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Consett26

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Everything posted by Consett26

  1. Thanks very much for keeping this thread updated. I'd be very interested in any further developments if you don't mind
  2. The arrears (or lack of them) are probably a bit of a red herring - the Op has been given a section 21 notice (I'm assuming that the property is let under an AST.)
  3. In case you're not already aware of it: the Late Payment of Commercial Debt Act exists and can be very useful to small businesses
  4. Yes but I was trying to help the OP given the situation that they are actually in rather than one they might/will probably be in. As things stand ll has served what purports to be a S21 but which isn't valid because the deposit in unprotected (if I understand things correctly)
  5. Is the S21 valid though? The OP says that the deposit is not protected
  6. Update: I gave him a week to collect them. He didn't. After he missed the deadline I asked for his bank details so I could pay him what I got from selling the ladders and he said he'd be there the next day. He wasn't, so the day after that I put the ladders up for sale in a local facebook group. An hour later they were collected
  7. Brilliant! Thanks very much. It looks like section 12 and schedule 1 part 4(1) apply to my situation
  8. He would disbelieve that they were stolen, certainly without me being complicit. They are huge - in excess of 5m and three separate ladders that weigh a considerable amount. (The same thought has crossed my mind) Can I legally dispose of them after the notice period? What law allows me to do this? It would be useful to know so I can quote it when I give him the ultimatum
  9. Three weeks ago I had the fascias on my house painted. As I live in a three storey house this necessitated the use of a very large set of ladders. When he finished the work, the painter asked if he could leave his ladders at my house until Friday. I agreed. On Friday he did some remedial work and asked if he could leave the ladders until Monday when he would have his large van. I reluctantly agreed out of pragmatism – there was little he could do if I’d said no. Three weeks later, the ladders are still here and he won’t return my calls . I’m of the opinion that he i
  10. The T&Cs say "If the funds aren't available in your account, or if your card has expired, you will be notified and given the opportunity to pay the amount due." Something has gone wrong with the final payment for whatever reason but she should have been notified and given the opportunity to pay it before they cancelled the ticket. Its only following a failure to pay after notification of a missed payment that she is at risk of the ticket being cancelled. ("After notification if you are unable to process the amount due you may incur additional charges or your booking with be cancelled
  11. Re one standing charge per meter: Are we saying that customers on economy 7 (two meters; one for day, one for night) should/do pay double the standing charge compared with a standard meter? That doesn't seem right to me. Re three meters: In the dim and distant past there was a tariff called "super tariff" that billed at three different rates; day, night and heat. Customers on that tariff had three meters, one for each rate. Its possible that the OPs property was on super tariff in the past and that SPs inability to deal with the situation is due to them having no concept of super tariff
  12. BT are putting their prices up so should allow you to leave early without penalty. This is from the email I got from them on 10/02/2017.
  13. What are you on about? The OP has nothing to do with which cases are heard in a county court and it isn't limited to small claims. It also includes fast track and multi track. From https://en.wikipedia.org/wiki/Civil_procedure_in_England_and_Wales "The County Court hears all Small Claim and Fast Track cases. County Courts designated as 'civil trial centres' may also deal with claims allocated to the Multi Track." In other words, all small claims are heard in county court (as are fast track claims) but that doesn't mean that all cases heard in county court are small claims. County cou
  14. Nope. County courts hear cases on the fast and multi tracks as well as the small claims track
  15. Have posts gone missing? This is the first I've read of a claim and counter claim.
  16. I haven't misunderstood anything. The OP wanted to know if what he'd been told was true - that the parking company had breached the DPA by passing his details on to a DCA (like MIL) and it matters not if the debt has been assigned or the DCA is acting as an agent for the parking company. DVLA have said that, under the terms of the KADOE contract, a parking company cannot pass data onto MIL without DVLA's permission. They didn't have this permission ergo the data has been disclosed to a third party (MIL) unlawfully. It makes no difference what the parking com
  17. Sorry, but I disagree. Surely if the data is obtained unlawfully, any processing that is done with it, including passing it on to a DCA, is likewise unlawful ETA - it seems that DVLA take a similar view ;-) http://parking-prankster.blogspot.co.uk/2017/01/dvla-confirm-massive-data-protection.html
  18. He isn't talking about suing the DCA though. If you go back and read the very first sentence of this thread, it says "I am suing both a Parking company and a Supermarket company." As I see it, he was asking whether the release of his details to the DCA constituted a breach of the DPA by the parking company
  19. And here's a report of an example of DPA damages(albeit settled out of court) http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
  20. No he isn't following fotl stuff, he's following established law (principally Vidal-Hall Vs Google Inc and Halliday Vs Creation Consumer Finance Ltd) . Its well documented on sites like parking prankster. Unfortunately the clear guidance I linked to above from elsewhere has been deleted because it broke site rules (the linked site is commercial). Having said that it shouldn't take more than a couple of minutes to find either that site or one with similar advice via google
  21. It is if they had no entitlement to process the data in the first place. I think this is the route the OP is going down [external link removed - please read our rules -dx]
  22. My guess is that they were originally generated against estimated reads. Then, when they got a firm read either from you or a meter reader, they went back and proportioned the actual usage against each of the billing periods back to the previous firm read, regenerating the bill each time. (Northern electric used to do this so that the correct tariff would be used if there'd been price changes between the two firm reads). Did you supply a reading as part of the attempted transfer?
  23. That's a very similar situation to the one that I was in. The whole house/flat is clearly not in the exclusive possesion of me/the OP but in my case the judge ruled that, because I had exclusive possession of one of the bedrooms it was an AST
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