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  1. Hello, I wonder if anyone can help. Early on this year, I worked for the NHS for just over one month before handing in my correct notice to leave for another job. Since then, I have received letters from the NHS claiming that I owe them money, for hours worked/hours paid. On looking at the figures they supplied, it transpired the opposite was in fact correct, the NHS owed me money along with some travelling expenses incurred while in training. I have contacted the NHS department in question and told them that I dispute the claim they have made, I was assured that they were looking into the matter. However this morning I received another letter from them, this time stating that they may "Exercise their statutory rights to claim interest and compensation for debt recovery costs" I have phoned them again today and spoken to the people concerned, however this time, I wish to back it up with a formal letter that tells them that this payment is under dispute, I have the money to settle the dispute if it come out in their favour. However until this is reached I would like them to stop with the letters threatening action. I have a house and mortgage and do not wish to have any form of credit action on my file. What areas of law am I covered by if they disregard the letter and continue to ask for payment which is disputed? I find it quite distressing that they can continue to send these letter threatening action towards me, when I strongly believe I am correct and they owe me money.
  2. Hi All, My problem is this (this could turn into a rant due to me frustration, so apologies now lol): I got a credit card with Sainsburys bank in 2003 In 2006 I had an accident and ended up out of work, as a result i incurred an awful lot of overlimit and unpaid DD charges plus interest. I went for debt advice and was told to offer a £1 a week for the foreseeable future while I got back on my feet. (At the same time I nearly lost my house and had to VS my car and i was suffering with anxiety and depression) What I wasn't told by Sainsbury's Bank is that the agreement to pay a £1 stopped after 12 months. I didn't receive a letter to inform me of this until I received a letter saying thank you for setting up a DD. By then they had started charging my account with interest and all the charges. The DD were coming out at the minimum but the chrages and interest were swallowing it up and I was not paying anything off at all. After getting advice I put the account into dispute (which I was told would freeze interest and charges while we worked it out) This did not happen and they continued to take payments. (this was causing me to incur bank charges too so I cancelled the DD that I didn't set up in the first place. I sent out a letter of complaint and officially put the account in dispute. We negotiated via letter ( some of which I have) and they offered to refund a small amount of the charges. While this was going on they were still sending debt collection letters too) I sent a letter saying thank you for your offer however I will only accept a full refund of all charges and interest applied to my account, I then said I would then be willing to set up a standing order to pay back an amount that I could afford per month and obviously not use the card again... I never received a reply although I sent the letter 3 times recorded delivery (I might have the proof somewhere...) While awaiting a response it was passed to a debt collection agency, then another, then another and has been so for the past 5 years. In this time I have attempted to sort this out by explaining to the debt companies that the account is still in dispute but they will not listen and insist I owe it. The amount in question is £2770, the majority of this is charges applied before and during the dispute. I received yet another different debt agency letter last year and stupidly thought that I was over the 6 year mark. The reason for this is that I did not ask or acknowledge the debt willingly after they revoked the £1 agreement and forgot that they had took it upon themselves to set it up themselves. (they have also done this in 2011 with my new account, I have no idea how they got my bank details) They didn't take anything and a dd wasn't registered with the bank so I must have cancelled it in time) As I have had approx 8 different debt agencies sending letters but never taking it to court I assumed it was because they knew that an account with charges etc was not going to be an easy one to win. I wanted to get this resolved but my experience of courts has not been a fair one. I have a letter stating that I am seriously disputing the amount owed and i have a response from Sainsbury's offering a refund of some of the charges. Can anyone offer advice on where I stand with this please? If I have to pay all of this when I did try to resolve it 5 years ago I will be devastated, especially as most of it is unlawful penalty charges... Sorry for such a long post andthanks in advance.
