Jump to content

Search the Community

Showing results for tags 'own'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • 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
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV and Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - you need to register to access the CAG library
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News

Blogs

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

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


About Me


Quit Date

Between and

Cigarettes Per Day


Cost Per Day


Location

Found 80 results

  1. Thought id challenge the processing of my personal data by a former employer in relation to my banking data, death-in-service beneficiaries and emergency contact details (wife and son's personal data). I left the company in June 2016. The ICO's public guidance is that the aforestated data should be deleted once the employee leaves the company. The ICO has just made a decision that is contrary to the public guidance??? the decision states companies can process the data for seven years. This is bizarre - either the public guidance requires amending or the ICO decision in my case is plainly wrong. What chance has joe public got??????? Below is the ICO's public guidance. Example An employer should review the personal data it holds about an employee when they leave the organisation’s employment. It will need to retain enough data to enable the organisation to deal with, for example, providing references or pension arrangements. However, it should delete personal data that it is unlikely to need again from its records – such as the employee’s emergency contact details, previous addresses, or death-in-service beneficiary details.
  2. For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 4/9/17 2 Have you yet appealed to the parking company yet? [Y/N?] Y (stupidly enough to negate my Pofa) if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? Y - appeal rejected 5 Who is the parking company?Parking Control Management (UK) Ltd (“PCM”) 6. where exactly [Carpark name and town] did you park? Right to park in own development ("London City Island" according to lease. Paid £30k for it and MC just washed off their hands There is a clause in the lease that might make my case slightly different to the precedents that I had read: To comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of car parking spaces within the Parking Area I strongly believe that the regulation to display permit and getting "invoiced" for it is not "reasonable" contrary to the clause in the lease. I have already paid for the right to park, being charged for no permit would be unreasonable. CAG pdf_Redacted.pdf Appeal rejected_Redacted.pdf
  3. Hi I am hoping someone can give me clarification and how to approach as there is a lot of info out there and not sure if regulations have changed. I live in a block of flats where I own a flat and dont rent and have a designated parking spot. Stupidly I didnt stick my permit to the screen and just let it rest on the front and it must have fallen off. Regardless it went missing and last Friday morning at 6am I received a parking ticket from UKPC. I am not sure how to approach and whether I should email UKPC to appeal and explain my situation and hope they take some sympathy. Would appreciate any advice. Thanks
  4. Hi All Firstly, a massive thanks in advance for any advice that can be given. I feel a little bit lost in the law and unfortunately can't afford a lawyer so it's great to have communities like this to come to. My situation below: I live in a flat that shares it's car park with the rest of the block. The buildings management has employed ParkDirectUK to manage the car park and they require parking permits to be displayed. ParkDirect recently gave me a £100 parking charge as I forgot to display my parking permit. I contacted them with evidence of my residency and my parking permit but they stated that this is irrelevant as at the time my car did not have a permit. I then contacted the Independent Appeals Service (IAS) and they have rejected my appeal on the same basis. The question I have for the community is should I still refuse to pay and potentially go to court. Where does the law tend to land on cases like this? The full case (copied from my IAS appeal) is detailed below: ************************* ************************* ********* My Appeal Hello On the day I received my fine I forgot to put my parking permit in the window of my car. (Although in the pictures ParkDirectUK sent me you can see it in the holder in between the two seats). I am appealing this fine on the basis that I am a resident at the property and have the right to park there. You will find attached an image of my Parking Permit and the Visitor Parking Permit that belongs to my flat. In addition, I have attached an image which contains the relevant section of my lease (section 4) that states I have the right "to use the common parts". I have confirmed with Building Management that the car park is owned by the building I reside in and not by ParkDirectUK. I can also confirm that no where in my lease does it state I must display any form of permit to use the land. In addition, the details of my car had been submitted to