Jump to content

Showing results for tags 'fails'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums


  • News from the National Consumer Service
  • News from the Web


  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




Found 14 results

  1. An investigation has come to light into missing correspondence about patient care. https://www.theguardian.com/society/2017/feb/26/nhs-accused-of-covering-up-huge-data-loss-that-put-thousands-at-risk?utm_source=esp&utm_medium=Email&utm_campaign=GU+Today+main+NEW+H+categories&utm_term=215114&subid=7192694&CMP=EMCNEWEML6619I2 HB
  2. I ordered a Vodafone SIM only deal on 02 Oct and when it arrived there was no documentation with the SIM other than printed on the back of the sim holede "vodafone.co.uk/getstarted. I could not log into MYVODAFONE. As such on Friday 07 Oct I called for help. I made a telephone from my current supplier (not Vodafone) I spoke with a really confused and extremely unhelpful person in an Indian call centre. This lady stated that she had sent me THREE account name changes and then the I could not possibly have received any texts (despite receiving them on my current supplier number) and corresponding three emails saying "We have changed your user name...." but not actually saying what the new user name actually was. Going forward she called me a liar stating that I could not have possibly received such. Amazingly she then asked me to take my current supplier SIM out of my handset and replace it with the Vodafone one whilst actually making the call. Seriously? - I gave up. I then tried again this morning, with my Vodafone SIM installed called 191 and spoke with a UK customer service agent who repeatedly spoke over the top of me, placed me on hold for extended periods without any warning repeated that there was "No problem" despite me repeatedly stating that I could not log into my online account, that no updated information was sent about my username that I objected to being talked over the top of. The agent then started to raise his voice to me. I asked for a supervisor. I was then told that he had actually not completed the security check and we had to go over one final part. That we did. Now I do not like being addressed by my first name on business communications, I prefer being addressed as Mr ........... which is professional courtesy as they are neither friends or family. Once transferred to a chap called Neil I was asked is this (my first name). I asked to be addressed as Mr.......... I explained I was not happy and that nobody has helped. I complained about the unprofessional and rude abuse from his colleague who was laughing at me becoming upset. He said he had been listening and that his colleagues rude, unprofessional and aggressive approach was perfectly acceptable. I then asked if he had been listening for a while and he confirmed this. As such Neil, the Senior Advisor, knew not to address me with my first name. Clearly he and his colleague were just bored and looking for a laugh on a Sunday morning with no interest in assisting customers or resolving issues. I then decided that as this was consistently abusive and completely useless assistance from ALL at Vodafone who I had sought assistance from to cancel the contract and was put through to a lady called Key in account closures. She was just as bad stating that there was no way agents would act like this and berated me for alleging such. I cancelled the contract. I called the Vodafone complaints team on 08080 044 900 and spoke with Ash in Cairo, Egypt. I explained from the beginning I preferred to be addressed as Mr........ and he stated "Do not give me attitude" - amazing. He spent ages telling me how he had been in post for years and knew his job. I confirmed he had taken me through security and was logged into my account. He confirmed this - acknowledge given that an audit trail was now in place. He started to argue with me that as I had cancelled my contract he was not interested in complaint handling this call. That it was not possible to challenge Vodafone by any process, including the sending of a deadlock letter to me and that I have no right to take the matter to the Ombudsman. This was because despite having a contract with Vodafone now that I had cancelled then called the Complaints team that they were not interested and would do nothing. He also raised his voice, repeatedly, talked over the top of me and denied that he had not properly taken me through security. So in essence Vodafone are happy to abuse customers, support abusive and unprofessional conduct, fail to accept complaints, stonewall and berate anyone who dare complain and fail to process any legitimate complaint. I confirmed that I would contact the Chief Executives office, which I shall do today, and the response was that it would not matter as they really do not care. Avoid this shockingly incompetent abusive company. Another company that has become way to big and staff think they can get away with abusing their customers repeatedly and that nothing can be done to abusive staff.
