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About fedupmillie

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  1. I can't offer any legal advice, but just a thought: as she is obviously trying to do better for herself by now working, could you not come to an agreement with her in terms of paying the rent? I have previously had zero hour contracts in which I was paid monthly (not 4 weekly), and the amount of times the manager did not sign our timesheets in time for us to be paid each month was amazing! This was for a national health service provider too! I understand that you need to meet your own financial obligations, thus need the rent to be paid accurately and on time, but if she is being paid weekly or monthly and then needs to adjust her HB claim accordingly, this can be such a hassle (I never claimed HB as I practically lived at worked). Could you possibly legally arrange a tenancy agreement that says how much she needs to pay, + make arrangements for the rent arrears? and then if it isn't met, you can then serve a section 21?
  2. Hi I'll break it down as I have a few queries. SITUATION On 3/12/2013 I signed a Subject to Contract form at the letting agents, and paid the deposit, first months rent etc before moving in on 6th January 2014 on a 6 month AST. at the end it then rolled onto a periodic rental, which I then signed up for 12 months fixed contract in December 2014. I received a leaflet called "What is the Tenancy Deposit Scheme" and in my tenancy contract it says "It is protected by the following scheme - The Dispute Service www.tds.gb.com" I do not hold any further information on the deposit. 3-4 weeks ago, the letting agents telephoned me saying I needed to come in to sign up again, and that my landlady is increasing my rent (about 9% per month extra) I explained that as I was looking to buy my first home, I cannot commit to a new 6/12 month tenancy. He said that I had to sign up, and I explained that last year I had been on a periodic contract for 6 months, before renewing for a further 12 months, and my landlady had previously had no problem with this. He then called me back after speaking to my landlady and informed me that she was not happy with this as her financial situation had changed, and she cannot rely on me giving 1 months notice on a periodic tenancy. I explained very politely that I had already given my reason why I am not committing, and he became very pushy saying that house sales take on average 12 weeks to complete, so if I was to start looking in February, then I would be able to move out after the 6 months AST expires in early June. (Ok, no one tells me what to do!) I briefly explained that I'm a first time buyer, and there are plenty of houses in the area with no forward chain, so the sale could be a lot quicker. He then said that if I don't sign up then I would not have much choice, and finding another property for a short-term let whilst waiting for my house purchase to go through would be very difficult, as most agents sign for a minimum of 6 months. I panicked (all bravado went out the window) and offered to give my landlady 2 months notice to quit if she let me stay on a periodic tenancy, and I also agreed to the rent increase. He has phoned me twice, asking me to confirm this. I returned his call after his first voicemail, confirming this with his colleague, and when he called me again and left another message asking me to confirm, I didn't bother returning his call as I was pretty fed up with him by now. Question 1. I emailed the letting agents to ask about the deposit, and they said that they hold a copy of the certificate - would I like to see it? Is this a breach of any law by not automatically providing it to me? TDS website says it cannot find any record of my deposit using the information I provide - name, postcode, deposit amount. Question 2. Even though I have verbally accepted the rent increase, should I receive proper and legal notification of rent increase, before I pay the higher amount in December? Question 3. As I agreed verbally to provide 2 months notice to quit when I go onto a periodic rental tenancy, to avoid my landlady serving me a Section 21, do I have to do this by law? Question 4. My copy of the initial 6 month AST has not been signed by the Landlord/Agent - should it have been? From memory, I think they signed the copy they kept (they had printed off 2 copies, as opposed to giving me a photocopy of the original one). Question 2 and 3 relate to that I really did panic, as I don't want to have to move out for maybe 2 months before moving into the place I hope to buy, as I'm worried how the mortgage lender will view this in terms of credit scoring, making sure I'm on the electoral roll etc. If I do have to commit to the rent increase, and 2 months NTQ then fair enough, I've learnt my lesson for agreeing anything under pressure. It's since I've tried to locate my deposit, that alarm bells are ringing. It took my landlady 6 months last year to replace broken fence panels, which really peeved my neighbours off. They understood it wasn't my fault and that I had chased it up 3 times. When the fence was finally replaced, it was a 3 foot wire one provided by the council (the landlady had bought an ex local authority house conversion flat). Why it took so long, I have no idea. We were all laughing when it was fitted, as had we of known, we would've spent £20 purchasing it ourselves, rather than waiting for the council maintenance department to fit it. The tenant downstairs is a local authority tenant and asked me to contact my landlady as the guttering at the back of the property is leaking badly every time it rains. This was 3.5 weeks ago, and we've heard nothing. Any information is greatly appreciated. Thank you
  3. The only confirmation I have is that I emailed their solicitor who replied by email saying it"the tomlin order was sent 27/3/15. I have my email copy that I signed and sent to them for them to then sign : is this good enough? Thank you for your reply
  4. Hi, I may have posted here previosuly, but a quick rundown of my situation - I bought a car, it was faulty, the dealership played hardball and I took them to court. I attended a preliminary hearing in January and soon after, after much negotiating, I have signed a Tomlin order and am happy with the outcome. I agreed to this, but my questions are: In order to claim back my hearing fee, I need to inform the court 7 days before the hearing that the case has been settled (by 10th April 2015), but the Solicitor has said it can take a month to get the sealed Tomlin Order back from the court (it was sent by them on 27th March 2015). * If I write to the court to say the matter has been settled, before receiving the sealed Tomlin Order, do I run the risk that I may not get my full money back from the dealership as they will see it as the hearing's been cancelled and therefor they do not have to comply with the Tomlin Order (even if it has not been sealed)? * Yes, technically the matter hasn't been settled as I haven't received my money, but if I don't cancel the hearing then I'll lose the hearing fee. * I have sent my file to court and a copy to the defendants solicitors, but I never received anything from them by the deadline date (27th March 2015). * Should I carry on with the hearing date, and turn up at court on the day unless I receive a copy of the Tomlin Order beforehand? * The Tomlin Order also has a confidentiality schedule attached to it, and all negotiations were sent "without prejudice" so could I technically win (if the judge agrees with my case), without even having to mention negotiations and Tomlin Orders? Sorry for all the questions, I managed the last 11 months fighting them on my own, but now my brain is completely frazzled. Thank you in advance for any information you offer