ParkDirectUK and so they were aware of my right to park there. Thank you for your time Matt Section 4 of my lease: The right in common with the landlord the other tenants of the Building and all other persons entitled to the like right at all times and for all purposes in connection with the permitted use of the Property to use the Common Parts and all those pathways and accessways leading to and from the Property for the purposes of access to and egres from the Property subject to any rules and regulations for their common use that the Landlord may from time to time consider necessary ************************* ************************* ******* Operator's Prima Facie Case The operator made their Prima Facie Case on 01/07/2018 10:14:23. The operator reported that... The appellant was the driver. A manual ticket was placed on the vehicle. The ticket was issued on 23/05/2018. The charge is based in Contract. The operator made the following comments... This PCN was issued because the vehicle was found to be parked in a permit holders ONLY area and failed to display a valid parking permit. Whilst we do sympathise with the appeallants circumstances at the time of the contravention, there are nonetheless numerous warning signs displayed in various locations around the site including the sign in CLOSE PROXIMITY to the vehicle to ensure all approaching motorists are fully aware of the restrictions that are in force highlighting the need to display a valid permit in order to utilise the premises. We would now like to refer the appeallant to the Consumer Rights Act 2015 Section 64, which looks at what a reasonable person would consider fair. The myriad number of signs are sufficiently lit, are in an intelligible language and are prominent to draw the attention of a reasonable consumer. As such, a reasonable consumer would have acknowledged these signs. It can never be used as a defence in contract law to state that one did not see/read the terms and conditions (warning signs) once it has been established that the existence of those terms and conditions (warning signs) have been reasonably advertised. All of our warning signs have been audited and approved by the IPC who have deemed their location and content sufficient to disseminate all drivers of the restrictions in force. The signage at this location clearly connotes to all motorists the level of charges that were in force and you had the option to park elsewhere if you felt that the terms and conditions were excessive or unreasonable. By parking on site, it confirms that they agreed to park in accordance with the perspicuously displayed terms and conditions – including the level of the parking charge if it arose. The warning signs clearly state that vehicles must clearly display a valid parking permit fully within the windscreen and comply with all conditions on the permit. We have reviewed the time and date stamped photographic evidence taken at the time your vehicle was issued with a PCN and we can confirm that no permit was on display. As no valid parking permit was displayed the vehicle was indeed parked in DIRECT BREACH of the terms of parking as set out on the warning signs - these terms are clear and do not make any exceptions. Furthermore, all of our warning signs prominently displayed a 24 hour customer service telephone number which they could have called in the event of any uncertainty, and had they called the number they would have been advised which steps to take in order to avoid receiving a PCN. We must remind you that it is the driver’s responsibility to ensure that they actively observe and adhere to the parking restrictions in force when parking on PRIVATE PROPERTY and we would advise that they do so in the future so as to prevent any further PCN’s being issued. The appellant has provided a copy of their lease which does give them the right to use the common parts however, it clearly states "subject to any rules and regulations for their common use that the landlord from time to time consider necessary". The landlord has implemented parking regulations and the driver is aware that the permit must be displayed in accordance with the terms of the use of the permit as stated on the reverse of the permit and the terms as stated on the warning signs. ************************* ************************* My Response The appellant made their response on 01/07/2018 15:57:50. The landlord has implemented the parking charges for the purpose of deterring non-residents from parking in order to ensure that residents (like myself) have the ability to park when required. The purpose of a parking charge is to recover the losses that the landowner incurred for the space not being available. I am a resident and have the right to park. Therefore there was no loss, in any sense, incurred by the landlord or the residents by my parking there. Therefore I would ask a justification for the excessive £100 fine. ************************* ************************* **** Adjudicator's Decision The adjudicator made their decision on 12/07/2018 15:37:31. It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles. The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. For the avoidance of doubt, this charge has been issued on the basis that no valid permit was clearly displayed in the