  3. Hi,I will make this brief. I am in dispute with a Glazing company. It has now been tracked to my local court.I have submitted a defence the claimant hasn't responded to this within the time period laid down.We are to supply any witness statements and evidence. The dispute arises that they fitted the wrong item as ordered and damaged on installation, and took 6 months to complete which should have taken 1 day.I incurred extra trade and other costs due to this fact.I have paid deducting these figures, I am being pursued for the balance. For completeness and assist the Judge which point of consumer law would assist my case. Thanks
  4. Hi all, First time signing up but have been lingering for some time, although I do have a problem some may help with regarding a divorce contract. Now, this should be a fairly straightforward divorce as all the paperwork was needed was ready for them and no dispute from the other half - straight forward divorce. However, as time went on, he realised that some of the work done was duplicated and charging for work that had already been provided to them. I believe in one instance they charged him for work outside the contract which they shouldn't have done. Now once he realised he requested to put the file on hold and send out everything to do with his file so he could review and all the charges. After looking at his file its clear that there are charges for work that isn't on file, duplication of work therefore duplication of charges etc. He then decided to query where all the charges had come from but they have appeared to side step the questions and answer completely differently. He also made a formal complaint to which their complaints policy allowed a 14 day response, in fact took the almost 4 weeks to respond! Nevertheless he has refused to pay anything further until they can provide evidence of the work and also the additional charges and reasons. they have decided to stop the work and pass it onto the debt recovery team. This has been ongoing for over 2 years now and numerous letters have been sent and as of late are now being ignored. He has complained to the Legal Ombudsman but as he was out of time they were not much help but did hint that if he took it further he was likely to be successful. This is an issue of costs, and he would now like to now recover the cost of the money he has paid so far due to their ignorance of letters and failure to respond to any of his reasonable questions regarding the charges. Obviously in any event settle the disputed amount and carry on with the contract. It seems like the firm have ballsed this one up and from the start as appears the original file handler is not longer working there after questions were raised! can he do anything about it? I have never come across a case where someone with a debt to a firm/company to take them to court in order to either settle the disputed debt or void the contract and return the parties back as they were before the contract was entered into. Obviously mediation may be an option? Could he argue a breach of contract for failing to fulfil it the contract? On the flipside they can argue the contract is not fulfilled due to him owing them money. He does not want to leave it as they have already been paid almost £1,000 and not done very much. Any help would be greatly appreciated.
  5. Hi everyone, Bought a second hand mini cooper for my other half from this dealer: Jxxx Cxxx Limited in Hendon (please avoid them by the way, really nice and sweet before sale and absolutely rude after sale). The car was purchased last Saturday 7 June 2014. Yesterday I drove it to pick up some wheels about 50 miles away. About 20 miles from home on the motorway the car rev itself to 6000rpm and stalled. I was able to pull over, started the car again and 10 minutes later the same problem happened. I then decided to go home and on the way home, the issue happened another 8 times so 10 times in total. The car when advertised was full of nice words but this problem was not mentioned at all (wouldn't have bought it if I had known this of course). I've done some reading and I think I'm entitled for a refund. Called them up and as expected they said "no refund, bring the car back to us so we can check it out". The car cannot be driven safely and I don't think I can reach an amicable solution with them. Please could you advise what are the best next move for me? My plan is as below: - Send them an email + letter as written confirmation requesting a refund. Let them know that I will be taking necessary action to get my refund as I'm entitled. - Call Trading Standard to report the problem. What else should/can I do to put the pressure on them for a refund? Many thanks for your help in advance.
  6. Hi, Wondering if anyone can help. I had a letter on the 28th from RBS saying that they have tried to contact me to ask me to pay money into my "account or accounts".It also threatens to impose a Default or Termination notice. On top of that they say they have passed my details on the Power2Contact and have cancelled cards and chequebooks. Nowhere on this letter does it say what they think I owe nor to which account it relates and I have checked my online banking to see that I am within the agreed overdraft limits on my overdraft, my loan is paid up to date and my credit card is in balance. They want me to call them on an 0845 number between Monday-Saturday 8-9pm. unfortunately I work from 8-11 everyday but sunday and have no time to contact them, nor do I wish to call them on a premium rate number. I sent them a letter yesterday to ask what monies they think i owe and to which account it relates, i have also told them that I cannot call them on the hours they state. Has anyone else had a similar issue? I'm not sure why RBS can't send me a letter telling me what monies they think I owe? Thanks
  7. I believe that Sixt is trying to rip me off. The facts were as follows: - The rental was for one day for £30 - I did not take the overpriced insurance. - The car was scratched / scuffed / damaged all over. - On return, the car was extremely thoroughly checked (delaying me needing to go to work) - Some non-recorded damage was found. - It was minor scuffing to the wheel arch. - I was asked to sign to check in - I did without being told what I was signing. - Having been informed by email, I complain to the full extent. - Several weeks later I received a bill for £338 for repair. - I have checked their terms and conditions. - The terms say that I am responsible for the "reasonable cost" of repair unto the excess for damage while in my possession. - Sixt say that I signed it in and out and that I am liable. - I have asked for evidence (10 that the repairs are or will be carried out, (2) a discount will be applied because of the the extensive cosmetic work required on the whole car, (3) the cost of the repair they claim is reasonable. - I have received no reply to this but weeks later (after my interim chasing) a further "reminder" to pay the £338 plus a late payment charge came through. My view is that (1) the likelihood is that I did not cause the damage, and (2) the charge is excessive. The whole process defeats the purpose of a convenience hire of a car local to me for the day for a short trip. A car hire cost of £28 with a bill of £338. I am also of the view that their contract and practices may be in breach of unfair consumer contracts legislation. I appreciate that I may be in a weak position re: their checking process and documentation. but my sense is that there is a possibility of sharp practice going on. I am minded to charge Sixt for my admin time - which as a busy professional is likely to significantly exceed the amount they will recover from me if successful in their claim. Has anyone else had similar experiences of Sixt? I had used them previously - mainly outside the UK - and found them to be excellent, with great cars, reasonable rates, smooth processes and polite employees. Sadly, I am unlikely to use them again.