  3. Hello. First post to the forum and well, what a mess. I think I've posted this in the right forum as there is no mortgage involved in this. When I found myself in the incredible situation I'm in, which I will expand on in a moment, I had a look on various help forums to see what information I could find on what happens when a property sale fails to complete after contracts have been exchanged. I found lots of posts along the lines of "in 20 years of conveyancing/being an EA I have never seem this happen" etc. So... Let's see what the experts here make of this. It's quite a lot to get through, but I suspect the devil is I the detail. Around Feb this year I was selling my house due to separating from my partner who wanted her share of the house. The only way to finance this was to sell and downsize so reluctantly I did what I had to do. My estate agent, ill call them SW, found me a buyer, an offer was accepted. After looking around, I found a park home property that I liked which I could buy outright with my proceeds and the thought of being mortgage free rather appealed. I then discovered that you were supposed to be fifty to live in this residential park, and I was just about to turn 49. I should stress at this point, I have not viewed any property, spoken to anyone or made any offers, I was simply aware of the property and the rule. The next thing I did was to office at the front of the park to enquire about how flexible this rule actually was. I spoke to a lady in the office who thought it probably was flexible but she said I needed to speak to someone with more authority than her. So I made an appointment to come back a couple of days later and on a scorching hot day, i spoke to a gentleman we will refer to as Brian. Brian introduced himself to me as the park manager. We discussed my age and the fact I was interested in the two properties that were for sale, and he told me the age limit was arbitrary and was there to make sure that no young people with children etc moved in, and having met me he was perfectly happy. A few days later, I went to the vendors estate agent, ill call them FS and explained that I was interested in the properties, that I was aware of the age limit, that I had been to the site and spoken to Brian the manager and he was happy. Estate agent FS arranged a viewing of the two properties and said he would confirm the age issue. I went to view both properties about a week later one very dark rainy evening and a few days later went back to FS and made an offer. Unfortunately, my first choice was then at this point taken off the market due to illness, so I made an offer on the second property. FS subsequently informed me the offer had been accepted by the owner, Ill call the owner Mr I from here on, and that he (FS) was now happy with the age issue. In May, when I was expecting to exchange i was suddenly informed out of the blue by FS that Mr I was looking at a different property and the whole process had to be started again at his end. I found out through a third party that Mr I has done this before. I made it clear that I was unhappy with this as I was part of a chain. Mr I switched again back to the original property, but for reasons unknown to me other than it was something to do with his ongoing purchase related to the fact he had switched twice, it was still taking an age. It was now June My own buyers were becoming impatient and threatening to pull out if we had not completed by the end of June, and not wanting to lose my purchaser, I put everything I own into storage, put my dog with a dog sitter and planned to move onto a friend's sofa for a few weeks. My completion came and went at the end of June, so I said goodbye to my home and I began to sofa surf. All the paperwork for my purchase was in place at my end, everything was signed and ready and all of my money from the sale of my house plus the difference which I had borrowed from my family was in the solicitors client account. We were still waiting for Mr I. In the first week of July I was informed that we would be ready to exchange contracts the following day. The following day it never happened and I was told that it was due to some important documentation that had been forgotten by the vendors solicitor. Exchange was now a few weeks away again... In the last week of July we finally exchanged contracts and set a completion on Thursday the 4th of August. I was getting excited, looking forward to a new home in a new community and getting my dog back. What happened next is well... Words fail me.. Luckily I have recently installed an app on my phone that records all incoming and outgoing phone calls. Every single one of the following phone calls is recorded in its entirety. Wed 3rd August. 