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Found 21 results

  1. I own a retirement flat. I decided to extend the lease, prior to selling. I contacted the lease company (a large organisation) and agreed price + costs for the lease extension. They appointed their solicitor to extend the lease. The lease he produced was sent by my solicitor to the Land Registry for registering - they returned it saying there were errors in the drafting. Both my solicitor and I have contacted the solicitor asking for it to be corrected. He has refused, saying "he knows how to do a lease extension" and that he will not correct it as the Land Registry requires. So they will not register it, naturally. I have contacted the Lease company to sort this out, they merely respond that, if this is their solicitors advice, they will not do anything. I have therefore paid thousands for the lease extension + costs to the solicitors, and I have no lease extension. The lease company also refuse to return the lease costs. Unbelievable. I have tried various Ombudsman, but as I am not the solicitors client, they can "do nothing". The lease company does not belong to a Regulatory body. I am therefore at the point of taking Small Claims against the lease company. I need to know what legislation they have contravened, as I am unsure the Sale & Supply of Goods Act 1982 applies. Can anyone advise me?
  2. Good Afternoon, Apologies if this is in the wrong forum. I'm about to send off a SAR with regards to a problem with AMEX and Allied International and a breach of DPA, amongst other issues. Allied International are purporting to be representing AMEX as an agent and as such are effectively working on behalf of AMEX. With this in mind, will a SAR sent to AMEX be enough to gain access to Allied International actions taken on behalf of AMEX? Thanks in advance.
  3. Hi All, Apologies if this isn't the right place to post this but it was the most suitable heading I could find. In April 2012 I took out a £5000 loan from Amigo with a 60 month term, I know the interest rate is ridiculous and anyone would be stupid to actually use these people but I needed the money and at the time this was my only option. I worked out yesterday that I had 10 months left of the loan and around £2200 left in payments to make but when I checked the statement the balance was £3095 (before they add any interest on for the next 10 months). So I called them this morning to ask what happens to the £900ish that would be left, if they didn't add any more interest. The guy on the end of the phone kindly advised me that I have 20 payments left and I'd made 50 - so 70 payments for a 60 month loan... When I asked him to explain he said it was because of a couple of things: 1. they paid the loan out on the 16th April 2012 and the first payment was made on the 1st June 2012 (this was the date they advised me the first payment was due) 2. I've changed the payment date twice, first from the 1st of the month to the 22nd and later from the 22nd to the 28th. I haven't missed any payments, just extended the payment to 3 weeks later and then a further week. With point 1 he said the first payment should have been made within 30 days of the loan payout to 'protect the terms of the agreement' but as I pointed out to him, I didn't ask for this to be the first payment date - they told me that was when the first payment was due On point 2 he told me that changing the payment date would affect the total loan duration and therefore may cost more in interest - I get that - I moved the loan payment by 28 days so instead of the final payment being the 1st May 2017 it would now be 28th May 2017 These two things apparently add 10 months to the term of my loan at a cost of 217 a month (£2170 for a 28 day payment change) How can this be and what can I do about this? As far as I'm concerned I had a 60 month agreement with fixed payments and the interest rate was variable - how can they just add 10 months onto the agreement and force me into paying so much extra. As if the £8000 interest on the original £5000 wasn't bad enough Help me please
  4. Hi guys, so it's been quite a while since I posted due to I tend not to get into debt anymore, but I am currently looking at an N244 order that Cabots solicitors have filed to extend the length of time required to file documents and an adjournment to be granted so they can get the required documents. In my original defence I stated if they could demonstrate I owed the debt via the usual methods then I will accept the debt belongs to me, but in a longer way than this obviously. They tried to have the application dealt without a hearing but it is in my local court on Tuesday on a telephone hearing with me having to appear in person (if i wish to defend) I've not had to deal with anything like this for a few years so really just need help filling in the blanks I can't remember etc. I'll be stating how the company has been harassing me for around a year over the alleged debt and all i've asked of them is proof that I owe the debt, as they have had to request more time it is quite obvious that they have never attempted to provide any kind of proof or made any attempt to keep the case out of court or as they put "encourage further exploration of alternative dispute resolution options" As stated in my original defence I believe the claimant is simply after free money and this appears to be the case as any professional company and solicitor should have had all the sufficient proof they needed before putting such a case forward and demonstrates to me as an individual a willingness to attempt to abuse a system in order to scare individuals into paying unsubstantiated debts. With regards to preventing any prejudice and ensure a fair outcome for both parties, it occurs to me that there would not be any prejudice as the claimant has failed to supply any kind of proof so wouldn't be entitled to seek a CCJ regardless. Assuming the claimant (A debt recovery company) has undertaken this procedure countless times, then asking for an extension is in itself a waste of courts time for a company that should thoroughly know about court procedure. This company has had ample time to demonstrate I owe the alleged debt even before attempting to claim it through court they or they're solicitors would have been aware that such proof would be required in court and if they didn't they would have known when filing the court papers therefore i feel the claimant should not be granted a 60 day adjournment. This is just something i quickly (or an hour) typing and will probably make edits to it before going to court, any input would be great, also isn't there a thing where it is unlawful to take someone to court over an alleged debt if you can't demonstrate they owe the debt because it's an unenforceable debt?