  5. Thanks. I don't have time to bother with epople's opinions that don't help my situation. I've read through the link and there'#s a few parts that the salesman didn't adhere to. I'm now getting emails from them saying that one of my trade in vehicles is due for a service and MOT by 24th May - considering the MOT runs out in September and that I don't own these cars... Absolute twonks:-x
  6. Thank you, I only paid £314 by debit card, the rest is the trade in of my other vehicles. I'll have a look through the link you've given me. I've bought another car from another dealership now on HP as I have no other funds to pay for a car. The car salesman for my new car was alarmed that I wasn't spoken to about warranties/extra benefits etc. The salesman at Vauxhall printed the paperwork off the day before and I just signed it. TBH I just glanced at it and all I thought I needed to check was that they had the correct vehicle details and the correct price. Apparently they should give me the opportunity to explore the other benefits I may be entitled to, even if I don't wish to purchase them. Vauxhall phoned me 4 hours before I collected the car to say there was an additional payment due to cover admin fee and road tax (I thought the car came with road tax), that's why I had a small amount to pay by debit card. ARGH!
  7. I'm feeling so fed up. I know that dealership are playing hard ball, but I'm worried about continuing this and getting no where. I guess it's because I'm worried that if I take legal action I may lose and face legal costs. I know CA have said I can reject the car as it was faulty when I bought it, but do garages have a comeback to be allowed to attempt to fix it? The manager said they are allowed 3 attempts to fix a problem... I still wouldn't be happy driving it and if I was forced to take it back I would sell it, at a loss :'(
  8. I spoke to my bank regarding Visa Chargeback, and they are saying because they have fixed the fault it is not possible to use this scheme. I explained that I didn't authorise them to further attempt to fix it after their initial shoddy work, and I didn't trust the workmanship as they had already tried to fob me off by saying it was fixed on Wednesday morning, even though I took it for a test drive which showed it veering to the right. Bank has said to send them copies of all correspondence and they will investigate it, but because it is now "fixed" they don't think I have a cae. This is completley opposite to what I have been advised by Citizens Advice, as they advised me to reject the vehicle and that I did not authorise the dealership to attempt any further "repairs".
  9. My concern is that when I took it in on Wednesday morning, they said they had fixed it and when I took it for DRIVE IT WAS PULLING IN THE OPPOSITE DIRECTION. oops sorry for caps! I hen took it back and they told me there was nothing wrong with it and a technician had already driven it and found it to be ok. I asked for it to be looked at again, and a senior technician took it for a drive and checked it and said the alignment was 100% but the car was still not driving straight. Yesterday I received a phone call to say the alignment had been fixed! I said that I was told that the problem wasn't with the alignment and they got a bit s***ty with me. I don't trust their mechanics and their attitude towards female drivers.
  10. EVANS HALSHAW! I had previously purchased a car from Mazda dealership and they were fantastic. I never thought to question the honesty and integrity of another main dealership.
  11. I traded in 2 cars and paid the remaining £314.99 by Visa debit. I was not aware that I was due to pay extra for road fund license or admin fee until the salesman telephoned me 4 hours before collecting the car! They have refused to accept my rejection letter and will not return my traded in cars (trade in value was £7500 for both vehicles)
  12. Hi I bought a 16 month old Corsa with 3900 miles on the clock on Tuesday. Within 4 hours of owning it the car began veering to the left. I took it back to the garage the next morning, and they said that they had resolved the issue. I took it for a drive and the car then veered to the right. I took it back and said it wasn't fixed and I didn't want to keep the car as it wasn't safe to drive (I had only owned it for 17 hours at this point). They said it HAD been fixed and the technician had taken it for a test drive. I handed the keys back and said I no longer wanted the car. They had a senior technician take it for a test drive and when he came back he checked it up on the ramps and said that the problem wasn't with the tracking as the lasers were 100% accurate, but they would need to take the vehicle in to examine it. Again I said I didn't want to keep the car and they said I would need to inform the sales department. I handed both keys back to the sales team and said I WOULD NOT keep the car. They didn't have any courtesy cars, but managed to arrange a demo to be loaned to me. I was there for 5 hours that morning. Today I had a phonecall from them to say they had fixed the problem with the tracking! (I was told that the problem wasn't the tracking and they weren't sure what was causing it) I was also told to hand back the demo vehicle. I have spoken to citizen advice who advised to hand in a letter rejecting the vehicle, which I did this morning (funny how suddenly the car was "fixed" a few hours later). They have since informed me to hand back the courtesy car as it is not a legal obligation to provide me with one. I am doing this in the morning. The manager has said he is rejecting my rejection letter, refusing to refund the cost of the car (8k), and also refusing to give me back my 2 cars that I traded in by saying he "doesn't know where they are and that they may be in the garage getting repaired or somewhere" My problem is that I have no car, 8k in debt and I work in the community and my father is in hospital 100 miles away so I desperately need a vehicle. WHAT DO I DO??? COURT ACTION??
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