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  1. Not sure if this is benefits or should be somewhere else. There is an outstanding debt to DWP for an overpayment which my relative had been paying off slowly for about 10 years. The relative died recently, and I am dealing with the estate. Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days. Leaving aside the sensitivity of contacting me even before the funeral, I couldn't either pay them or provide the information they asked for in their time scale even if I wanted to. Are DWP even entitled to detailed information about the estate's assets or to demand payment/information so quickly? I was under the impression they were no more of a priority than the credit cards for example.
  2. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  3. Hi, I parked in a loading bay for what felt like no more than 15 minutes and received a parking ticket. See images attached. I couldn't see any signs that clearly displayed the time allowed or the terms and conditions. Is this legal? Please let me know if you need any information and thank you CAG in advanced!
  4. Hello and apologies in advance. This is going to be a long one:| Fingers crossed that I am posting this query in the right place. Hoping someone here can offer some help. A relative (non EU) become an accidential landlord. She emigrated to the UK, worked here for a number of years, purchased a property which she lived in and then decided to return to her homeland. She informed her lender that she would be renting out her property. She has a residential / interest only mortgage. She left her property in the care of an estate agent No1 and for a number of years this worked well. Due to a number of issues she decided to cut ties with the estate agent and turned over her property to another estate agent (No2). He was responsible for finding the current tenant. The tenant paid the usual 6 weeks deposit to estate agent No2. I should mention that the estate agent no2 owns the management business. To cut a long story short, Estate Agent No2 was not responsible, payments were never on time (even though the tenant paid rent on a regular basis). Payments were erratic, differed each month if paid at all. He would pay his staff first and any left over would be deposited to his clients if they were lucky! All this caused a number of late mortgage payments. Thankfully this was minimised as my relative was able to deposit monies into her mortgage account from her savings and had an overdraft. Estate Agent No2 has since filled for bankruptcy and not for the first time! He is personally bankrupt but his estate agency is still trading. I found out about the bankruptcy order by chance by googling his name. Earlier this year the property was handed to Estate Agent No3 - and so far so good. I have a number of questions... The deposit was paid to Estate Agent No2. He has refused to repay the deposit and I doubt it very much he deposited it into any of the new schemes that were introduced. He has essentially pocketed the money! How do we get this money back? How can I check or where do I start searching for this money? Am I right in saying my relative would be responsible for refunding this deposit if the tenant leaves? Do we have to go to court? Luckily the tenant isn't thinking of leaving, but we want to be prepared moneywise. We have in the last month realised that as my relative earned an income (albeit a loss) on the rent, she may be liable for tax. I am in the process of engaging an accountant to assist re self assessment etc and hopefully this side of things will be in order shortly. In the meantime Estate Agent no3 is holding back part of the rent received as 'tax' until my relative registers with HMRC. They claim they have a responsibility to do this. My relative is not making a profit on the rent and has not done so for 2 to 3 years. She has had to 'top up' as the estate agent cuts, repairs and other charges and now this 'tax' means she is making a loss. The money she gets from the rent does not cover the mortgage payments. Is it true the estate agent can hold monies on behalf of HMRC? Any assistance would be grateful. MBK
  5. Hello all, I'm in the process of renting a flat through an established letting agent and they are taking a long time to send the tenancy agreement. I have signed a contact with the agency and made the initial payment for the first months rent 15 days ago, and should be moving in soon. Whats the course of action to take to ensure i get something in writing asap, as txt messages and phone calls do not work, it's always "will be with you soon".
  6. I am trying to help a friend who lives overseas but whose father lived in the UK. His father died without leaving a Will and left an Estate worth £58,000. My friend has a Solicitor acting on his behalf in the UK but he was informed that his father was overpaid benefits from both the DWP and the local authority whilst he was alive even though he was living in a local authority run residential home. The total amount of the overpayment was £38,000. I am just wondering how is this possible when he was unable to make a claim for himself? My friend is only relying on the information received from his Solicitor but he would like to know how could he go about finding out the total amounts overpaid to both of these departments and whether indeed there was an overpayment. Any advise would be appreciated.