vehicle at the time of the parking event. I am presented with photographic evidence from the Operator that no valid permit was on display at the time the Parking Charge Notice (PCN) was issued. The signage throughout the site makes it clear that the restrictions apply to all vehicles parked at this site and that if vehicles park otherwise than in accordance with the terms a charge will be payable. I am satisfied that there is no evidence of a valid permit correctly displayed, or displayed at all. Whether a driver feels that they have permission to park or not, the contractual terms require a driver to properly display a valid permit and by not displaying properly any such permit they agree to pay the charge. The Appellant should have ensured that a valid permit was clearly displayed in the vehicle otherwise they should have parked elsewhere. It is the driver’s (rather than a third party’s) responsibility to ensure that the terms and conditions of parking are complied with. The vehicle was secure, stationary and unoccupied with no valid permit correctly on display and therefore, in accordance with the advertised terms, the driver is liable to pay a charge. The signage on site complies with current regulations and is sufficient to have brought the terms of parking to the driver’s attention. The signage is neither misleading nor unclear. The contractual terms require the driver to display a valid permit, otherwise by parking they agree to pay the charge. If for any reason the driver cannot display a valid permit they can either park elsewhere, or remain parked and agree to pay the charge. The Appellant chose the latter option. The Appellant also raises the issue of damages for loss caused. As the Operator does not allege a breach of contract they do not seek damages for loss. In fact they seek payments pursuant to a specific contractual term which I am satisfied was made reasonably clear to the Appellant at the time of parking by way of the signage on site. Demonstrating a genuine pre-estimate of loss is therefore not necessary. For further guidance on this point the Appellant may wish to consider the judgment in PARKINGEYE LIMITED and BARRY BEAVIS [2015] EWCA Civ 402 I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant’s circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed. ************************* ************************* ****** Thank you all for any advice you can give. It is very much appreciated
  5. Debt management bosses banned after transferring half-a-million from own companies READ MORE HERE: https://www.gov.uk/government/news/debt-management-bosses-banned-after-transferring-half-a-million-from-own-companies
  6. Last year I owned 3 vehicles and sold one last year and ownership papers passed on, I only had it one year, it was a sports car for the summer. A few weeks ago I got a letter through the post asking if I wanted to renew my insurance and if so it would cost £220, this was exactly what I paid for my camper van insurance last year and the quote came at the same time, I always insure it in April and tax it then. As it came at the usual time, I thought it was a decent price and put it in the drawer to sort out nearer the time. I then got a phone call asking if I wanted to proceed a few days later, decent price I thought so agreed. This was on the 29th of march. I then got another letter today asking if I wanted to renew my camper van insurance and thought it was odd as I already had. It then hit me like a brick what I had done. I had insured a vechicle I no longer own and the owner has it insured with someone else. I have read by law I have a 14 day cooling off period and I will ring to cancel tomorrow, but will I get charged fees for cancelling, if the car is insured by someone else and it was a mistake, will I still get penalised? I don't want them making their own rules up while I try to cancel. I can't believe what I have done, but I'm so used to insuring the camper in April I never checked the reg Thanks for any help
  7. Rent-to-own retailer BrightHouse has been told to pay £14.8m to 249,000 customers by the financial regulator, the Financial Conduct Authority (FCA). BrightHouse will compensate customers who had cancelled agreements after one downpayment but had not been refunded. It will also make payments to those who signed up to lending agreements that "may not have been affordable". The FCA said BrightHouse had not acted as a "responsible lender". http://www.bbc.co.uk/news/business-41732865
  8. Rent-to-own retailer BrightHouse has been told to pay £14.8m to 249,000 customers by the financial regulator, the Financial Conduct Authority (FCA). BrightHouse will compensate customers who had cancelled agreements after one downpayment but had not been refunded. It will also make payments to those who signed up to lending agreements that "may not have been affordable". The FCA said BrightHouse had not acted as a "responsible lender". http://www.bbc.co.uk/news/business-41732865