  8. Hello, I am having problems with a dispute with a training provider. The dispute has been ongoing for nearly a year. I hope there can be help with this unhappy issue. I studied a "foundation degree" a while back and am unhappy with the way they (the college) have treated my complaint. I want my money back because I strongly believe the service was of exceptionally poor administration and not value for money. The administration of the course was extremely poor, the teaching was lacking and the vocational learning non-existent. In addition the lead lecturer clearly did not know the subject. There were no areas of work based learning offered and little material substantial to the area. In response to complaints of lack of expertise or lecturer handling of the subject, we were offered third party courses. These were available from one computer at set college times. The college has later denied a complaint took place and that the case was that the course was not for me. The college has refused to discuss the intricacies of my complaint (professional practice; relevant technology; conduct of staff) and thoroughly insisted that this is a personal student experience. In addition, the complaint is not to be upheld due to positive anonymous student comments and verification by an external verifier. And finally, they have openly aserted that I am a drop out. I was student representative of this course and heard many complaints regarding the course from other students. I was laughed at openly by the said course leader several times. The Skills Funding Agency have also insisted that as a corporate entity, the college is allowed to answer complaints as it sees fit. As such I am not eager to let the matter drop as it was very degrading. I am wondering if it is worth it to continue a complaint with the ombudsman as they have shredded me every step of the way, and I only know that I 'received' a final decision from correspondence with the SFA. I have demanded all records of my involvement at the college published under the FOIA, but of course this is a DP issue. It has been months and the college have yet to acknowledge my request anyway. I really appreciate any feedback whether positive or negative. **Long story short, went to a college, did a University course, got very bad value for money and have had exhausted their complaints procedure.
  9. hi all.... not sure if im in the rite forum but here goes... had an egg credit card 10 years or so ago for one reason or another it never got paid ect ect... no payments have been paid on this since 2009 and ive just ignored it hoping it would kind of go away. until 3 weeks ago i got a letter from WRIGHT HASSALL stating they was filing for bankruptcy if i didnt clear or start to clear the debt.. so armed with the letter asking to see my signed cca with my pound postal order i went swanning off to the post office... to which i got a reply a few days later with a printed statement saying that sending the pound postal order and even though the last payment i made was in 2009 this was acceptance to the debt. i didnt reply to this then a week or so later i get another letter with a "reconstituted" copy of the original terms and conditions and a copy of the current terms and conditions???? followed by a paragraph. We now look forward to receiving your proposals for repayment in 14 days blah blah blah..... ...... on none of this was my original signed dated copy..... .. im a litted lost as to what to send back to them. any help ideas or input would be greatly appreciated cheers
  10. I've just had the forms from NatWest for PPI on loans going back as far as 10 years. I'm a little confused as I was told (by NatWest) that there was a time limit of 6 years on making these claims. There are a number of reasons why I believe I'm eligible to reclaim the PPII was told repeatedly that not taking PPI meant I was more likely to be refused a loan My employment over that period changed between employed and self-employed, the staff who completed my loan application knew this and didn't imform me that this would mean I might not be covered by the PPI A staff member told me to always put 'employed' as my employment status even though I changed between statuses & advised during one application I would soon be changing employment status - they didn't mention any of the implications regarding self-employment I have a number of debts outstanding with NatWest that I am paying in an informal debt management arrangement as well as a number of debts with other providers. My NatWest current account has been closed in so far as I can no longer use it. However it is open in the sense that I can still use the sort code and acc number to make payments to pay off the overdraft I had when I closed it to begin paying off my debts in an arrangement. What I'd like to know is: Can NatWest force me to use the money to pay debts I have with them or can I request they pay me by cheque? (I have debts with other companies so I would be required to allocate the money equally between them if I was to use it on my debts) Am I best giving all the reasons why I think I was mis-sold or just to stick to one and keep my answers on the form brief (they're a bit of an essay currently!) Thanks in advance.
