I have a tenant who is getting behind with the rent. She was on a six month AST which expired. According to the tenancy agreement (RLA standard form) at the end of the fixed period the tenancy becomes a monthly contractual tenancy. In the tenancy agreement I ticked the box for rent to be paid every four weeks as she was on housing benefit and it seemed to be easier as it fitted in with the housing benefit payments cycle. For three years all went well as she was getting full housing benefit which the council paid to me directly. The tenant then found a job but it was on a zero hours contract so her earnings were different every week. It was then that her share of the rent started to get behind and the arrears are increasing. I have decided to serve notice under section 21 but I am confused as to what date I should put for the expiry of the notice as rent is paid every four weeks but the tenancy agreement states that it is now a monthly contractual tenancy. I have read online about giving notice under section 21 but it all seems as clear as mud - do I work on a four weekly period as stated when the agreemment was signed or is it a monthly period as stated in the agreement as these dates do not coincide? If I put the wrong date in the notice will be invalid so it is important that I get this correct.

Hi, Hope someone can help. I went to court this morning to defend a possession order. It was above section 8 but before the hearing we got it to £300 below section 8. The Judge said he wouldn't accept the £500 figure made 2 hours before the hearing and the landlord claimed he hadn't received a furthered £600 from October even though the Halifax building society gave me proof that it had gone out my account and the Judge saw that. We had the Duty Solicitor who didn't say what we wanted her to say and didn't defend us. Also the Judge did not let us speak so for example the boiler has not worked since June. I and my brother has text him to ask him to fix it. He told the Judge he fixed it in June, he didn't and I had texts from July and August asking him to fix the boiler. Is there any help or any advice that someone can give us. We expect the eviction order in a couple of days Thanks. 5:06pm: Can you believe after I posted before the landlord who swore blind to the Judge that he fixed the boiler in June even though we had proof he hadn't, has now text to ask when can he come and fix the boiler. Lying Sod!

Multiple agreements within section 18 consumer credit Act 1974 This is just a view and interpretation of s18 CCA and therefore we would advise anyone reading this bear that in mind Section 18 can be very useful concerning agreements where there is a main loan and payment protection insurance. Firstly lets look at what section 18 says 18.Multiple agreements. —(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as— (a)To place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or (b)To place it, or a part of it, within two or more categories of agreement so mentioned. (2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement. Ok so what does this mean, well, lets say you borrow £6000 from Nasty Banking Corp, the loan is for you to use as you like and therefore you would have fixed sum credit See s10 (1)(B) CCA, unrestricted use credit See s11 (2) CCA and finally it would be a debtor-creditor agreement as defined within s13 CCA Now if you add PPI to the loan, this changes things slightly, why? If you borrow £6000 from Nasty Banking Corp and then you add a PPI policy for example adding another £1500 of credit you are turning it into a multiple agreement The PPI is fixed sum credit as set out in section 10 CCA but it is not unrestricted use, instead its restricted use credit ( See s11 CCA) as you do not have any say over its use, it is in effect only credit for the purchase of the PPI policy and additionally it is a debtor-creditor-supplier agreement as it would be undoubtedly underwritten by another specialist insurer and not the creditor and therefore it falls within the definition given in section 12 CCA So in effect what we have with the £6000 loan and the £1500 PPI is a multiple agreement with “part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned” This is because the £6000 is fixed sum, unrestricted use debtor creditor and the £1500 is fixed sum, restricted use Debtor-creditor-supplier Therefore since this type of agreement falls within s18, it means that as defined in s18 (2) CCA that the document is to be treated as 2 separate agreements and each agreement must have its own prescribed terms for each part Therefore each piece of credit must have its own term stating the amount of credit, repayments and all other statutory info, in addition the PPI policy would need to have a term stating the Cash Price of the policy, due to it being a restricted use debtor creditor supplier agreement. In essence there should be the following Loan Amount of Credit £6000 Repayments 60 payments of £XXXXXX Total amount payable £XXXXXXXX APR 16.9% PPI Amount of credit £1500 Repayments 60 payments of £XXXXXXX Total amount payable £ XXXXXXXXX Apr 16.9% Cash price of policy £1500 the agreement may not be set out exactly as above but that is to give you an idea of what it must contain If the agreement fails to correctly set matters out in accordance with s18 then the lender risks falling foul of the form and content requirements of section 60 CCA and could be improperly executed as set out within section 61(1) (a) CCA 1974 thus becoming unenforceable the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts. Multiple agreements falling within section 18 CCA 1974.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper

Hello everyone. New here but hoping for some advice and will try and include as much relevant info here as a starting point. Background.We own the leasehold of a flat in a Council owned purpose built block. Bought in September 2014 and lived here full time since April this year. Property is managed through a "not for profit" ALMO set up by the council in ?2004

I've searched but I can't seem to find anything on this issue. Does anyone know if Section 75 applies for Kickstarter projects over £100?