  9. Hi all, I received a letter yesterday from Rossendales saying I had to pay almost £3300 within 7 days due to HMRC saying I owe for overpaid Tax Credits from 2009-2010. I disputed the overpayment at the time, as HMRC wanted proof of my childcare costs and I was in dispute with my childminder at the time for an incident with my daughter where I removed her from their care and they refused to give me receipts, saying their paperwork was with their lawyer as they were going to do me 'for slander'.... I explained this to HMRC and said I couldn't provide the receipts. Haven't heard anything for at least 4 years now, and all of a sudden I have this letter from Rossendales saying they are collecting it. My personal circumstance has changed massively since the dispute, I am now married and a homeowner, however I am currently on maternity leave which will become unpaid after the end of February, where my only income will be my child benefit (my husband wants me to stay at home). Question one - if I have no income myself, what can I say to Rossendales? Question two - will they take my husband's wage into consideration? I wasn't living with him at the time of the supposed overpayment and the debt would not be his. Thanks in advance
  10. Hello I live in a cul-de-sac and my house is the last house on the road and I have my own drive at end. Today, I received a PCN code 62 while parked on my own Drive. It states 'Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway'. My car was parked with the back wheels just on the edge of the footpath, something I have been doing since 1988 but for some reason I have received a parking ticket today. The footpath ends at my house, although a neighbour whose garden backs onto my drive has put a small gate in his fence so he can leave his house from the back. What can I do in this instance as I will have problems parking on my drive in future? With the back wheels close to footpath, the back of the car stands over the footpath by a foot or more depending on the car that is parked. I would appreciate any help or suggestions
  11. https://www.theguardian.com/commentisfree/2017/aug/03/britain-world-beater-ripping-off-citizens-rail-fares-water-energy-bills British Gas increases its electricity prices will rise by 12.5%, starting next month. Just as the cold nights start drawing in despite the competition watchdog judged last year that British Gas and other energy giants were taking well over a billion pounds a year through “excessive prices” Thames Water divvied up £1.6bn in dividends to its small circle of shareholders Hinkley Point, at an estimated cost to British households of £30bn taxpayers still pay £12,000 a day for shut down pfi schools Tories currently trying to stealth sell off to the private sector for just 50 Million quid part of the NHS that SAVES the NHS 70 million pounds a year "These are all examples of the public losing control – over our bills, over our taxes, over our water and trains and schools. Will freeing ourselves of the shackles of the European court of justice or EU state aid rules or any other Brexiteer hobbyhorse allow us to “take back control”? On the basics that govern our lives we have lost sovereignty. Brussels didn’t sell us down the river: Thatcher, Blair and Cameron did."
  12. Hi Everybody. I'm new here so please go easy on me if I've missed anything. I live in the Olympic Village and pay £75 a month for a number allocated parking space in the underground car park which is managed by Gemini Parking Solutions. Last Monday (Bank holiday Monday 17th) I found a Parking Charge Notice on my windscreen and a ticket attached for £100 or £65 if paid within 14 days. I also found that my parking permit had fallen off of the dashboard onto the footwell. I emailed my managing agent who asked for a photograph of my permit + a photograph of my ticket and they would ask Gemini to cancel the ticket. I received an email back today stating that because the permit wasn't on display they can't cancel the ticket. I've filled in as much of the information below as possible and would really appreciate any advice on how to proceed. 1 The date of infringement? 17/03/2017 2 Have you yet appealed to the parking company yet? [Y/N?] N if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it Did the NTK provide photographic evidence? No NTK 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Gemini Parking Solutions 6. where exactly [Carpark name and town] did you park? Venetian House, Olympic Park, Gemini Parking Solutions
  13. Apparently he had repeatedly asked how much he had been overpaid/overclaimed and he never received a response. He was terrified that he would be £thousands in debt. Another tragic victim of the benefit system http://www.mirror.co.uk/news/uk-news/coal-miner-took-life-after-10477308
  14. RBS made me an offer of £2k for ppi from 2003 They said they would pay me by cheque. However, the other day I had a message saying "we have deposited the money into your current account. On checking this I found that they hadn't deposited into my account, but to their own holding account pending further investigations. I phoned the ppi office to be told that the loan on which I claimed the ppi had arrears and so they were investigating. However, I then phoned RBS credit management and they confirmed I had no outstanding debts, but then claimed they still need to investigate. If they suspected this, why did they agree that ppi was refundable and why can't they find any evidence. Really frustrating! I have to wait another 28 days now while they investigate. Anyone dealt with this before?