6pm: I receive an email from my solicitor stating that the vendors solicitor had found out I have a dog and a car, do they have my permission to pass on my personal details. This seems odd to me. I am allowed to have a dog and a car, I don't know why this is an issue and everyone has had all my information, in writing, on all forms since day one. Amazingly the lady who sent me the email is still in the office, I manage to contact her and give my permission. I kind of detect from the way she is talking to me there is something she is not telling me. Thursday 4th August, 10.34am: I receive an email from my solicitor stating they have confirmation to proceed, they have a final completion statement from the other side. There is an outstanding payment of just over £150 for the months ground lease which I need to pay as the lease is being transferred to my name. I transfer the money, I ring them to confirm and thank them. Thursday 4th August 1pm: I go to the estate agent to see if they have heard anything and to hopefully collect the keys. They have heard nothing and can't hand the keys over yet. Thursday 4th August 1.30pm: I get a phone call from my solicitor telling me the park owners have put a stop on completion. I am advised to go to the residential park and speak to Brian the manager. On arrival at the park I ring Brian the manager and get through to someone else who tells me Brian has resigned. Over the course of the next few hours I end up speaking to my solicitor numerous times and a gentleman ill call Mark, who is a South England regional manager for the company who owns the residential park who from this point forward is the official spokesman and point of contact for the park owners. In these conversations, which have all been recorded, I learn the following catalogue of errors and points of information as I understand them. - Brian the manager and Mr I, who was desperate to sell his property as its been on the market for a considerable time, are one and the same person. - Brian I, was not a manager, he was a gardener who had no authority at all. He has misrepresented his position to me to assist selling his property. - The lady in the office was another resident who has never been employed by the park owners and should not at any point have been I the office. - The email I received the previous evening was a result of the fact that Brian I, or more correctly his solicitors, were legally bound by the lease agreement to inform the park owners of the sale and the park owners would then process my information and application along to take over the lease and move into the property. This process legally takes a minimum of 21 working days so should have been done at the very least a month beforehand. What had in fact happened was Brian I's solicitor never have the park owners this notice or any information about me until just before close of business on the 3rd of August. Less than 24 hours before we completed. - Both my solicitor, and the vendors solicitor should not have exchanged contracts without this vital step of the lease purchase/transfer being carried out. - Both my solicitor and the vendors solicitor are at fault for ignoring the fact that the age limit for the sale is not arbitrary, is stated on the lease documents and the fact that I am only 49, not fifty. - The park owners are not prepared to be flexible on the age limit, I am 7 months too young. Mark the area manager makes it very clear to me that, and I quote, "if this has anything to do with me, I will not allow this to happen because you are too young and it is wrong". - I am not going to get the keys, the sale is not going to complete the park owners are going to take their full 21 working days to process my application, after which they will accept or decline. - I am told that no money has changed hands officially, but it has been transferred and the vendors solicitors actually have all my money in their account. (£143000) - There has been a suggestion that Brian I's solicitor is going to sue me... After a very sleepless night, as soon as the offices open im on the phone to my solicitor. My solicitors is a very very large company and over the last 8 months my purchase has been dealt with at different stages by at least four separate people and now I find its been passed to a gentleman called Nick who I am told is a senior partner. Friday the 5th 9am: I'm on the phone to Nick. He tells me (and again all my calls are recorded) and I quote, "that I have been shafted by Brian" I and I have a massive strong case for legal misrepresentation but leave it with him to see what he can salvage. The park owners are exercising their legal right to take 21 days because contracts should not have exchanged without this. The vendors solicitor still currently holds all my money and he is going to see if he can get it back, however there is a huge question mark over this because there is a possibility the sale could be forced through and I would then own a property to which I have no right of entry, but then I can sue for costs... This nightmare just keeps on giving. After a very sleepless weekend, on Monday morning I went to the CAB who advised me that my best course of action was to go and ask for my money back and then if it wasn't forth coming make a complaint to the independent ombudsmen. Around 11.30 Monday 8th august, I walked into my solicitors and asked to speak to Nick. He took me into an interview room and we discussed the situation. I put my phone on the table and the whole following conversation was recorded. He kept pursuing the point that I have a case against Brian I for misrepresentation and against his solicitor for not following due process and only giving the park owners