Can I please have some advise how to go about actually using Section 75 of the Consumer Credit Act to get a refund? We had an air conditioner fitted into our caravan in May 2015 and less than 3 weeks later coming back after a day out, we found that the air con was dripping water inside the caravan and the carpet was soaked. We contacted the supplier who advised us not to turn the temperture down too low although the lowest setting is 16C. We believed them at the time and continued to use the air con. Recently at the NEC show in October the Dometci rep was approached about the problem and he advised that the unit needs a modification whcih is a deeper condensation tray and we need to contact the supplier. We then contacted the supplier on 18th Oct who in turn told us to contact the local Dometic service agent. Although it is not our responsibility to contact the agent, we emailed the agent and when we got no reply, we left a message on their answer machine. Still no reply! Several days later on 29th Oct we contacted the supplier again by email to advise that the agent was not responding and they never responded. We have tried phoning, but we are put on hold listening to music and generally after about 10m - 15 minutes we give up. The unit is still within the 6 months of purchase and appears to have an inherent fault otherwise the manufacturer would not have a modification. We no longer have any faith in the product or the supplier and want to be put back to how it was before we made the purchase and for them to replace the vent that they removed in order to install the air con unit.

Yet again another debtor has been found guilty under section 68.1 of the Tribunal Courts & Enforcement Act 2007 for interfering with controlled goods and also for criminal damage. Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. In this particular case, the brief background is that Croydon Council issued a penalty charge notice and the debt remained unpaid and was passed to their bailiff contractor; Confero Ltd to enforce. The enforcement officer attended the property and located the vehicle. A wheel clamp was applied and the relevant statutory notice posted through the door. The owner of the vehicle forcibly removed the wheelclamp and drove away in the car. Later that same day he was arrested by the police and charged with the following: Criminal damage (to the wheel clamp) Theft of the motor vehicle. Intentionally inferring with Controlled Goods without lawful excuse. The vehicle was removed to the enforcement companies car pound. He was bailed and had a first hearing at court earlier this year (May). The individual claimed that he had not received statutory notices from Croydon Council and accordingly filed an Out of Time witness statement. It is assumed that this had been rejected. At Bromley Magistrates Court yesterday (5th October) he was cleared of the charge of theft of the motor vehicle but was found guilty of the other two charges (criminal damage to the wheelclamp) and interfering with controlled goods without lawful excuse. He was fined a total of £1,598

Bought a sofa which has a very strong chemical smell which is affecting my health after 2 months and I put in a section 75 claim but Santander are dragging their feet!! I told them that I'll get a couple of written reports from upholsterers but they won't accept that!! What to do next please

Hi Just need some advice on situation, my other half is in an IVA through DMP which started last year I declined entering into one after seeking helpful advice on this forum. I would like to know whether he is able to still apply for section 78 on some of his creditors, Cabot, Drydens, Arrow Global Apex etc whilst in the IVA or would it not be advisable. We were both in a state and sold our house to stop getting into arrears with our mortgage a nd had to clear 2 charging orders and other bills solicitors and estate agent fees so were left with little equity Would like some helpul advice please my husband is retired and is 70 now so we are only on his state pension and my earnings. Thank you

In order to keep the Bailiff forums a bit tidier it was decided to provide a new section where those who wish to discuss - provide information or press releases could do this. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?474-Bailiffs-and-Enforcement-Industry-General-discussions This will allow those new threads where people are asking for specific help, to be more visible. It will also make searching for information or discussion threads easier to locate. The new section is open to EVERYONE, even those visitors who are not registered. Links for those who are already subscribed will still work. We will also provide signposts in the CAG library for the new section. When posting in the new section, it would be beneficial to others to make it quite clear in the thread title or in the first post if this is to be a Discussion thread, inviting others to take part or if it is an Information thread which caggers should take note of and perhaps even follow for updates.