  15. http://www.thisismoney.co.uk/money/news/article-4425464/Staff-meltdown-Financial-Ombudsman.html Sorry If I posted in the wrong place or if it has already been posted.
  16. I have a debt under my DMP that is now with NCO Europe I presume they are merely the collectors for the original business-Direct Line Loans. Can anyone offer advice about this?
  17. Complicated story. My neighbour confided in me she just found out she is being evicted at 9am on the 11th Jan 17. She is 69, has long term mental health conditions and her affairs were previously handled by the court of protection for some 20 years. She is a leaseholder (66years remaining) of a flat within a house conversation, it appears from the paperwork I have seen the landlord has been successful in gaining possession and she is now being evicted by way of forfeiture. The original claim for forfeiture in 2014(?), which was withdrawn states for reasons such as no access, not washing windows, putting flowers on the window ledge. There has been ongoing disputes between her and the landlord, ever since as she claims they illegally required the freehold (Some 20 years ago) and she refused to pay a premium of 100k for a new lease, which cost them (the other two leaseholders) £2.5k to get the freehold. Her property in size equates to 40% of the building. This lead to them harassing her, failing to carry out their repairs and reporting that they thought she was dead and the police breaking in. She was sectioned under the mental health act ( a few years back), when she disclosed past incidents. For the past 18 months she hasn't opened mail due to her health and conditions. The mortgage company wasn't initially apart of the claim, but they have adjoined and appear have been granted some relief at some point. She has only realised, a friend insisted she opened up the mail and that when she found last weekend she is being evicted next Wednesday. I know she needs to complete an N244 but what should be included?, I have taken a copy of the guidance. She is not entitled to legal aid, because of the equity in the property and solicitors want up front fees, and/or short notice. Any help would be much appreciated. I have only had 2 hours sleep myself and have to wake up to 4 kids (one who is broken his leg), work, a meeting with my brothers mental health team who have failed him drastically and assist my neighbour, along with my own health issues. So I need to get some sleep, but will check in the morning for any advice on completing the N244 or anything else. I have quite a few of the court papers but need to scan them, which I hope to do tomorrow at some point. Many thanks for reading and I hope we can help her.
  18. Its a first post I'll be brief. One year left on mortgage. trouble with payments, only £7000 left to pay and will be paid off next year. Santander want to threaten me with litigation and take me to court. I was forced to take early retirement couple of years ago due to cancer. Any advice? going through the usual channels RE debt advice, expenditure etc cheers guys Meicimac
  19. http://www.bbc.co.uk/news/world-us-canada-38164590 I probably would have ... But I hope I would have had the kokum to pull my hoody up...