the lease application the day before completion and then exchanging without this process complete. I chose at this point in the conversation not to point out that surely both parties are equally as guilty for exchanging contracts before due process was complete? I should stress that at this point I have not yet asked for my money back, but I was about to. However before I do, and without any prompting, Nick tells me that late on Friday he asked the vendors solicitor for my money back, and they instantly returned it by bacs payment and that it will be returned to me in full on Tuesday. I asked him about the fees for his company that I thought I was arguably being unfairly charged thousands of pounds given the series of mistakes, and he offered me fifty % of all fees back. As I was trying to clarify exactly what this included, he said "you know what? I'm a nice guy, all costs, 100% will be waived and refunded. We should have the money back tomorrow as its coming by bacs, and we can pay it straight into your account." He then told me that I have dodged a bullet because if he was the vendors solicitor he would have forced the completion through as an associated purchase because he had the money, so I was very l lucky to have had such a lucky escape and the vendors solicitor had chosen to refund my money. He also told me that now I've been given all my money and all my costs back, i have the option to walk away from this now. If I do, Brian I may try to sue me but it's unlikely because 1. he basically doesn't have a leg to stand on due to his misrepresentation and 2. The exchange of contracts should never have taken place given the incomplete documentation and so these contracts wouldnt stand up in a court of law. Tuesday the 9th mid morning I've an email and a subsequent recorded phone call confirming my money has been returned and all of it, including all refunded solicitors fees have been paid to me via bacs so will be in my account by Friday. Tuesday 9th 12.00 I've just had a phone call from Mark the residential park area manager saying to me that he's found out some further information on me and wanted me to confirm whether I own a certain type of commercial vehicle (a taxi), I confirmed I do. And he's found out that I own 7 motorbikes and would I confirm this. I don't. I own two. One is a road touring bike, the other is a restoration project and I confirm this to him. He's told me that in addition to clearly breaking the rule on age, I'm also breaking the rule on not being allowed commercial vehicles, I haven't told them I own a motorcycle, Im not allowed to own a motorcycle, apparently I'm only allowed 1 vehicle, I have 4 (1 taxi, 1 private car and 2 bikes) and the more he looks into me the more rules I'm breaking. I find this odd because at no point have I been made aware of the fact that I'm not allowed to have a taxi. My job has always been a taxi driver and its never been a secret. At no point have I seen any rule that says I'm not allowed to own a motorcycle and no one has ever asked me if I own one. I find it interesting that he's obviously looking into me and my affairs from some unknown source, and finding out half truths. It would be interesting to know where on earth he got the idea that I own 7 motorbikes, or actually even why he's looking into things like this anyway. Tuesday 9th August 4.45 I phoned my solicitor to double check my money has been transferred i am told that that the bacs payment was changed and I am told "Well, there was a bit of a fuss in the office about getting this money to you. I don't know what you've done, but whatever it is you've done it right. Your money is coming into your account tomorrow morning by TT and we are refunding literally everything including waiving all transfer fees" I then her and ask "so where does this now leave me. Can I just now walk away from this farce and am I free to start looking for a new home?" She answers "yes you can. Enjoy." So as a final summary, after the catalogue of cock ups: The vendors solicitor has refunded all my money in full without question. My solicitor has refunded 100% of all fees without question. Both of these things suggest to me that they know they have done something wrong and I can almost hear them in the office trying to get rid of me. It's looking fairly certain that my application for the lease on this property isn't going to be accepted, I've already broken the age rule, the no taxis rule, the no motorbikes rule and the number of vehicles rule and I haven't even completed yet. But bearing in mind that so far I've been lied to and misled by the vendor, messed around by the vendor with his switching of properties, had the completion blocked by the park owners who have made it pretty clear that my 11th hour application is going to fail and given that all my money and fees have been refunded from the solicitors on both sides and I still homeless, I'm ready to just walk away from this mess. In fact I think my mind is made up So if anyone has made it through this far, there are a number of lessons to learn. Always get things I writing. Don't complete on a sale without a purchase. And if anyone has any advice for me, I'm all ears because I'm worried this isn't over yet.
