "If your landlord breaks tenancy deposit rules In many cases, a section 21 notice won't be valid if you paid a tenancy deposit to your landlord or their letting agent and any of these apply: it wasn't protected in a government approved tenancy deposit scheme the deposit was only protected more than 30 days after you paid it your landlord hasn't given you required information about the tenancy deposit scheme used" https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy "You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term." I signed a new agreement annually... my fixed term ends 30th June 2016
  8. There are no particulars of the claim form other than, date of moving in, and that a notice was served. It is a Section 21(b) that was served on the 13th of March 2016. The end of the fixed term is 30th June on the tenancy. The date it gave on the Section 21 was 18th of May. In Section 21 of the Housing Act it states that eviction cannot occur before the end of the fixed term which ends on 30th June in the Assured Shorthold Tenancy. I have a landlord who has commited multiple breaches of the Housing Act and contract set out as per the tenancy agreement in failure to maintain the property to the standards set out by the Housing Health and Safety Rating System. The breaches of this are listed in the CMB Inventory that was given to me upon moving in 2012 so none of the issues are new and all pre-existing prior to moving in. First property I had ever lived in and was unaware of all my rights prior to this or in the short time after moving in. I now know. There is no Part 20 on any form that I have for defense nor for the claim form for accelerated possession of a dwelling.
  9. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  10. The Letter states: 12th April 2010 I am delighted to confirm your change in role from Trainee Sales Executive to Sales Executive as from 1st April 2010. Your new Salary will be £11,000 per annum and you will benefit from a non-contractual bonus/commission scheme. The company reserves the right to alter bonus schemes periodically. All other terms and conditions of your employment will remain unchanged. I would be grateful if you could sign and return to ADMINISTRATION at BRANCH, one copy of this letter as acceptance of change. DEALER PRINCIPLE Contract: IN the handbook it states that NON-CONTRACTUAL COMMISSION AND INCEMTIVE BONUS SCHEME OPERATE IN SOME DEPARTMENTS. ANY SCHEMES ARE COMPLETETLY DISCRETIONARY (Discretionary in terms not in whether you get paid or not. All must be paid for work done) AND WILL BE SUBJECT TO TERMS AND CONDITIONS AS THE COMPANY SEES APPROPRIATE (which means they can change the scheme parameters if they wish to do so) THESE ARE INDIVIDUALLY NOTIFIED TO YOU BY YOUR LINE MANAGER AND MAY VARY FROM TIME TO TIME. COMMISSION PAYMENTS ARE MADE ONE MONTH IN ARREARS.
  11. Hello. Of course I have a copy of the contract. There would be little point in me even coming here making a thread if I didn't I have everything I need to prove that I was entitled to commission just like everybody else. I have a letter dated 1st of April declaring my change of position formally and that I WILL benefit from the commission scheme as per the employee handbook which I also have and the scheme which I also have details about what percentage of what is entitled to of a sale that is made. What I require some advice on is process and order. Money claim etc. Have you ever done this yourself Emmzzi?
  12. 1. Not made redundant 2. Everyone is on probation in every company even when being paid commission. 3. If you retail a vehicle, there is money there to pay for everything as you are receiving commission due to making profit that would not have been made had the executive not been there to deal with the clients and serve them/sell. 4. Employed from Jan 2010 - April 2011 5. The Scheme is discretionary.... not the payments themselves. It is a discretionary commission scheme which means they choose who will be on the scheme and who is entitled to be on there. The letter states that you WILL benefit from the discretionary COMMISSION scheme. This does not mean that one may or may not be paid dependant on how the Managers/CEO feels at the time of paying people at the end of the month.
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