  20. My daughter is 14 and has been a poolside assistant since May. She works 1 hour per week and is paid £5. She is basically in the pool with young children and assists them during their swimming lesson. She ensures they don't get into difficulty and supports them if they become scared or upset. She has been told that she needs mandatory lifesaver training to continue with the job but it will cost her £90 to do the 7 hour course and won't get paid for her time either. This means that it would take her 18 weeks to pay for the course. We were told she would need training but not at our own cost. I thought that mandatory training for a specific job should be paid for by the employer and possibly paid the hours? Surely their request isn't legal and it's an employers responsibility to provide the training? Please advise
  21. Hi, I am in receipt of Employment Support Allowance and I would like to run a small not for profit community project, which I would like to register as a Community Interest Company (CIC) and would volunteer running it part time ( a couple of hours per week). I understand if I’m in receipt of ESA I am allowed to do some ‘permitted work’, and that specifically includes volunteering for a CIC company. However, I cannot find any information whether you can or cannot register your own CIC and volunteer for your own CIC while in receipt of ESA. If anyone has any information on this, I’d be most grateful. x
  22. I am trying to replace my rather elderly Volvo estate. At the moment, I have a wheelchair hoist in the boot that lifts up my wheelchair and deposits it into the boot. The hoist is matched to the car, and the wheelchair, and it can be a pain finding a combination that will fit, and obviously, some tailgate openings are just too small. I therefore went to Volvo UK, and asked them for the dimensions of the tailgate opening of each of their estates - I mean, there are only three, and armed with those numbers I can go to the vehicle adaptations place and see whether my current wheelchair is possible, or if, indeed, any wheelchair/hoist combination will go in to the new body shape. Usefully, so far, I have been sent a price list with the boot volume in litres - and when I pointed out that was not what I needed, I was told to go to the local dealership and see whether my wheelchair would fit. I can think of various reasons why I would prefer their customer service to answer the question I asked: 1. They are unlikely to have all 3 estate models in one dealership. 2. They are unlikely to be very pleased at me lifting a large, scratchy, metal chair into the boot of a brand new car. It does scratch the bumper, and make marks on the carpet. 3. They are unlikely to be very pleased at me asking two members of staff to lift it into the cars, three times over. 4. It would still only give me a guess whether there is space for the hoist. 5. It is a long drive. 6. If Volvo UK are so flipping unhelpful now, before they have my money, I suspect that I have no chance afterwards. Reason 6 may yet prove to be the reason that makes the decision for me, despite my having passed my driving test in a Volvo, and always having driven them since. Does anyone have any idea where I could find the information on the actual size of the hole what leads into the back of the car on the 3 Volvo estate cars currently available?
  23. Citizen Advice are asking customers of rent-to-own companies to complete a short survey about your experiences of shopping at BrightHouse, Perfect Home or Buy as You View. Your responses will be used to produce a report about consumer experiences in the rent-to-own market. This report will be used to see whether more can be done to protect consumers such as yourself. https://docs.google.com/a/citizensadvice.org.uk/forms/d/1-exGdFfQaO9CiwOKicwroUQvh5bg0J2F1fCZHJBsL5Q/viewform?edit_requested=true
  24. I received the following PCN outside my house and want to appeal as my car was not blocking the dropped part of the footway. I was in a hurry when I left yesteray morning so I didn't take a picture of the side of the car from the road which would have clearly shown it was not blocking it. heres the PCN And now a couple of the enforcement pics - note there is none showing the side of the car from the drivers side as this would clearly show no blocking In the bottom pic you can see the other enforcement officer in the background smiling - not very professional! Now my pic showing with the car and then without so you can see the full kerb. If you look at the amazon box you can follow the line to see my car is not blocking it. I need help with wording the appeal. You unfortunately cannot see my house on google streetmap. I have an 8 month old and suffer with sciatica and have my own private space at the back of the house. I only use the front when i am on my own as it is less to walk to get her out of the car. Needless to say i dont think i really need to use any of this as i have not committed any offence. Yes if i was over the stones in the road or blocking the dropped kerb then I would pay up. they got me once before on this further down the road in another car so i really am cautious about parking on the road .