  4. Anyone who remembers those "I'm a PC, I'm a Mac" ads from some years back will surely remember that a key message that Apple wants to get across to potential customers was this: PCs have a malware problem, Macs don't. Of course, that message was partly spin — there had been malware for Apple computers, even before it had existed for PCs. But, as we reported last October, serious security holes have been found in Gatekeeper that could allow malware to completely bypass Gatekeeper's checks. But, as Wardle showed last year at the Virus Bulletin conference in Prague, there exists a way to waltz past Gatekeeper even if you had configured your Mac to use the maximum "App Store-only" security setting. Full article
  5. Hello guys, I hope you will be able to help/advice me on this one. I bought a a second hand car through the London used cars dealer at the end of July2015. After 31 days I noticed that there are some serious mileage discrepancies between MOT and service history booklet. I phoned all the garages from the stamped booklet and I found out that first six stamps, claiming to be a BMW garages, doesn't exist and that the numbers provided were answered by private people. I get back to the dealer asking for a full refund. It was rejected, given the reason of high mileage done on the car (as I drove on myholiday in that car) and that the car has lost its value etc. During and after that 31 days other things came to light. The car was not like in the dealers description (ie. I discovered that the second key was from completely different car, rain sensors missing, main BMW dealer garage discovered leaks, brake pads alterations and many other faults). But the main issue is that faked service booklet, the dealer doesn't want to take the responsibility for, claiming it was the previous owner's duty to check it(British Car Auctions) not his. As a result, it leaves me liable for it and if I would like to sell the car in the future, which was my plan, It would put me in serious disadvantage position and encounter a money loss if I were to tell the buyer the car has got fake service history. Since the end of August this year I had been trying to make them to accept my offer and get my money (13k) back-but no results so far. They have came back with the ridiculous offer of a refund 11k instead of 13k because of wear and tear of the I am liable for. Or if I drop the claim, an offer of repair of the leaks, replacing missing sensors and an offer of 500£ for missing service history (they do not admit its fake). They hold on to that 3 last worthless stamps are valid and that they are sufficient service history. Two of those stamps are from independent garages (that couldn't say if the car was even seen by them because or what was done, as they don't keep the records of what have been done to the particular car). Last stamp was from the dealers garage and so its worthless. At the time of sale I wasn't aware that the service booklet and its first 6 out of 9 stamps are counterfeits but I bet they knew it from the very beginning. As a result, I couldn't sell my other car, therefore have been incurring the cost of running two cars instead of one (fuel, garaging, taxes, insurance)-so another loses. Need to mention that the car was bought with Debit Card.The trading standard officehas been involved but not very helpful as at the begining they were absolutely sure I am on the winning possition till yesterday, when I was told that I need to be prepared that the judge might not decide in my favour! I am a the point where I've exhausted all the options for resolving that matter through the polite correspondence. I am just about to write the last letter before court action. The dealer rejected all my previous claims and in the last letter points, or even threatens me, that the judge will order a deduction, in their favour, from the original amount I paid because the car has been used. So I should accept their offer. What are the chances of winning in the high court with the given arguments?Should I take it to court?And If yes, would I be able to claim not only a full refund for a car but also additional loses, court and solicitor fees I have encountered due to the tardiness of the dealer etc.? Will I have any chance to win without solicitor? I would be be very,very grateful for all your help and suggestions as I am not English and it seems that it also puts me in disadvantaged position. Thank you in advance! Jan
  6. Simple really, Ombudesman has made adjudication in my favout and part of that is for Scottish Power to cough up £100 and an apology within 28 days. they have failed to do so so I am now wondering about my next step, go back to Ombudsman for determination (equivalent of court order) or go after them myself. awaiting copy of credit file from 1 of the CRA's nothing on the others though but they were threatening to report a debt. It stems from them getting their customer files confused and sending bills to wrong house so for the DAY I was their customer I havent had a bill buy they wanted hundreds for fuel supplied to another address that i have no relationship with. Anyone had a similar problem with emphasis on the ignoring ombusdman bit?
  7. I bought an item on ebay, and it did not turn up. I asked the seller to track it, and the seller got back to me to say that the item had been left with neighbours, but the courier was unable to state which neighbours. None of the neighbours had it. I therefore wanted a refund, and had to put in a buyer protection claim. Ebay refused to refund me, as the item was delivered within the "allowable distance". I was utterly gobsmacked, I have confirmation from the seller that the item was not delivered to me, and yet ebay say that because it was delivered somewhere close to my house I am not entitled to a refund? The amount of money involved is small, too small even for the small claims court, but the implications are huge. This was a cheap item, but I have been relying on buyer protection when I buy expensive items. Ebay appear to have changed the rules, if the item came somewhere near your house, and the courier can prove that with GPS, you will not get a refund - even if the courier and the seller both state that the item was not delivered!
  8. hi, i have been awarded a CCJ against a company and so far i have been unable to recover the money that is owed. A HCEO has been to the business and stated that they do not have sufficient materials in their offices to cover the debt. I have submitted a 3rd party debt order which has come back saying that there isnt any money in the company account to cover the debt. I am just wondering what if anything i can do next. Any help and advice would be most welcome.