  5. H i everyone and apologies if this is in the wrong section. Around June 2014 I completed an application to construct a single storey extension of (4.5 metres), extended the kitchen and making a shower room downstairs. The property also had a conservatory at the back but I was not sure if that was part of the original property so decided to complete the necessary forms and mentioned that the extension will start from the end of the kitchen and not from the end of the conservatory. Once everything was approved I had a building inspector come down to my property and it was he who advised that according to the house plans the conservatory is part of the original property so you can start the extension from the end of the conservatory. The extension has been completed, however not signed of by the building inspector as the shower room is not completed. Last week I had a letter from the planning enforcement officer and he said that your extension is 6.5 metre but we only allowed you to extend by 4.5 metre. I tried explaining that it was the building inspector that confirmed it was part of the original build. He wasn't having any of it and sent me a picture of the conservatory from 2014, which I guess was taken from the building inspector that came down. He said the colour of the bricks don't match so it's not part of the building. The building inspector that first visited us has left the council. He has given 2 options: either knock the building down by 2 metres or pay £385 for planning application but i think they are just trying to make money. I would really appreciate if someone can advise on what I should do
  6. We're looking at buying a tumble dryer from Currys and have been offered a warranty extension for 5 years for £50. Has anyone done this and is it worth it?
  7. Hi, Is there a way to tell if an employment tribunal judgement has been made in default? I took my ex-employer to the ET, and, long story short, got a judgement for unlawful deduction of wages success. I was not requested to attend court, and heard nothing more on the subject for a while until I received the judgement in the post. It just says "JUDGMENT, The claim for unlawful deduction of wages succeeds and the respondent is ordered to pay forthwith, the sum of £xxxx.xx to the claimant. After the fourteen day of "interest free" deadline had, passed. I chased up the respondent for payment, who then claimed to be unaware of it. He subsequently wrote to the judge asking for the judgement to be revoked so he may submit a defence, claiming his registered office had moved address since the beginning of the ET procedure and he did not receive the court papers (response pack etc.) as issued by the court. The judges reply was essentially no, as the correct procedures had been followed in serving the documents. However, the respondent has since informed me that he is applying for the judgement to be set aside. Investigating through the likelihood the judgement will be setaside, it seems that not receiving the documents alone, is not sufficient reason, unless the judgement was made by default due to this. (he had not updated his registered office with the court nor companies house, and only moved address once the et process had begun) A) what is the likelihood of the judgement being set aside? B) How can one tell if the judgement has been made by default? Cheers
  8. Hi, I'm one of two tenants (spouse and I) on an Assured Shorthold Tenancy (AST) agreement whose fixed term ends at the end of the month. The agency recently proposed a new fixed term agreement, but we now want to continue on a Statutory Periodic Tenancy. We are aware of the risks, and are willing to take them. We made it absolutely clear that we are not signing another document (so no agreed periodic tenancy). However, the agents still want to charge us £70 per head (£140 in total) for every six month period of the SPT. They justify this with our tenancy agreement which reads among the obligations of the tenant: "To pay £70 inclusive of VAT per tenant & guarantor for each extension of the Tenancy." When pressed that this would be for no work at all, they replied: I've read a number of posts like 218974-Fees-charged-for-going-into-Statutory-Periodic-Tenancy or 395672-Rollover-To-Periodic-Tenancy (links removed due to insufficient privileges), but I think our case is marginally different: Our lease does not specify what an "extension" is. The agents claim it's not for them. However I cannot see that this actually in my (and not the landlord's) interest to "renew the tenant references" and to "ensure their insurance is still in place". The question is now: what can I do about it? We will definitely contact the Landlord and see if we can work it out with him directly (this may take some time, as I only have postal address). But with respect to the agency - is there a good strategy to move on? Play the delay game: Just do nothing. Is there a fixed interpretation of the term "extension"? (* see footnote) Dispute the fee as unfair (are there precedents)? What are the consequences of non-payment? I mean £140 is a significant amount of money, but probably not enough to being sued out of the house for breach of contract (I can live with two months' notice, or I would not be going for a SPT, but anything shorter would be a pain. Same holds with any kind of legal proceedings). Thanks in advance! Footnote: (*) Ha. Just found the following at the end of the tenancy agreement: This would imply, that a SPT is NOT an extension. But unfortunately I am not a lawyer.