  11. We are in private rented property and have told the landlord to use the deposit as the final months' rent (she gave us notice having said she was going to sell the house). We have had flooding, the gas fire is condemned, one of the chimneys is in a dangerous condition, mould grows in the house, the Stanley gas cooker/boiler is antiquated and regularly breaks down. The landlord has threatened to tell everyone in the town what dreadful people we are, as well as my employer and to post it on the Landlords Association forum. She has told us that she is going to issue a summons and get a ccj against us and we will have to meet all of her costs. we have never been late with the rent, all bills are fully paid up and the house will be left in immaculate condition. Any helpful thoughts would be most appreciated.
  12. Hi all, We moved out of our property about a month ago. Within the 10 days the landlord requested 200 pounds worth of deductions, and we've been given the rest back by the agent. We've repeatedly asked him for what these deductions are, and so far he's only mentioned some supposed damage to a sofa which he says will cost 60 pounds to clean, then if that can't be done, more may have to be spent on repairing it. We wish to dispute this, as we absolutely did not cause this damage, and will do so with the mydeposits dispute service. However, we still don't know what else this 200 pounds is supposed to cover. We've asked for a list a number of times and all we get is the mention of the sofa. I guess he's just hedging his bets in case it costs more. I want to dispute this, but my concern is this - we need to submit evidence with our dispute, so how can we do that if we don't know what the majority of the claim is for? If we only submit evidence about the sofa, he could then change his counter claim to add in 140 quid's worth of other issues, which we'll have no chance to submit evidence about. What's our best move here? Should we demand a finalised list before we dispute, or would the fact he hasn't given us one yet count against him in a dispute? Or will we be given a chance to counter with evidence if he brings up stuff we haven't been notified of yet? Thanks in advance for any help with this. Louis
  13. I've had a disagreement with my landlord over penetrative damp coming through a plug socket. Other than this issue there is little else I'm too bothered about with my tenancy. Please take a look at the below images. (If a mod couldn't edit the link to work after checking it that'd be great) hxxp://imgur.com/a/LAma8 I notified my landlord of this after discovering it in my new tenancy (who had already been notified by other tenants previously). I explained I felt it was a serious electrocution hazard and probably a fire hazard. My landlord put it in writing that due to good weather he was busy doing repairs on other houses that had broken fences/gutters. I disagreed with this and felt that despite this being ignored for sometime the presence of a young child meant this should be an emergency repair. Broken fences and gutters can't electrocute people, his priorities are wrong here right? Anyway, after 3 weeks of dilly dallying I eventually put my foot down and said if it were not addressed I would be calling the council. Someone came the next day but I was out (common area in shared house, allowed access without warning I think). All that has occurred is the faceplate being replaced with a flat one without plugs. My landlord tells me the electrician has stated that this is now safe and is ignoring my communication. I have a feeling he's telling me porkies and that this is in fact still dangerous and/or a fire hazard. What should I be doing in this situation? He has told me as a result of the back and forth of me trying to get him to do SOMETHING (prior to the council threat) that I am the worst tenant he has had of 100s in his 17 years as a landlord. I feel like I've been pretty reasonable and just wanted action on a dangerous hazard. I still feel like it's a fire hazard and further action should occur. What should I do here? What are my options? What do the experienced here think? If opinion is against me then fair enough, I'll put my hands up and admit fault and lack of reasonableness. I however feel like this should have been resolved in the kind of timescale that an owner-occupier would have prioritised it, and with a small child regularly in the house I feel like that's a hazard worthy of immediate repair. Yes? No? Right? Wrong? Thoughts. Thank you very much all.