  9. I received a PCN notice for stopping on a road that I entered by mistake near to Liverpool Airport. I had no idea that I'd entered a controlled area and was turning around at a junction with an incomplete road once I realized I had taken a wrong turn. I stopped there for 32 seconds according to the notice. Appealed to VCS who obviously rejected it. Appealed to POPLA on grounds that I was at a junction and consistent with highway code/law etc, but to my amazement the appeal was rejected. The video evidence must have shown the road to be clear (apart from some odd looking car with a big camera to my right!). To be quite honest I thought the fine to be so ridiculous that there would be no way they'd reject my appeal. What if any options do I have now?
  10. What happens to bailiff fees if the bailiff company fails to collect? There's a £75 charge when passed for enforcement when passed to the bailiffs I thing. There's a larger fee when attending to collect.
  11. Full story http://www.bbc.co.uk/news/business-22276082
  12. Hello, This is posted in another section specific to the retailer concerned. I am also posting it here (general) as I hope that my post will help others as well as others helping this post etc etc......... OK, i am not able to post links, so need to copy and paste: This link:legislation.gov.uk/uksi/2005/2705/made states the following: I have quoted the above to the retailer concerned who have stated they are unable to match the price of equivalent goods as it is not identical to their own brand products. If anyone can help further with this, it would be appreciated! Hopefully, this thread will also help others who have purchased something under the illusion there is a price promise, only to find out that the price promise does not apply since the retailer has their own brand goods making it impossible for the consumer to find an identical product with another retailer. As far as I can see, the legislation makes it possible for consumers who have purchased a stores "own brand" product with a price promise to then seek an equivalent product with same specification, albeit a different manufacturer. Any help or guidance in this would be appreciated! After quoting the above law to the retailer, I was told that it is not their store policy...
  13. I do hope somebody can help as i am truly feeling harrassed now. On signing the tenancy agreement we were told that we cant get a copy and that it has to be signed by the L/l. Later we were advised that it was with head office. They said that the deposit and months advance has to be paid in cash as Natwest system was down. This was not true having spoken to Natwest that day. On moving in it came to our knowledge that the washing machine, tumble dryer and kitchen extractor fan was not working. The cupboard in the smallest bedroom which my toddler sleeps in has a cupboard with exposed wires. I put a big plastic box in front of it so she cant get access. For weeks i tried feverently to get these repairs sorted but they kept fobbing me off with excuses such as yes somes coming tommorrow to sort it out or that they had sourced a dryer its brand new and in another L/L's garage. They insisted that it had to be delievered on the day and when i agreed and told them anytime. They called to say that the L/l decided he wanted it. When i asked what make/style/or whether it even came with warranty they were not aware. This happened twice. Prior to signing we were told that a table and chairs and a fridge freezer is approved. I had also put this in an email that i requested this but the est agt did not reply via email.The fridge freezer that is currently there is too small it has less 2 1/2 shelves and no tray on the door to hold bottles. Now that that est agt has been sacked they are asking me for proof of confirmation. Around the 27th day of moving in they said that they want me to sign a prescribed information form for DPS. It cross referenced an old tenancy agreement (that they had asked me to sign for but i did not move in on that date as the boiler needed certifying). I said that i could not sign it as it cross referenced an invalid tenancy agreement. They then sent another tenancy agreement which had the landlords wifes' name on it. I refused on the grounds that it had to be the landlord contact details not the wifes. The est agt tried to pretend it was a mistake but it was evident by the fact that she had handwritten that she had gotten "his" consent to sign on his behalf on the last page of the agreement. On account of which she decided that she wanted to create a new tenancy agreement. I told her that I wanted all the paperwork associated with the tenancy agreement. In this agreement it states that the landlord will repair electrical appliances that are in the inventory. However, in the mutal agreement section she has declared that the L/l no longer wants an inventory. However, the day that rent was due he text me saying he wants an inventory done. I did not pay the rent. She took out the section relating to the landlord having landlord insurance and keeps the section requiring me to have insurance to cover £2k worth of content insurance. Since then the landlord has been sending an engineer around he is the fourth person to be viewing the property. I told the est agts that this is harrassment