In order to keep the Bailiff forums a bit tidier it was decided to provide a new section where those who wish to discuss - provide information or press releases could do this. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?474-Bailiffs-and-Enforcement-Industry-General-discussions This will allow those new threads where people are asking for specific help, to be more visible. It will also make searching for information or discussion threads easier to locate. The new section is open to EVERYONE, even those visitors who are not registered. Links for those who are already subscribed will still work. We will also provide signposts in the CAG library for the new section. When posting in the new section, it would be beneficial to others to make it quite clear in the thread title or in the first post if this is to be a Discussion thread, inviting others to take part or if it is an Information thread which caggers should take note of and perhaps even follow for updates.

Group, Could someone please point me in the right direction for info on how to apply for a court order to enforce a SAR. Thanks in advance.

Hello I have an issue with a used car purchase I recently made. I need some help in deciding which direction to move forward. I recently purchased a used vehicle from a local dealer. Vehicle was just over 4 1/2 years old with tick over 100k miles; it’s been maintained well with FSH. Purchase price was £11k. I had the vehicle inspected at the dealers after it had a very unusual drive and it was diagnosed with a fault. I raised issue with the sellers team and offered to inspect the vehicle by their mechanics and if faulty will repair, I happily accepted that. Vehicle was inspected by sellers mechanic and fault relayed to the seller, but for same strange reason issue not fixed. (i suspect the cost involved in repairing outstripped the profits) Mechanic advised to take vehicle away and once go ahead received from seller will carry out work. Unfortunately after various contact with sellers team, main decision making head is either on a call, away from desk, not in till… .., busy with a customer or not working today and can only make that one decision. I finally sent a 7 day letter under the SOGA act and demanded repairs. However I purchased the vehicle with a small deposit paid by my credit card so raised a section 75 claim for partial refund for repair costs quoted from dealer to put vehicle right. Repairs have not been carried out yet. Talking with the credit card it may take a while before it will be settled and maybe longer if forwarded to the ombudsman. I am thinking of starting the small claims court procedure also. Is it best to wait till the s75 finale decision is made? What is generally reasonable time for s75 claim to be settled or a decision made? I am just noticed another thread on this site about the same dealer, and it seems the tacts are very similar to avoid paying costs.

I am just trying to get some information to help someone. Couple in their 60's sold their property on one of these sale and rent back schemes. They were told at the time that they could stay in the property for life. What they did not realise at the time was they signed an AST. They have now been issued with a section 21. Now the fun starts. The current owners have since confirmed in a text that they did say the tenants could stay for life, but then said that circumstances have now changed and they need to sell the property. - does this trump the Sect 21 The tenants have repeatedly requested a copy of the AST but the owners will not supply one. However tenants now found a copy that is not signed by the owners and the tenants signatures have not been witnessed. - is the AST valid When the tenants sold the property they did not get any legal advice so I assume that the purchasers may have used their own solicitor for everything - possible conflict of interest. The current owners have a mortgage on the property but I am aware that many BTL lenders do not allow a mortgage where the vendors stay in the property - possible mortgage fraud. Would a SAR to the owners/landlords force them to produce the AST they hold, they are not aware the tenants have found theirs. As usual all advice appreciated.

Hi guys I'm going to try and get some legal advice on this but from passed experience you guys seem to be more help.....lol I've been renting a property for almost 2 years, Before moving in i made sure that it was going to be long term as i have two small children and the landlords said i could be here for 10 years if i wanted as he had no plans to ever sell it, but he wanted to start up off with a 2 year tenancy to make sure that we would be good tenants. A year on and i get a phone call from him saying that he want to sell it to a friend of his but the friend would be willing to keep us on as we are such good tenants. For the last 9 months we have had multiple surveyors coming around to value the property for his friend but they all say the property is unmortgageable because the property needs so much work doing to it. The landlord has now said that his friend has given up trying to buy it but now he wants us out so he can move back in. For the last month or so he has just been telling me that he's in no rush but for me to just keep a look out for somewhere else. But today he called me saying that I'm taking too long and that i should be expecting a section 21 in the post soon as its already been sent. Now i need to know what i can do when i receive it as i don't think I'm going to have time to find anywhere else to move in to in time. There is a few things he hasn't done. 1. He is not licenced (I'm in a licenced borough) 2. He never put my deposit in a rent deposit scheme. 3. The only check that's ever been done on the property is a gas safety check, the electrics have never been done. 4. general condition of the property is bad, hence why its unmortgageable. I know some of you will say that he cant use a section 21 without using the deposit scheme but he thinks he has found a loophole as while i was waiting for his friend to buy the property, he told me to not pay him a months rent so that i would go from paying him in advance to then paying him in arrears, as it would make things easier when his friend bought it as he would then just need to give his friend my deposit. But now he is classing that money as my deposit and saying he can issue me the section 21 as he has returned my deposit when he told me not to pay a month rent. Any advice would be really helpful guys as its not just me I'm worried about but also my family .