  14. Hi, Im new to these forums but I hope this is in the right place. I am renting a room off a landlord that has incredible ventilation issues. The room has a door from the kitchen and double glass doors onto the garden, however these doors do not open. I have contacted the landlord several times and he refuses to fix the door for no apparent reason but he said he may put a passive vent in the door (noway near acceptable for me). He has kindly left me a hammer to smash the windows in an emergency however as the doors are double glazed it will be hard work I imagine! The issue I have is even when it was cold I had to have a fan on constantly to get any aeration. Now the weather is heating up the room is becoming almost sauna like and all a fan does is blow hot air around the room. I have also contacted the previous tenant whose contract I took over as I assumed the doors would open when I saw the room. He said that the landlord said he would send a locksmith round several times to no avail. He didn't tell me about the doors as he knew no-one would take the room if they knew the truth. I ask anyone who has any knowledge on these things if it is a legal requirement that there is an open window in a rented room. I have found a Northern Ireland website which states this but the rules may be different in England. It looks like I may be able to get early termination anyway as my landlord has not protected my deposit after nearly two months so I am looking at this avenue, however the more options I have the better as I am determined not to let him walk all over me. Any information would be greatly appreciated. Stephan
  15. Desperate for advice This is somewhat complex but THANK YOU IN ADVANCE FOR READING. Please advise as this making me so unwell. I rent a flat which is owned privately, it is managed on behalf of the owner by an agent. The flat is 2 bed and is in a multi complex unit managed by a temporary debt recovery firm. My tenancy commenced 2009. I was advised and have proof that I was going to be linked by the agent, to all utility companies. This was successful with Gas and Electricity but I soon learned that water was indeed privatised and known as resale. I did not agree to this and my concern was supported when bills were finally issued. I took dispute with the billing procedure as it had no consistency – often 8-10 months between invoices and they were not itemised in terms of meter readings or unit costs or how the breakdown in costs were achieved. I have a water metre which is located outside of the flat, the key to which I was told only last year is my front door key. I contacted the previous management of the complex and there began my ongoing dispute. I will make clear that until 2012 I paid all bills for which I have receipts. In June 2012 the new management company took over due to the bankruptcy of the previous owner and through my diligence in pursuing lawful billing, I became aware that the previous company left owing SW water £10,000.00 in debt. I later learnt that the bank to which I paid my bills was the private account of the then owner. I accept that this does not affect me in that the debt was written off by SW Water but I stated in an email to the new company that I wanted, as I had been mid dispute, to have all future bills detail when readings were taken, how the charges are met, unit costs/any administration costs etc. I have emails evidencing all the above. On January 25th 2013 an invoice was finally sent to the owner of the property, this was sent then to the letting agent who finally forwarded it to me in March. I must make clear at this point that bill is in the name of the flat’s owner but of course under tenancy agreement I am responsible. The invoice was dated for the period of 19/06/2012 – 28/12/2012. The balance due as stated on the invoice was for £346.88p. No meter readings as requested, no breakdown in costs, nothing but a sum total. I paid the management company of the complex as the bill was issued by them and it was them with whom I had raised my concerns, as providers. I set up an arrangement to pay instalments of £65 per month as of April and paid x 3 instalments plus 1 ad hoc payment of £35.96p in total £577.84p. Meanwhile I pursued with my request – itemised bills. The management company of the complex clearly became frustrated with this as they contacted me end of July 2013 to say that they were returning the full payment and that they would not correspond with me further as I am not the owner of the property. They emailed this with written confirmation that until this date my bill was £577.84 they refunded the amount in full. I contacted the letting agent who until that time remained uninterested and obstructive – ‘You’re the tenant just pay’. I advised them that I could not make payment to the complex and that I would pay the letting agent which was agreed but I maintained that I wanted lawful billing asking – would you pay any sum placed before you not knowing how that sum was achieved? Many emails exchanged which have been incredibly stressful, I am currently on S/L due to depression and it has taken me a week or more to face this next stage. I’m exhausted. The letting agency were finally in receipt of breakdown in costs, in January 2014 I receive my first itemised bill £1449.49 the breakdown in costs runs into difficulty when the reading for the period of 19/06/2012 – 18/12/2012 (some 10 days difference to original) £97.28p more? Interesting though to note that they go on to state in emails between the letting agent and the management of the complex (email I believe linked to me in error) that my overall bill for Water and Sewerage would have been £2,403.87 since 2009 how do they reach this figure without record of accounts (which they say in email they do not hold) and if it is for the period of the commencement of tenancy, that would mean an average yearly bill of £480.6p which falls in line with the average yearly bill for South West Water and Sewerage usage based on a household that is metered as quoted by OFWAT and the water consumer counsel. I would accept this. So how do they suggest that since June 2012 - June 2013 I owe £1074.61 twice above the average yearly use? I believe my bills to be excessive – they average £95 per month? I ask this but the representative at the letting agency sits in as judge and jury and vets my concerns asking ‘more proof more evidence’ He bullies and belittles me, he sends emails that frustrate me as I am unable to communicate with any other person – It appears he has made this personal now asking that I pay £140 to credit check my daughter who has been living at the property since the start of tenancy – they knew this. I have 14 days to comply. The current situation is I am stating to my letting agent that as I have evidence that until July 2013 my bill was paid in total, I will await an invoice from that period to present day. ‘NO’. I stated that I had met my contractual obligation and cannot be responsible for the management complex now saying that they made a ‘clerical error’ and that I am to pay the sum in total with immediate effect. I have paid the £577.68 and am currently told by the letting agency agent that he will not forward my concerns. The letting agent states that I do not have a case, he is the manager of finance and in my opinion not in a position to judge what is communicated or not to the providers. I understand this is a bit complex and I have tried my best to explain it but as I said I am currently unwell and this only serves to cause me great distress – I have a folder of emails proving the inconsistency of figures. Finally, I have been to CAB they advise civil case, I had an appointment with a solicitor who advised that it may not be cost effective to have legal advice due to costs. I am a single parent, working but lone responsibility for all outgoings. Many thanks for your time if you have read this, feels somewhat reassuring as I already feel less alone.