as they cant keep accessing the property and nothing effectively is changing. All of th engineers said that the goods need replacing, however this last engineer has said that the tumble dryer can be repaired and the extractor motor albiet is dead can be repaired. Please note no gas certificate was given until around 30days of the tenancy and when recieved it was dated 2010 then crossed out in different ink and different handwriting. I was legally advised to ask for alternative accommodation as the property was potentially dangerous. I was then advised that the est agt had contacted the plumber whom had the correct date on his ticket. The gas certificate said at the top Landlord so its not supposed to be my copy. I have checked land reg and it appears that he is the only landlord and it appears to be a residential mortgage as he is still registered at my address. Not withstanding i have contacted DPS and they have confirmed that they have registered my deposit but not sent the money and 30 days have elapsed. As i have not signed the last tenancy due to all the discrepancies can they argue that they were waiting for me to sign the tenancy agreement before they can actually send the money to DPS. I sent an email to the est agt and L/l stating that we want all the goods as per viewing of the property i.e. seperate washing machine and tumble dryer etc. I advised that if we are going to lock heads on these non-working items lets call it a day and come to a mutual agreement on leaving the property. I told her to send all correspondence via email. Instead she contacts my husband and advises that they are providing a washer/dryer that day. My husband agreed. I told him to contact them back and advise that we required the items as seen as per viewing and to send all correspondence via email. 10mins later theres a knock on the door and its the landlord with the engineer. She sent the email 10 mins before but never mentioned to my husband that the landlord was coming too. Can they do this? I have stopped replying to her email now as i felt that was the last straw as this is feeling like harrassment. I dont mind paying my rent once the repairs are done. However, est agt keeps emailing me asking me to sign, i have told her that i am seeking legal advise due to all the discrepancies in this case. The day rent was due (i did not pay) i recieved a reciept for window cleaning, i checked the windows they were not cleaned recently. However, I found smugged writing on the window upstairs stating " D**d I can" I feel really harrassed. I was told that the appliances were in working order and that table/chairs and fridge freezer were agreed from the est agt that has subsequently been sacked for embezzlement and i am being asked for proof of confirmation that he said it was agreed. Can I get out of this agreement? If i remain how can i protect myself from harrassment and what protection will i have for any further repairs that may arise? Sorry for the long email just thought i should give most of the facts.
  14. I applied for a small claims against the defendant in september 2011. There were three parts to the debt - items of mine which the defendant refused to return, a holiday i had booked which the defendant logged in as me and cancelled (i was unable to get a refund from the hotel/airline company) and cash which i sent registered post and had proof of signature. First court date was November 2011. The defendant didn't show, I didn't either due to being 500 miles away and currently on sick leave. The case was struck out and they lost my paperwork. Ideally it should have been dealt with on the grounds of the paperwork alone.The defendant admitted the first part of the claim and sent a cheque to me for the amount. The cheque bounced. A second court date was set for January 2012. The defendant wrote into the courts and said full settlement had been made. The court struck out the case. No settlement had been made, what happened is the defendant paid the money into someone elses account and used my name in the header field to look like it was my account. I sent in all my bank details to the courts to prove no settlement had been made. It took me 6 months of trying to prove this when i think the court shouldn't have taken the sole word of the defendant in the first place. At the start of June, I had a for mention and the judge made a court order that the defendant was to pay. 7 days passed and no payment. However court orders are not enforceable, only decrees and ccjs are enforceable. So I then have to write in again and am wondering why a judgement wasn't just given in the first place since the defendant has been given opportunity after opportunity to pay. Another two weeks pass and i finally get a judgement but its only for the first part of the claim! (which was the lowest amount out of all three parts to the claim and the one the defendant admitted to anyway). I spoke to the clerk and she told me that means the judge disagreed with me. I asked on what grounds but she said she didn't know. Unreal really. I asked if i could appeal and i can but the amount to appeal is slightly more than what i've been awarded. Overall a very bad experience. Is it worth appealing? and on what grounds? is it worth enforcing? The amount awarded was £100 out of a £500 claim.
  • Create New...