  9. hi i have issued protective proceedings for a claim for negligence. time for issue of poc runs out in nov this year. i am just about to send letter of claim. it will therefore be impossible for the other side to issue their letter of response before poc. i therefore want to propose an extension of time for 1. their response to my claim and 2. for serving my poc. can this be done simply by correspondence between the parties or do applications have to be made to the court?
  10. Good afternoon. I have a couple of questions regarding an ET case that has recently been submitted, for constructive dismissal, and wonder if someone can guide me. 1. The respondent (a large retail company) has, 8 days before the time limit, requested an extension of time to submit their ET3, citing 'they are awaiting further information on the claim from me', as there isn't enough information in the ET1 for them to respond. Yet they only wrote a letter to me, on the same date (today). Can I object to the request, and if so, how? 2. The letter appears to be a 'fishing' letter, trying to ascertain exactly what information and evidence I have. My initial thoughts are twofold: a) if there wasn't enough information in the ET1, the tribunal wouldn't have accepted the claim, and b) the information they are requesting appears to be what would be included in my witness statement, and they should not be privy to such until the witness statement is provided (and obviously exchanged with theirs on the same day). They are being represented by a solicitor, whereas, I'm acting as a litigant in person, and I believe they are abusing that knowledge. Can someone advise the best way forward please?
  11. I had a two year contract with a car leasing company. The contract term was ended and a collection was confirmed. But the day before the collection, they informed me that, because of a missing payment, the collection was cancelled and the contract was put on an "informal extension". They also said I would be liable for the rental charges of the "extended" period. It is true that the last month's payment didn't go through, but I was not aware of it and they didn't mention it at all even when I confirmed the collection date with them. I feel angry with their behaviour, in particular on the cancellation of the collection and the so-called "informal extension", so I refused to pay. Then they continued to bill me for the "extended" months and recorded a "Default" in my credit files. I checked my contract with them, and there are no terms of the so-called "informal extension". I believe it is illegal to extend a contract without the agreement of the other party, so I plan to take them to the court. I wonder if anyone could advise which regulations and relevant terms are applicable to my case? Many thanks in anticipation!
  12. Hi all I was just hoping for some help with this. I bought a property for £235k 2 years ago. There is a ground rent accumulator within the lease that starts at £250 per year and doubles every 10 years until the 50th anniversary, so in other words in 50 years the ground rent will be £8k per year. The lease is 125 years, so 123 years to go at present. Obviously I would like to remove this ridiculous clause. I have requested a valuation from the freeholder to extend my lease by 90 years and thereby reduce the ground rent to a peppercorn. They have quoted £22,950 + £845 legal costs + £575 valuation and processing fee, so £24,370 in total. I was hoping to get some advice in terms of - is this an accurate figure? And if not, what can I do - should I write them back a letter and try and agree a lower fee? If so, what kind of fee should I be asking for? I would ideally prefer to avoid the legal route as I figure that will just create more costs, but I guess I kind of want to know how inflated this figure is, as I'm sure they're trying to push their luck. They also offered the following deal: A premium of £15,950.00 (Fifteen Thousand Nine Hundred and Fifty Pounds) Exclusive of our legal costs of £845.00 (+ VAT if applicable) Exclusive of valuation and processing fees of £575.00 A new ground rent of £250.00 per annum to increase every 20 years by the higher of the increase in the Retail Price Index or twice the current ground rent as at the month immediately preceding each rent review period This still ends up being £8k per year after 120 years, but due to inflation this is obviously less onerous than the current accumulator. Any advice would be gratefully appreciated, particularly whether I should negotiate down on the original offer, or take up the second offer. I am particularly interested in whether the 2nd offer would affect future resale value? Many thanks