  25. i have been dealing with housing options as well. this is about my landlord misleading me from the start with fraudulent tenancies. ie 1 making me pay a bond and months total £600 for my own tenancy in a two tenancy house 2 making me sign and witness the other tenants tenancy and £600 when, in actual fact, he had not paid a bond or months rent at all. i was told this three months later by the landlord in a recorded meeting 3 the landlord did not protect my bond and as a result of this, I am in a horrendous position 4 the landlord returned my bond 2 months after i paid it and then claimed that the tenancys signed were now actually a single shared tenancy 5 making me responsible for the other tenants debts 6 the landlord is now lying to the court in claims against me which i want to defend 7 he has mislead the court about arrears (that i was not in) etc etc housing options have applied for legal aid on my behalf. legal aid said i should apply for legal help but housing options applied for more legal aid and were granted full aid they say the notice the landlord gave me is wrong but they dont seem at all interested that the landlord commited fraud in the creation of the tenancies and the way i see it is that housing options are assisitng the landlord in misleading the court because if the tenancys were fraudulent, the landlord should be being investigated and housing options should be challenging the landlord about this and disclosing this to the court in the public interest. i believe when looking at the solicitors code of conduct, that fusion housing should be looking into this and not just seemingly trying to process me into alternative accomodation i asked fusion housing for a copy of the court bundle documents and have been told that i will need to make a data subject access request that will take 40 days to process if i want to see my own court documents. this is unhelpful as i am due in court on september 5th, in a couple of weeks. i would like to withdraw my permission for them to act for me and i would like to represent myself in court i need to make a notice of acting in person letter but am unfamiliar with the correct procedure to follow i understand the court can only allow me 40 or so days extra in the house. but really i want to defend the allegations the landlord is making against me. i have a solid defence fusion housing have said that i dont need to defend the landlords POC. as far as im concerned they are his particulars of claim and if i dont defend them i am allowing them to be on the court record. i really dont feel comfortable with the way this is bieng handled and the way housing options have seemingly taken over and are proceeding with my case i am alarmed to see that the solicitor is earning between £56 to £200 + an hour. i have no idea what they are doing with my file or what is happening i have asked to see my file and am now asking for a copy of the court documents. both are not forthcoming. any help or advice would be very much appreciated. housing options have applied for legal aid on my behalf. legal aid said i should apply for legal help but housing options applied for more legal aid and were granted full aid they say the notice the landlord gave me is wrong and that they will be representing me at court but they dont seem at all interested that the landlord commited fraud in the creation of the my tenancy. i find that alarming i understand the court can only allow me 40 or so days extra in the house and am desperately looking for alternative accomodation. fusion housing have said that i dont need to defend the landlords POC. as far as im concerned they are his particulars of claim and if i dont defend them i am allowing them to be on the court record. i really dont feel comfortable with the way this is bieng handled and the way housing options have seemingly taken over and are proceeding with my case i am alarmed to see that the solicitor is earning between £56 to £200 + an hour. i have no idea what they are doing with my file or what is happening i asked fusion housing for a copy of the court bundle documents and have been told that i will need to make a data subject access request that will take 40 days to process if i want to see my own court documents. this is unhelpful as i am due in court on september 5th, in a couple of weeks. can i do an acting in person letter to the court and charity and get some control back over my file? how many sets of wet signatures should there be when signing one contract? I am asking this because my landlord says there is only one contract attached to this house. when i signed my contract, i was lead to believe that the other tenant had a contract as well as me. both contracts were signed and witnessed. the landlord took them away to copy them i would have thought that if there was only one contract then there should be only one set of signatures there is something wrong here as there are now three copies of signed tenancies. each one has a different set of signatures. the landlord has them all but I have copies. I dont remember signing 3 contracts and my signature looks very odd in contract 3 ( which the landlord has submitted to court as the main contract) the reason i think there is something wrong here is because each one shows that a bond and months rent of £600 were paid at the signing of the tenancies and each one has been signed separately. it is clear to see as the signatures are not identical, so there were different tenancies that were signed does that mean these tenancies say there was 1800 paid to the landlord at the start of the tenancies or just £600? is this one tenancy or three? when i signed my tenancy, i paid £600.