  7. I recently entered a contract with an estate agent called Remax signing on the 21st of March 2018 due to the failure to get one visit booked within the first week whereby there was 350 online views and a failed attempt to cooperate with another estate agent to work together in selling the property. I didn’t hear from the agent in a week and he didn’t respond to a message I sent him asking for an update. Hence, I decided to cancel and go with another agent. This is the wording from the contract: If you are a consumer client and this contract was not agreed within our premises you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to: RE/MAX Right Step, 1b Hall Lane, London, E4 8HH or emailing us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you choose to cancel the agency agreement, you will be required to pay for the services supplied prior to cancelation, such as For Sale boards, advertising, property particulars, Energy performance certificates etc. Where we introduce or have negotiations with the ultimate purchaser of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place. Is this legally right given he was notified on 1 April 2018? Thank you
  8. Estate agent cartel directors disqualified READ MORE HERE: https://www.gov.uk/government/news/estate-agent-cartel-directors-disqualified
  9. Government to professionalise the estate agent market READ MORE HERE: https://www.gov.uk/government/news/government-to-professionalise-the-estate-agent-market
  10. Please can I have some advice, my dad applied through a company for ppi, sadly 2 months later he unexpectedly passed away, we received notification he was due a payout from Lloyd’s bank after his death and duly received a cheque in his name , the estate has been passed to my mom, to whom Lloyd’s reissued the cheque in her name, the ppi company are demanding their charges be paid, Lloyd’s suggested we do not pay them as the contract was with my dad not my mom, where do we stand on this, if it is owed they will be paid, but if not legally required obviously we would rather not , many thanks
  11. Friend of mine put his house up for sale with Bairstow Eves after they promised him they had plenty of people on their books looking for properties like his - Ha! He did receive a couple of offers early on but these were declined as too low. He then accepted an offer but the buyer pulled out due to not liking something on a Homebuyers Report. No other offers were received. After the 3 month contract was up he gave notice then put the property up for sale with another agent. Not long after this the person that put the original (declined) offers in came back. The buyer was told to go through the agent the property was now for sale with. Offer was accepted and sale completed. A letter has now been received quoting parts of the contract that was apparently signed saying that Bairstow Eves could be entitled to commission - letter attached. Has anyone come across this before. My friend done what he though was right by telling the buyer to go through his agent, he was not aware of the terms that said that the original agent could also be entitled to commission.
  12. Hello, I just received a PCN from private parking firm NTC (the worst of the worst). The communal garage door was broken meaning I had to use a visitors spot and display a ticket. I had a clearly displayed valid ticket except that the I forgot to put the reg. number on the ticket. The past 5 entries had the same correct reg. number and CLEARLY this was a valid ticket but I had just forgotten one inane detail. Here is the evidence they have: imgur dot com/Q4q1GFN The prelude to Christmas has rendered me broke and the ruthlessly exploitative nature of this conniving company is making me pretty reluctant to pay them the 'discounted' sum of £60. Just wondering what you all think is the best way to proceed? Thanks, Jude
  13. Hi all, I hope your well. Just a quick question please. I am a tenant in North London and the Landlord stopped using the estate agent in 2015, two years after we moved in. I now require a copy of the original tenancy agreement but the estste agent say as they are no longer managing the property, the records are no longer in the office and I would need approach the LL. The LL also says no. I thought the estate agents are required by law to store securly personal information belonging to a customer for a certain period of time, or is that not the case? Any help will most appreciated , Thank you
  14. Dear all, My first post so apologies beforehand if I should follow a certain procedure. Congrats for the fantastic content and advice -- although at times not easy to follow. I got today on the post a £100 Parking Charge Notice from a PCP Enforcement Agency I honestly do not remember parking there; in fact, I don't even know where this is exactly. In any case, the whole letter seems to be written to deceive - maybe what you call a Speculative Invoice. I do think I may have parked in a spot with "clear signage" (eye for detail is not my thing, unfortunately). There's this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?179567-Private-Car-Parking-Enforcement-Agency-(CCTV) from 2009 similar and at the same spot. I wonder what happened. More info - 22 June 2017; arrived in the post today, 20-august-17 - car parked at at Bristol Estate, Anchor Rd, Harbourside, Bristol, BS1 5DB How'd you advise me to do? Should I just ignore this? You do have a sticky thread saying not to... a billion thanks in advance Victor (Bristol) pcn.pdf
  15. My partner has a buy to let mortgage and the estate agent has failed to credit the rental money into partner's account for two months running. This has has the knock-on effect of two mortgages being unpaid. The outstanding funds have now been credited to the account but neither mortgage company seems willing to remove the late payments. I know that we can add the reason for the late payment to the credit file but is there any way to get it removed please? The Estate agent will write letters to confirm that they were at fault and pay the bank and mortgage charges but is that enough when they have wrecked my parner's credit.
  16. Hello and happy new year! I have recently noticed from my bank statements that in 2011, a deposit for a flat was never paid back. It was £400 holding deposit, £50+VAT admin fee and the rest and £87+VAT referencing. The contract I have on email states non-refundable if the letting is 'frustrated', and defines that as, if credit info is withheld from the application OR if I cancel the letting. The agent actually cancelled the letting, and no referencing was carried out because I checked with the referencing agency. So I did not 'frustrate' anything and never moved in. Yet all the money was kept. I was planning on writing a letter before action for the full amount of £565(approx) plus 8% interest from 2011, and giving 2 weeks/10 working days to repay. (I went to the Property Ombudsman website and if I go through them the process looks to be much longer and more complicated). So hopefully this can all be resolved in a couple of weeks. Is this the best course of action? Thank you for reading!