  13. Hi and Help i have approached my freeholder for the price of extending my lease - i have a short lease of 62 years remaining. the freeholder has come back to me with a very high figure to bring the lease up to 99 years only, and to increase the ground rent from £52pa to £250 doubling every 25 years!!!! i have no issues with his wanting his legal costs. so now what? i want to draft a response, but not sure how to put it. i did approach a conveyencing solicitor, but they advised they would only get involved and draw up contracts once the premium was agreed. not only that, but that i must do things properly and serve the freeholder with a notice!!! by the way to achieve this with the solicitor will cost £1,500 +vat + disbursements - his costs. i understood that i could use a more informal route without the notice, but of course still include solicitors to draft contracts. anyway any comments in reply on this much appreciated. in the meantime i was thinking of this as my draft Dear Mr Freeholder thank you for your letter of the................advising of £.... wanted by you as a premium to bring the lease up to 99 years. however i am aware that the amount you have quoted may only achieved should i take the statue route, which would include a peppercorn/nil ground rent, and allow a further 90 years in addition to the 62 i have remaining. at this point should i offer a counter amount or suggest the freeholder review his premium. if someone who knows a bit more about these things than me could help with this response that would be great, or point out a link on site that already has a letter i could send. Thank you.
  14. Really need some advice about a letter i have received from local council regarding the recent extension of my boundary fence. The problem has stemmed from me having a nosey neighbour who has issues with everything and everyone, so much so that i stopped talking to him a few years ago. He built his shed on a platform which enabled him to stand in the doorway of it and look directly into our house. He has used the chance to do this constantly. I have had no privacy and had become increasely distressed by this. He makes unlimited pointless trips to the shed whenever i am outside to watch whatever i am doing. I then had to take on my daughters dog as she moved into a flat and couldn't take him, i already had 2 dogs of my own. It has take a while for the new dog to settle, made worse by my neighbours constant messing in his shed for no reason. I then decided to put a little extension in height of fence just at the height of where his door is visible into my garden. He came out on the night and i heard his wife ask what he thought to which e replied he had no problem. Today i have received a letter saying the fence is now 2.3 metres and needs to come down to 2 metres. I have emailed them back with my concerns over his shed, also he has a tree against my fence that is at least another foot above my new higher fence. Do i have valid claim against his shed height and privacy as it is on a platform? I said in email i have no problem with lowering fence but have issues with the shed. Hope i have put this in the right place Thanks in advance
  15. My employer has declined my request for flexible working and I would like to appeal. Before lodging an appeal, I wished to take union advice, but my union caseworker fell ill and there was a delay until someone else could be found to take on my file and provide advice. Unfortunately, by this point, the 14-day period in which appeals must be made had elapsed (it is day 15). Can I claim that I am entitled to an extension on the grounds that employees should receive proper legal/union support? I can't find anything legal about this on the internet. Any advice appreciated!