Hi Guys, I have a flat that I bought on the RTB scheme. I received a letter on the 18th April 2015 from Barrow Borough Council regarding a Section 20 letter they sent to me, ( which I never received ). The letter also states that the 30 day notice period has ended. I have approached the Housing Department and I have been informed that I will not be able to return any written observations even though I didn't receive the letter in the first place, but they will send me a copy. I don't think this is fair, is there anything I can do?

Hi, I took out a home improvement loan with Barclays Partner Finance for £1000 in the UK, and the home improvement company caused £12000 of damage to my property and neighbour's properties. I filed a section 75 claim as well as a complaint to Zenith Home Improvements. Zenith did promise to rectify the problems, but have failed to deliver on those promises. Barclays seem to think that they are exempt from section 75, and have sent a DCA after me. In the middle of the dispute I emmigrated to Switzerland. I see that the Lugano convention states that Barclays are obliged to use the Swiss courts if they wish to enforce their alleged debt. However, I would like to know if I sue them and Zenith jointly for the damages, do I have to file in a Swiss court or UK court? TIA Banjo

Hi im new here so i apoligies if this is in the rong section. Please some one give me some advice. I am privately renting a property. When i first moved in it was me my partner and my son. Due to some difficult circumstances me and my partner have seperated. I informed the estate agent it will just be me and my son living at the property. They called the landlord and he had no problem with this. Now the estate agent want to do a brand new tenancy agreement with new fees. Now im happy to pay fees for a new tenancy agreement However they have said they need to re-refernce check me of a charge of £150, and also re reference check my guarantor of a fee of £100. Now when i first moved in i already payed for these checks and dont they still stand ? nothings changed apart from my partner moving out so why should my guarantor have to be re checked when he was liable for full rent anyway? So they have sent me a section 21 notice to vacate in 2 months saying the landlord wants me out. However the landlord has said its fine they just want me out because i refuse to pay for checks ive already payed for?. In the section 21 it has also said i need to pay for proffesional carpet and curtain cleaning and show them invoices for this . There says nothing of the sort in my tenancy agreement just that it should all be the same as the pictures in the inventory. Now i have 2 months to either pay which i dont see why i should pay for something ive already payed for a year ago. Or be made to move?. Also my deposit is in a deposit scheme so if i find another private rental how does it work with my deposit being transferd? Sorry for such a long thread just need some advice? are the estate agent allowed to do this? when the landlord is happy for me to remain in the property with my son?.

Driving licences will go paperless from June as the government continues to press ahead with plans to take more service online. For the past 17 years drivers have had to keep two parts of a driving licence: one a sheet of paper detailing their penalty points and endorsements, and the other a plastic ID card. The government has decided to phase out the paper element of the licence. "The reason for abolishing the counterpart is to reduce the burden on motorists,” a government spokesperson explained. "For most drivers there simply isn’t a need to have this information on a piece of paper when it is now freely and easily available online. It also saves drivers from paying £20 to replace a lost or damaged counterpart," they told the Plymouth Herald. When are the changes coming into effect? Earlier this year minister announced that all paper counterparts to licences would no longer be valid after 8th June this year. The Driver and Vehicle Licensing Agency (DVLA) are also advising all drivers to destroy their paper counterparts. If my licence was issued before 1998 do I need to get a new licence? No. Your licence will still be valid and does not need to be replaced, until it is due for renewal. "The next time you need to update your name, address or renew your licence, you will be issued with a photocard only," a DVLA spokesperson told The Daily Telegraph. How will I check my driving record? All of your details – and the details of Britain’s approximately 30 million motorists – will be compiled on an online database that you will be able to access. The decision is part of the government’s “Red Tape Challenge”. The site, launched last year, is available here but those who wish can still request their records either by telephone or post. I’m a business owner and employer. How will these changes affect me? A similar site for employers, allowing them to check the driving details of possible employees, is planned for launch at some point in spring this year. A date for the launch has not yet been released.