  16. Hi guys, I'm just trying to get a bit of advice for a friend of mine who's mother has recently passed away. He has lived with his mother all his life and has been her carer for the past few years. The house they live in was left in trust by his grandmother, his mother and one brother were named as trustees. The house was left for his mother to live in as long as she wanted, after this the will states that if the house is to be sold the monies are to be divided equally between all four of her children, or her children's children if their parents are deceased also. As it stands there is one surviving sibling, but both siblings that were named as trustees are now deceased. Two of the deceased siblings both had two children, my friend is the only son of the other sibling. The questions that I have are: 1, If the will was to be dealt with by the trustees are the siblings of the trustees now the ones responsible as the last remaining son was not named in the will as a trustee, only mentioned as to he should get a share of the estate. This son thinks that he should be the one to deal with it, but is this legally the case? 2, My friend is still living in the house it has been his family home for around 20 years, and he is entitled to a quarter share of the house as stated in the will. His remaining uncle is keen to force him out and sell the house. My friend wants to continue living in the house but where does he stand legally? Thanks
  17. Hi, Ive recently had a fraudulent payment from my bank account, the Halifax have said they dont see it as fraudulent and have refered it to there disputes team, as a result its cost me £110 & today they have offered a £40 compensation payment to me, can anybody help me please & also can someone advise how I should proceed. many thanks lee
  18. Hi Lee Need your help... Your staff members are being incredibly unhelpful and i cant get an answer. The £3.50 charge for non-DD i believe is unfair and the OFT set it out that the charge can only be upto the ACTUAL cost. I have quoted this to your staff since the inception of it this year. Its started to be invoiced to my number ending 154 and i dont think its fair... Especially how much i pay. So Lee... Why are your staff being unhelpful? I want something put in place to PREVENT the charge being applied as its unjustified. Your staff seem to think that im willing to set up a DD for such a large amount of money. Ive tried to find the link to email you, but i cant see it as the contact us section has changed from when it was around.
  19. Hi, apologies if this question has already been asked - I've searched and haven't been able to come up with anything answering my questions. Any help would be greatly appreciated, I'm in quite a muddle! I was a lodger in a landlady's house for two months last year. I paid a deposit of £420 and signed a lodger licence agreement (relevant clauses given below). My landlady is now refusing to return my deposit for the following reasons: (1) A month's prospective rent (£420) lost because my room was in such a state that she was unable to show the room to prospective tennants and was unable to get a tennant to take my place as soon as I left. (2) A week's worth of lost earnings (£500) that she suffered due to induistrial cleaning (carried out by herself) of the property after I left it in 'an incomparable state of dirtiness and smell'. (3) An additional week's worth of prospective rent (£105) she lost out on because of the week she spent cleaning. With respect to claim 1, while my room was untidy, it wasn't unclean, and I was never notified, in person or writing, that my room was in an unacceptable state and that this was stopping her from advertising the house. She acknowledges this and alleges that it was because I was unapproachable while I was living there. Also, she made this allegation just two weeks after I left the property. With respect to claim 2, I have dated video evidence from the day that I moved out showing the house to be very clean and tidy, that counteracts the claim that it was in the state that she alleges (though I can't prove it didn't smell, I do have a signed witness statement from a tennant that left two days before me saying that the rooms didn't smell when he left). I have three questions (with some follow-ons!): Firstly, is the landlady's claim of a loss of 'prospective' rent a reasonable deduction from the deposit? Secondly, shouldn't she have said something to me, in writing or in person, if she what she's saying regarding lost rent, is true? and if so, does the fact that she didn't do this invalidate her claim? Thirdly, assuming that my video evidence shows that the room was clean (which I believe it does), is there any traction to claims of smell? and if so, would it be 'reasonable' to claim for five days of her own time spent cleaning for that? Any elucidation on any of these issues would be greatly appreciated. ------------------------------------ Pertinent clauses in licence agreement: * Deductions from the deposit can only be made to cover any reasonable costs incurred by or losses to him by any breach of the lodger's obligations under this agreement'. From what I can see in the agreement, the only clauses she can claim I breached are: (1) Keep the interior of the room in a good and clean state and condition and not damage or injure the property or any part of it. (2) Yield up the room at the end of the term in the clean state and condition it was in at the beginning of the term (3) Not do, or omit to do, anything on or at the property which may be or become a nuisance or annoyance to the Owner or any other occupiers ...