(bond and rent) the landlord now claims that there was one tenancy and that it is a joint tenancy when i signed my tenancy, the landlord and other tenant lead me to believe that he had paid £600 as well and i was asked to sign and witness his tenancy. i found out three months later that the other tenant had not paid anything at the start of the tenancys and i have been mislead from the start the landlord returned my bond after two months and did not protect it. when i gave it him back he tried to say he wasnt taking a bond and the £300 he took back was for the other tenants rent but later changed his mind i believe at that point the tenancys were changed and bonds altered , i became liable for the other tenants debts the other tenant had lived here for a few years before i moved in there was already a bond on the house when i moved in. the old bond was then repaid to the tenant after i moved in even though the tenant was in arrears and there were outstanding repairs when i moved in. when i signed and witnessed the new tenancys the tenant did not pay a bond or months rent but i was lead to believe he had by both of them because they had filled the tenancys to show he had paid £600. in reality, the other tenant was in debt at the start of the new tenancys and they had both lied to me now the landlord says it was just one tenancy and we are joint tenants and he wants his house back if it really was one tenancy why are there so many versions and why was i the only one who paid anything? i feel i was used from the start to get the old bond returned to the old tenant so that the landlord could get him out. the old tenant is heavily in debt and has made no attempt to pay rent or bills. the landlord has allowed this to happen and made no attempt to rectify this. i have been paying my rent and was paying the bills ( his debts!) although i cant access data about the accounts. the bills were in the other tenants name before i moved in. the landlord didnt change this. i believe there were already debts before i moved in and this is why they stayed in the old tenants name. the landlord has been free to manipulate all this and i am finding it difficult to get help or advice regarding the validity of the signed contract or contracts and i am confused as to where i stand. i realise the landlord can ask for his house back at any time but i think the way this has been done is very wrong. i would never have left my old home to be on a joint tenancy anyway and especially with someone who was already in debt i have repeatedly tried to discuss the tenancy, rent, bills and bond with the landlord. i started recording the visits. the landlord was doing monthly inspections and coming without notice. i was being bullied by them both. here is an extract of a recording of a visit without notice from the landlord where the bond was discussed. when the landlord gave me the £300 bond back in january, i gave it straight back to him. he took the money away but did not leave a reciept. I paid my rent into the bank a few days later. (AA is the landlord, AR is me.) ....... AA this is what I'm gonna do right, this is what I think should happen, yeah? So this £250, right, that you already put in and this £50 AR £300 AA is £300 right. By all rights yeah That money is next months money for you, yeah AR or my bond AA I'm not taking a bond. I cant take a bond right. You have a month or two months I think under the - that's why within two months I came to see you before the end of two months AR two months? You've 14 days to pay the bond in AA right so AR to the bond bank, but you didn't tell me for two months AA. yeah so it didn't happen. Yeah AR I could have got somewhere else AA yeah so it didn't happen, right but just hear me out here yeah? Look, I couldn't put it into the bond account because Mark, yeah ? Rightly or wrongfully, wrongfully, he didn't give me the money yeah? So that's why I said, sod it, give it back. There you go yeah? So the bond is, is, forget the bond, I'm not taking a bond off ya. like I says to ya, here, you know, foolish me or whatever, but, you know, I think that's my perogative" here is another extract regarding the bond .......... AR ...so had that tenancy ended then? AA it abso.., yes it ended, yeah. That's why you signed a new tenancy agreement with Mark AR Right, but why did only me have to pay a bond? AA right so you both had to pay a bond but unfortunately Mark was in rent arrears and he didn't have no money to, to, to kind of pay the rent or the bond money so that's when, remember when you? We, we, we took down, you gave me half of the bond money and to which later on I, I, I just gave that back to you because obviously it was quite clear Mark didn't have the money to pay the bond money so we gave that back" I feel that they have both really taken advantage of me and the whole thing about the tenancys and bonds is causing me great distress. I am trying to fully grasp what is/has happened here and how it will affect me.
×
×
  • Create New...