  17. I was wondering if some kinds souls could offer some direction. My wife's father ( who has been estranged for approx. 20 years ) has passed away. She has bee informed by her Uncle that there is no will so it falls to my wife and her brother as beneficiaries. Her Uncle asked if he could be executor of the estate and gone as far as to assign a solicitor. On contact by the solicitor to see if my wife agrees to this, she said no. My wife and brother in law would like to be executor. The fear is that the Uncle will not take kindly to this and may be ...obstructive. How would be best to ensure we obtain all relevant accounts ( there are a few by all accounts) and keys to the property. We are looking to instruct a solicitor to handle but firstly want to get a ball park figure as to the estate size. Any guidance / thoughts appreciated!
  18. Does anyone know if we would be entitled to a discount for poor service from an estate agent? We were duped into thinking we could get a lot more for our property with Haart estate agents Their fees were more than anyone else we had value our place but as they were so sure in getting more for us, we agreed to go with them From the very start there were problems. The photographer didn't turn up when he should, the pictures didn't go straight on Rightmove, we wasn't getting any viewings and then when I queried it, we were getting viewings booked and the person wouldn't turn up I was having to come home from work for a supposed viewing only to be telephoned right at the time of the appointment to tell me they wasn't coming or I'd sit and wait and they never showed up I kept calling Haart to ask why this kept happening, like asking for feedback from their viewers but was told this happens and there's nothing they could do about it. In this time we'd decided to drop our price twice to try and attract more viewings, actually dropping it down to what the other 4 agents had said we'd probably get for it. I was arranging my mortgage through an independent mortgage advisor but who is based in their offices, I was telling him about it 1 day and he rang someone he knew who was looking for a property to rent. His words were 'I'll try and get your place sold, don't worry about them' His viewer actually arrived but didn't want it I never heard from them until I'd been and found a property I wanted and had my offer accepted so I rang them and said you need to sell my place and fast. Within 3 days I had 2 viewings and 1 of them made an offer. Great I thought! Then that was it..... I've been chasing up the solicitors, our freeholder, asking questions from the other agent we're buying through. I've had nothing from Haart this was over 4 or 5 weeks. I'd ring them and leave messages and they didn't get back to me Eventually I wrote to them making this complaint I then received a phone call saying our agent had been on holiday for a week and that was the reason he hadn't contacted me I said I'd been doing all the chasing up and asked what exactly I was paying them for He tried to sweet talk me saying he was sorry and he'd get on the case now he was back and get back to me Another couple of days passed and I'd heard nothing so my husband emailed a complaint, he stated he wasn't able to talk on the phone as he works shifts and drives for a living. He also said not to contact me as i was getting very stressed. The manager responded asking for a number to call him on and the next day I received 3 phone calls which I ignored. My husband responded to the email again stating he couldn't be contacted on the phone and any answer would have to be done by email, he also asked for the contact details for head office or complaints depth. 3 days it took for a response and all it was was an apology, no offer of the information requested. I've been chasing everyone myself again as not heard from Haart so I emailed to tell him that and he came back with the exact update I'd already got myself I feel their fee of £3300 is extortionate especially when I've been doing their job!
  19. Not sure which forum to post this in. I signed an estate agent agreement this week and have since had a friend who wants to rent my house with a view to buying it in the future. The agreement I signed is as follows: typr of agreement - sole selling period - 20 weeks then 14 days notice to terminate and I see that I also signed a waiver of my cancellation rights. Do I have to keep it on the market for 20 weeks even though I don't want to sell it now? Many thanks.
  20. A recent house purchase left me very surprised when I discovered that our conveyancing solicitor was freely giving info about the progress of the sale to the vendors estate agent, including our mortgage status etc. I wondered if any Caggers could let me know what the legal staus of this is? Does the estate agent have any right to our information? Should the solicitor be freely giving information to the agent? Shouldn't the solicitor just stick to discussing things with the vendors solicitor?