  20. Hi All In July 2002 I could not get a mortgage and my father took out a mortgage on a property i have lived in, in his name for which I have paid ever since. A verbal agreement was made that the property was mine, however the deeds are in his name. In the last month he has decided that the property is his and is trying to sell it and keep all the equity. He is also now claiming he was a landlord for the past 12 years although he has done zero maintenance etc. I can evidence the payments for the house every month to his bank account. This puts me in a difficult postion, proving the verbal agreement, losing considerable equity in the property and also means I have lost 12 years I thought i was on the property ladder and of course potentially homeless. I could really do with some advice on my legal position here. Please no comments on how I should have got something in writing, i didnt think my own father would do this. I was thinking along the lines of "implied trust' - that we must have had an agreement for me to pay for the home, or else why would you have paid for all the the repairs, improvemensts and monthly payments etc. Also, can I withdraw implied right of access to the deed title holder? Thanks
  21. In summary my girlfriend was in a collision with another. Her passenger can vouch for the events 1. Girlfriend about to turn in to side road 2. other car came out and crashed in to side of girlfriends car 3. Other driver apologises, takes full responsibility - windows fully misted and not cleared. 4. other driver leaves scene without giving details 5. other driver difficult to get hold of, non committal to giving details. 6. details eventually given 20 hours later. 7. Girlfriend has contacted her own insurance and eventually police re other drive driver details 8. Other driver given false details! (recently retained licence after disqualification for drink driving to boot). Full details eventually given. 9. Other driver now claiming girlfriends fault Currently a dispute and girlfriend is under 25 so cannot get a hire care via insurance. She is dreading a long process and living out in the stick this is a huge upheaval for her. Anyway - can anyone advise further or maybe shed light on the other drivers history being taken into account. I guess not giving details at time and giving false details are NOT admission of guilt, and common sense probably won't prevail. Any advice/comments/experience of this from other forum users will be great. Thank you
  22. Hi, Really hope someone can help. I'm at my wits end. Basically, I cancelled an insurance policy mid term in Nov 2011. Over a year later I started to receive solicitors letters saying I owed charges amounting to £570. I didn't understand where this had come from and asked for a breakdown of charges. They were sent in a confusing format that even my solicitor couldn't understand. Cut a long story short despite negotiations and trying to compromise they wouldn't budge. I hired a solicitor and they have ignored him. They issued a letter to me stating their intention to file with the courts. I passed this to my solicitor where it should have gone in the firs place, again he wrote to them several times to no avail. I haven't heard anything for 6 months so presumed they had let it drop. Today my solicitor informs me that bailiffs have been authorised to come and seize the amount due now £1000. How can this be right? I haven't been given the opportunity to negotiate or give my version of events. My solicitor says we can go to court but the amount owed may rise to £5000 so better to pay but why should I? Please help (
  23. Hi, I was wondering if anyone could offer me their insight into my problem. I moved into a property just over 3 years ago and have just moved out, but my landlord is withholding the deposit. As background my housemate and I paid our deposit + first month rent to a full management letting agent in cash. A DPS certificate was not obtained and I completely forgot about it (I know, i'm an idiot). The flat we moved into was messy and had a fair amount of wear and tear already (despite it being quite a new build, apparently is was a case of build them quick and low quality) and this was recorded in the inventory. Over time the agent would take longer and longer to reply to our requests for repairs, and eventually stopped replying completely. About a year later a guy knocks on our door and tells us that the agent had done a runner with 3 months of rent from several customers and so the landlord had appointed a new letting agent, which was him. We verified this was true and started paying our rent to the new agent, everything was OK. We have now moved out of the property and are trying to get our deposit back. The new agent wants nothing to do with it as the deposit was paid before they were the agent and have instructed us to contact the landlord. The landlord is now refusing to return the deposit, saying that he was ripped off by the old agent and its not his problem. He kept making out that it was the old agent's fault and tried to wash his hands of the problem, I know this is rubbish. He's also complaining about the state of the property. The place is actually tidier than when we moved in, other than some damage under the bath from a slowly leaking pipe that we didn't know about. I've