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Found 8 results

  1. Quicker way to resolve claim disputes launched online READ MORE HERE: https://www.gov.uk/government/news/quicker-way-to-resolve-claim-disputes-launched-online
  2. Background The landlord initially let a flat to myself via a letting agent "not managed" in 2013 and they used one of their standard 20 page contracts on a fixed term of 12 months. We have recently moved out and now the Landlord is being a pain. Question Every year since the first contract on the expiry of each he choose due to cost to use a Staples type contract which is just 1 A4 Page, simply setting out the details etc. no T&Cs attached such as "you cant do this, You must do this etc" My guess is no as the first contract has a expiry date to this but can the terms of the first contract be used for the renewals even if a copy of the terms is not attached to the new contracts (Renewals)
  3. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  4. Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they?
  5. Govan Law Centre has published a free tookit for Scottish homeowners who are unhappy with the service received from their property factors (property managers). The free toolkit, supported by the Esmee Fairbairn Foundation, explains the rights of customers in relation to the relevant law - including the Property Factors (Scotland) Act 2011, which was drafted by GLC for Patricia Ferguson MSP - the registration process for property factors, the statutory Code of Conduct, and the new dispute resolution procedure in Scotland. The toolkit includes illustrative letters of complaint and step-by-step help on how to complete an application to the new Homeowner Housing Panel, with common examples. GLC had spearheaded a campaign over a number of years to regulate the property management industry in Scotland, and provide a consumer-friendly form of alternative dispute resolution for homeowners that had 'legal teeth'. GLC Property Factor Toolkit is available here (opens as PDF). http://govanlc.blogspot.co.uk/2013/11/glc-publish-free-toolkit-for-scottish.html
  6. Citizens Advice claims in 76% of studied cases customers could complain to Financial Financial Ombudsman Service and win damages Three-quarters of payday loan customers who have turned to Citizens Advice for help may have had grounds to make an official complaint to the Financial Ombudsman Service, the charity says.Citizens Advice analysed 665 payday loan cases reported by consumers between 1 January and 30 June this year and concluded that in 76% of them borrowers could have made an official complaint and possibly won compensation. One in five of the cases were possible cases of fraud, where a person was chased for a loan they had not taken out. More than a third involved problems with continuous payment authorities, including lenders, extracting money from banks accounts that they were not authorised to take. Harassment and unfair treatment by lenders accounted for the other problems faced by borrowers that Citizens Advice said should have been reported. Payday loans have attracted strong criticism from this charity and other debt charities, who have accused lenders of failing to do proper affordability checks on borrowers and for putting people under pressure to roll over loans. High-interest loans can quickly become very expensive for consumers, and charities have reported seeing people trapped in a cycle of debt. The use of continuous payment authorities to collect debts has been particularly problematic. Borrowers have reported having their accounts drained of money before they have paid for essentials. Citizens Advice is urging borrowers to take their complaints to the ombudsman – the body which adjudicates on cases that have failed to be sorted out to consumers' satisfaction – to seek compensation and put pressure on the industry to clean up its act. If a complaint is upheld by the Financial Ombudsman the lender can be ordered to put things right and, if the consumer has lost out financially, to pay compensation. In some cases borrowers could be eligible for a refund on loan repayments or other charges they have paid. Gillian Guy, chief executive of Citizens Advice, said: "The level of debt and hardship caused by some payday loans is absolutely scandalous and people often feel completely powerless to do anything about it. But consumers can fight back. "By making your voice heard you will expose the bad behaviour of lenders and put pressure on them to clean up their act, which could help stop similar problems happening to other people." Between April and June just 160 complaints about payday lenders were made to the ombudsman, but 72% of those were upheld in favour of the borrower. Only about one in eight people who contact the ombudsman about payday loans make a complaint, against one in four across other sectors. It is thought that the stigma connected with arranging to have this type of short-term borrowing could be deterring people from making an official complaint. Link: http://www.theguardian.com/money/2013/aug/05/watchdog-rule-payday-loan-disputes