  21. Hello, 6 months ago i called the council to report a road fault and they said that we live on a private road which was the first i had known about it. I asked a few neighbours and they didnt know that either, apart from one who purchased their house 5 years ago . They had said that their solicitor had made them aware. We have tried to get the council to adopt the road but they have quoted silly money to get it up to spec and i am in no financial position to afford this. There are 10 houses in the street and we all chipped in to get the bit of tarmac repaired which was under £200 by a local guy. The council say that the kerbs are not to spec. We bought our current house 8 years ago and were not informed that the house was on a private road and would not have bought the house knowing this. Surely this is something our lawyers / surveyors should have picked up on ? The houses were built in 1972 Any advice? Thanks
  22. my mum recently passed away this month with cancer , but a few months before this a family fued began and really really honestly i have no idea why . at the time of the fued i was away on holiday with my wife and children . when we returned home all our numbers where barred by family ,plus any social media sites . my children ignored by my brother ,sister and nephew etc . as to the point my mother passed away on the 8th of january , not long before this she had christmas dinner at my house ,with me and my family (wife kids) and told me she didnt have long left . she also at this point tried to offer me all her savings , i flately and completely refused any of it , my thoughts were if there was anything i would prefer her grandchildren to benefit from it .(i know how much there was as she showed me her savings account book) on recieving the bad news about my mum i immediately called to her house , only around a hundred yards away . i was devastated , to the point of a mild heart attack and a gran mal fit . my sister immediately took over everything (she was next of kin ,but upto this point work was her priority not mum ) a very good freind of my mums asked if his bank book was around (mum saved it for him) that was found but what was also found is that mums handbag had been emptied completley of everything . i was furious ,upset ,angry ,suicidal . i could not beleive how low my family had become in an instant . i phoned her building society and ordered a stop on the account as i beleived someone was going to access the money , luckily there policy is once accessed by a 3rd party it cannot be accessed again for 30 days by a 3rd party. since mum died , no one has contacted me family wise to update me on anything and i have heard all arrangements via 3rd parties . i even found out funeral times and date via facebook believe it or not i do not want to rock the boat so to speak but i know in my heart this is not what my mother would want . i do know someone tried to access my account , an old halifax one i let my mum use to pay her cable bill . i dont have the card it dissapeared along with the other things from mums handbag , so i have cancelled the card . from a legal point of view , what access does my sister have to this account its a saving account ,i know the funeral has been paid from it ,there is no outstanding bills at all only credits for gas ,electric ,water etc, i really dont care if i get a penny of it ,mum was a single parent and would have starved herself to feed us when we were younger , it just feels like i am been pushed out for there benefit , every other sibling (3) has a key to the house ,but not me . and non speak to me or my children . would i be a bad person to try to take action to stop anything been taken from the estate without been notified first please help its driving me insane .
  23. My Partner has rents out a small flat the previous tenant stopped paying rent for the last three months and did not vacate the flat until a Court Order was issued. The tenant overstayed by over two months from the end of the lease on top of being well out of pocket on the let, the Estate Agents are asking for another £400 for their fee because the tenant stayed on longer! They know the tenant did not pay, they know about the Court Order so to try and stick on an extra cost when the tenant was not wanted plus the loss of earnings my Partner incurred during the time the tenant stayed on because a new tenant could not be installed is adding insult to injury. Can that charge be challenged?
  24. Hi all, Looking for a little help. My daughter recently found a suitable property to rent so signed up with the estate agents and decided t rent the flat, which was sold to her as £450 including water and electric (I was present when she was told this) they took a deposit of £200 plus the signing on fee and she was told that there would be an initial £100 charge towards electric and water which she would get back when she informed them of who the gas supplier would be and confirmed she had informed the council regarding her council tax. Her moving date got moved forwards by 2 weeks and then 2 hours before collecting the keys she was told that her flat was still not ready but she could move into another flat for 2 weeks whilst she waited. my daughter then went to sign the direct debit agreement but could not sign for the actual flat as the one she wanted was not ready. At this time she signed for the £550 on the understanding that the £100 would be refunded by the estate agents as above. on moving into the flat she has now found out that the rent is £550 per month including water and gas (not electric as previously stated) as the £100 extra was per month to go "Towards the gas and water bill" I found this excessive as it is only a 1 bedroom flat and this was not what we were initially told. I have spoken to the landlord and informed him of the mistake by the letting agency and he has agreed to refund any monies being held by the estate agents. (he has actually told the estate agents this with me present when I wen to complain) The estate agents are now withholding the money which the landlord has stated could be returned and are being awkward by saying this must be authorised by the managing director who works at the branch but has not answered his personal mobile phone for 3 days. the advert with the estate agents is showing £450 per month but another agency is showing the same property for £550 per month. Where do I stand regarding getting my money back, including my signing on fee and deposits (£1360 in total) and the 2 months rent, as my daughter only signed up with the agency because of this certain apartment. Had she known the proper price of the flat she would not have been able to look at it due to the costs. We have incurred removal costs and taken days off work due to the lies we have been told and I am out of pocket due to the misinformation given to us. the Landlord of the property has been great and understands our situation and is blaming the estate agents totally for this error. Many thanks mbloomers
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