  16. Does anyone know how much wonga are likely to charge me for an extension of £149 for one month
  17. Hi All, I am about to start the process of extending the lease on my flat (currently at 73 years). I am not sure whether to go down ther formal or informal route yet. Is there a difference in cost? If the cost is the same I think the formal route would be best as I get a longer lease and peppercorn ground rent. I don't have the valuation to extend the lease yet but I have made an inital enquiry and the Freeholder/landlord has recoommended extending to 99 years with a £250 a year ground rent. Is £250 a reasonable and standard ground rent for a converted 1 bed flat in Brighton? I have heard conflicting opinions from local extate agents. Some say £150 is more accurate. Any advice on the formal or informal route costs and ground rent would be very welcome. The Lease advisory service were a bit vague. Thanks Jay
  18. Hi, I'm new to this and forums, so forgive me if I've put this in the wrong place. My ET1 was accepted. The employers submitted an ET3. Due to 'an administrative error' (Employment Tribunal's phrase), there has been a very long delay between my being physically attacked by my employers and the submitting of forms by them and the employers. I have literally just received the hearing and due process dates and today I have received a letter from my now ex-employers' solicitors, asking for an unbelieveable amount of information, that I would have to get together by this coming Monday. It would take me more than three days under perfect circumstances, but I am on new medication, from the GP, and have been referred to crisis intervention and a psychiatrist, as well as other health care professionals, as in their words, I am very ill, due to the stress of the attack, incidents leading up to the attack, subsequent court case and continuing intimidation and threats. I am too ill to get this replying information in this time frame. How do I word an email to the Employment Tribunal people, to ask for an extension, to get myself together enough, to answer all these questions? I am also suffering side effects from the medications and clinical depression. Also, I have been asked by the tribunal people to describe my disability (also present at the time of employment) under some kind of regulation rules. Do you know how I do this please? I take about ten medications to maintain my hormone levels, including Metformin as I am pre-diabetic and I am diagnosed with Bipolar Affective Disorder, which is triggered by things like stress, including someone trying to kill me. At some point, I will post a full explanation as to what happened, but I need to first remove the stress of being expected to answer a whole heap of intricately detailed questions by Monday. Thank you for taking time to read this; I hope it makes sense (it's hard to concentrate at the moment) and if anyone answers, I thank you, in advance, for your help. If possible, I think I have to ask for the extension today. C
  19. Hi Guys! Needs an urgent advice! I am in real trouble. Today I had a CMD on the phone, Judge wanted to call off the prehearing for next week since the Respondent accepted my disability, but the counsel argued that my other claims for race/ religion are out of time. he also argued that I did not make an application for time extension, although I inserted a paragraph in my statement arguing that it will be just and equitable to hear all the facts over the years of employment. The counsel argues that there are time gaps in between various alleged acts of discrimination so those claim should be struck off. I argued that I am away from the work place for a number of years since I had no access to my papers, email etc to retrieve evidence of discrimination. On that basis I was arguing that Judge should allow my claims to forward to the full hearing. I am wondering if it is worth now to apply for a time extension. Can anyone tell me what's time extension is about and what sort of things I should write in the application for this?? I will be absolutely grateful for your thoughtful suggestion. thank you all in advance.
  20. Hello Folks, I would like guidance and how I can help a work colleague, who is out of pocket by £750. My colleague applied for same day service “POE” premium service, for a Visa extension, but due to the unavailability of the UK BA IT system, they were unable to progress the application on the same day and actually took about 4 weeks to process. This is a similar time-frame as if he and his wife applied for the normal postal application service. The fee is £1000 for UK BA postal service The premier service is £1500 The difference between the premier service and the postal one is £750 for both of them. Understandably, my colleague called the UK BA customer service about this, who advised my colleague that because his application was not processed the same day (“POE” premium service) that he can claim the difference back and that this could be done via post. My colleague has sent a letter explaining the above and asking for the appropriate refund, as instructed by the UK BA customer service, however, nobody has responded to this after approximately 3 weeks (not even a courtesy note advising it is being investigated). My colleague has researched this and has spoken to others in a same predicament AND circumstances, who are also awaiting responses. Please could anyone advise on how my colleague can pursue his refund and where does he stand on this as it seems a clear failure to provide the services paid for. Regards,
  21. I recently received a parking ticket for parking in a red route bay outside my house in south east London. However, I am convinced that when I parked my car there it was not inside the red route bay. In other words, I believe that the bay has been extended around my car while it was parked there. Looking on the road, there is a clearly visible line where the bay used to go up to. I'm very conscious of this are as it's right outside my house. I challenged the ticket on this basis (firstly, that the car was not in a red route bay when I parked it there; secondly, that as a resident of the street and in the property directly opposite the bay, I was not informed of the change to the bay). However, Transport for London have rejected my challenge on the grounds that there have been no recent changes to the bay area. I have photos of the clearly visible old boundary, the spray paint marking the new size for the bay, and also an image from Google Streetview, taken in 2008, showing the previous, smaller size of the bay. However, I don't have any proof that the bay size was recently changed - in other words while my car was parked there. So it's my word against there's until they can prove when the extension took place. My questions are: 1) Does anybody know how I can find out the date when this extension to the bay was made? I know the red route bay was originally installed in December 2007, and that it was still in the smaller size in Spring 2008 according to Google Streetview. Should I contact my local council (Lewisham) or should I contact Transport for London as they manage the red routes? Are either of them likely to give me the date? 2) Does anyone think I've got a chance of winning my appeal??
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