Morning guys, I wonder if somebody can help me please. Would the above act for harassment include over frequent requests of I&E - i.e. Token payment accepted for a store card debt and company fully aware of circumstances of long term illness yet a request for a I&E be completed every 2-4 months Thanks

hello all, long story short - just came back from a holiday from hell... .paid for a week on a caravan holiday park with my post office credit card (mastercard),.. . the caravans roof leaked and caused a flood - had to be put in a different caravan which the heating didnt work and the oven didnt work. Not a nice holiday for the kids and a few other things that wasnt as advertised like the outdoor pool was shut for the whole week we was there (no mention of this at booking) so couldnt use that and some other facilities. I've emailed the company requesting a partial refund but no reply ...hardly surprising .. ..virtually the same response to our complaints whilst at the park. ...so I contacted my credit card company and they said to do a chargeback first as it is more likely and quicker that i'll get money back.... Is this true or just being fobbed off by the credit card staff? I just really need to know whether to do chargeback or go for the section 75? Whats best and which one will give better results? thanks all.

In September last year I started a new thread regarding a very serious case concerning a debtor who had been arrested for assaulting a bailiff. The reason for the debtor's arrest can be seen in the following links from that time: http://www.consumeractiongroup.co.uk/forum/showthread.php?433030-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-.(20-Viewing)-nbsp

Can someone please give me some advice, my brother came to see me today and told me his landlord had given him a section 8 eviction . He is a private tenant, looks after the property. He pays his rent but it has been about 5 days late 4 times out of the last 6 months. I was wondering is there anything he can do to stop this eviction happening, he suffers from depression and panic attacks. He is a good lad and doesn't mean any harm . When he asked his landlord what would happen to him if he has not found anywhere to live by the time comes to be moving out. The landlord said section 8 is a legal document so he has to be out. Can some one help please.

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one. However as I have withheld my rent until this matter was resolved they have decided to go to court. Basic info 1 year AST signed Aug 2013 with old landlord for 1 year. February 2014 property sold to investment company who refused a new contract but kept the old 1 in place. Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord. Dec 2014 N5 form received from county court. Court date Jan 2015. However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name. Secondly they are relying in their defence on 2013 AST which clearly states old LL. Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91. How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

Hi, hope this is in the right place It is with some sadness that I feel the need to post here. I don't like debt (who does!) but circumstances over the last year have come to a point where my credit card debts have built so that I have been unable to cover the minimum. ...and I now am in desparate need of help before things get really serious. So, details: MBNA 1: £19k owing - no payments for 5 or 6 months MBNA 2: £5k owing - no payments for 4 or 5 months A few months ago after being hounded with phone calls I did a family budget statement for them, along with a request to suspend charges, and they responded by actually freezing the charges. They also concluded that I could not afford a formal payment plan. As I have been unable to secure significant employment we moved out of our previous rented property to find cheaper accomodation, so I am currently looking closer to home for employment. I hope to secure this over the next 3 months, and then want to attempt to replay some of this debt, rather than going bankrupt. Notice: "to remedy your breach we must receive payment of £2,800 (ish) by 20th Dec 2014. If the action required by this notice is take before the date shown no further enforcement action will be taken in respect of this breach. If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you. On or after the date shown, your account will be closed, your credit agreement terminated and we may sell your debt to a third party company which may decide to bring court proceedings to recover the amount owed by you under the agreement. If we terminate the agreement your full balance will become payable immediately" I am unable to pay this, as all finances MUST be diverted to rent/council tax etc. So, what to do...? My first instinct is do offer a £1 per month agreement via a pleading letter, indicating that I want to repay this when my circumstances improve - say in 6 months time. Surely it has to be in the best interests of both parties not to escalate this right...? I must have run well over £150k through them since having these cards, so they must think twice about it hopefully. I'm going to give them a new budget planner statement for the new address too, as they don't know about that yet. 'll respond to them tomorrow via their digital portal as time is short ! Am I on the right track...? Please help !! Cheers