told him that I will make a claim in court unless he returns the deposit, and he stopped replying to me. I've checked and the deposit was not protected with any of the DPS. There are a few problems though. There is almost no paperwork for the rental. I have the tenancy agreement and thats it, this does list the rent and the deposit amount. I have no receipts for deposit payment and no inventory, though I have bank statements showing me withdrawing hundreds of pounds in cash around that time, which is unusual activity for me - I doubt that will suffice. Also, I don't have the landlords address or phone number, only his email address. My questions: How much of a problem is the lack of paperwork likely to be in reclaiming the deposit? How much of a problem is the damage to the house likely to pose given that nobody has a copy of the inventory? Will it improve my chances of a claim because the deposit wasn't protected? The landlord should have been given a certificate to confirm the deposit had been protected, and obviously didn't check up on this so is he liable? (I know I didn't check up either) Are the new agents required to give me the landlords address so I can make a claim through the small claims court? I haven't signed a tenancy agreement with them as we moved out quite soon after they became agents. Best Regards, Forsh86
  24. Currently selling my property in Scotland when engaging the estate agent/solicitor(combined firm) I was told by their rep who came to the house and followed up by email that the commission they would take for the sale of my house would be 1.75% . Now I'm in dispute with them as they say the minimum commission they take is £1750 if the of % the sale price would be less than that. Now I've checked the paper work which I have signed and it does say the above. But if I have been told the sale price is 1.75% then surely this is a binding agreement and they should honor it? Plus I feel that the level of service we have been given from them does not warrant full payment.
  25. Hi there - hoping to get some help with a slightly complex tenancy issue. I have done a reasonable amount of research on the web and have not yet found a definitive answer. For background: Assured Shorthold Tenancy in England 12m contract, with 6m break clause with 2m notice required after this period (i.e. min term 8m). We are currently 2m into this. Joint tenancy signed by the two parties living in the property Assignment clause in the tenancy stipulates: "Not to assign underlet (or) part with or share the possession of the Premises and not to permit any persons other than the person named as the Tenant or any other person approved of in writing by the Landlord to occupy or reside in the Premises. (Not to take in lodgers or paying guests) without the Landlord’s written consent which shall not be withheld unreasonably." While it's a joint tenancy, the landlords preference was for one payment to be received, so the other tenant pays me his rent and I pay the full rent to the landlord. Current situation: The other flatmate has announced he wishes to leave the flat asap due to personal issues, albeit acknowledging it will take circa a month to find a replacement tenant. I intend to stay in the flat. I have explained he has signed a legally binding contract, the fact we have a J&S guarantee etc. I have suggested an 'informal' two months notice period, on the basis that (a) the landlord is willing to accept the lease being assigned to a new party, (b) I will do my best to find someone within the two months and therefore reduce the time he needs to stay/pay and © this does not change the fact he remains liable for the next 6 months (i.e. we're currently 2m into a min term of 8m). While the other tenant has suggested he will try and get someone I like, their number 1 priority appears to be moving out asap. On this basis he has suggested it should be him advertising for a new flatmate in order to get someone in asap. I have suggested this is unacceptable to me and I should be the one advertising (obviously dont want to live with someone I dont like for 6m minimum!). So I have the following questions: My research so far suggests both myself and my landlord would have to sign an assignation document if he formally passes the lease to someone, i.e. I could refuse to sign. Is this correct? As per the point above, what right does he have to sublet his room in the event he gains landlord approval but not mine? In an extreme situation could I point blank refuse to have anyone else join the flat as a new tenant or as a subleasee of him? I'm conscious of the J&S guarantee and in theory would have the funds to cover the full rent for the minimum term and (regretfully) go down the court route to claim the monies I'm out of pocket back from him. Does my suggestion of 'informal' two months notice period with the 3 caveats seem like a fair compromise? My default position of any costs related to this should be for him to pay - I do not see why either the landlord or myself should be out of pocket. Is this reasonable / standard? Is there anything else I should be aware of legally speaking? Obviously hoping to resolve all of this amicably but need to know what I can and cannot do if he starts playing silly b*ggers! Kind regards!
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