  7. RESOLVING NEIGHBOUR DISPUTES GUIDE Documents Source: https://www.gov.uk/how-to-resolve-neighbour-disputes/overview PART 1 - OVERVIEW If you have a dispute with your neighbour: 1. Try to solve the problem informally by talking to them. 2. If your neighbour is a tenant, you could contact their landlord. 3. You could use a mediation service if raising the issue informally doesn’t work. 4. If the dispute involves a statutory nuisance (something like loud music or barking dogs), you can make a complaint to your local council. 5. Contact the police if your neighbour is breaking the law by being violent or harassing you. 6. As a last resort you can take legal action through the courts. PART 2 - TALK TO YOUR NEIGHBOUR Solving the problem informally Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour. If you’re worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts. If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people. A tenants’ association might help if you’re a member of one. Get practical advice from Citizens Advice to deal with common neighbour disputes, like high hedges. PART 3 - CONTACT YOUR NEIGHBOURS LANDLORD If your neighbour is a tenant, you can complain to their landlord. This could be a housing association, the council or a private landlord. Part 4 - USE A MEDIATION SERVICE If you can’t resolve the dispute by speaking to your neighbour, get help from a mediation service. How mediation works Mediation is when an impartial person - trained in dealing with difficult discussions between 2 opposing sides - acts like a referee in a dispute. There can be a fee for mediation, but this will still be cheaper than hiring a solicitor and taking legal action. Contact a mediation service Mediation services differ depending on where you live: Ø if you live in England and Wales, find a mediation provider in your area on the Ministry of Justice website Ø in Scotland, use the Scottish Mediation Network Ø your council or housing association may provide a mediation service Ø the charity LawWorks provides free mediation Part 5 - COMPLAIN ABOUT NOISE TO THE COUNCIL You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’. Examples include: Ø noise (including loud music and barking dogs) Ø artificial light (except street lamps) Ø dust, steam, smell or insects from business premises Ø smoke, fumes or gases Ø a build-up of rubbish that could harm health Your local council has a duty to investigate any statutory nuisance. You should always try and solve the problem by talking to your neighbour or through mediation before contacting the council. Penalties If the council decides someone is causing a statutory noise nuisance they must issue a ‘noise abatement’ order. This tells the person what they must do to stop making a noise nuisance or else face further legal action. If someone breaks an abatement order about noise from their home, they can be fined up to £5,000. If it’s noise from a factory or business, the penalty can be up to £20,000. Part 6 - HIGH HEDGES, TREES AND BOUNDARIES If you’re having a dispute about a high hedge, your council can only take action if the hedge is: Ø 2 or more mostly evergreen or semi-evergreen trees or shrubs Ø over 2 metres tall Ø affecting your enjoyment of your home or garden because it’s too tall Ø affecting your property If the hedge is in any of these categories, ask your council for a complaint form. You might have to pay the council a fee to consider your complaint. Download ‘High hedges:Complaining to the council’ (PDF, 394KB) Your rights to trim hedges or trees You can trim branches or roots that cross into your property up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them. Property damage from hedges Your neighbour is responsible for maintaining their hedges so they don’t, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable. Boundaries and shared (‘party’) walls Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall. The Royal Institute of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours). Part 7 - CALLTHE POLICE You should the police if your neighbour: Ø is violent, threatening or abusive Ø is harassing you sexually, or because of your sexuality, religion or ethnic background Ø is breaching the peace (being disorderly in the street or making a lot of noise) Ø is breaking the law in any other way - or if you suspect this Part 8 - TAKE ACTION THROUGH THE COURTS If all else fails, you can take legal action against a neighbour. Taking someone to court can be expensive so it should be your last resort if nothing else works. There may be court fees and you may have to pay a solicitor. Legal advice You can get free legal advice from a law centre, advice centre or Citizens Advice. You can also find a lawyer who deals with neighbour disputes through the Law Society. This is the Resolving Neighbour Disputes Guide in PDF:
  8. The journey (flight of fantasy) of a PIP appeal. Note: fails to state the appellant’s two time limits to act. http://www.dwp.gov.uk/docs/pip-disputes-journey.pdf Tribunal Service SCSS1 appeal form http://www.justice.gov.uk/downloads/forms/tribunals/sscs/sscs1.pdf This is the guidance pages for the new appeals system http://www.justice.gov.uk/forms/hmcts/sscs
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