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  1. CAN ANYONE WHO READS THIS PLEASE GIVE ME SOME THAT IS CORRECT AND FACTUAL BECAUSE I HAVE TO HAND IN MY DEFENCE FORM AND EVIDENCE TO THE COUNTY COURT TOMORROW. This is something I think everyone should read as it may help you defend a sec 21 and eviction. I will give as much information a possible without it becoming to long to read or confusing. I will refer to the Landlady as She or Her. In August 2017 I moved into a self contained unit in a house that had been converted to 6 flats each with electric meter, bathroom, simple kitchen unit but still classed as a self contained studio. She did not take a deposit to avoid depositing it. Even the kitchen and bathroom had been converted into flats. as it had been done a few months before the other 5 tenants and i had moved in there was a lot to been done yet the landlady still demanded the £800 monthly rent. In addition the electric had been sub metered and we/I were have not been given a top up key or card we had to give Her £10 every Sunday and she would use a disposable prepaid card then tore it up so we could not read what was on it. She was charging us 20p kwh day or night. She put the heating radiators on when it got cold in December and put it on a timer to suit her as she was paying for it. I noticed that the extension at the back had walls that were not straight and all partition walls had no insulation. Heating the place got very expensive costing Me £40 a week. That suited her very well that she gave every tenant an electric blanket for Xmas . All the other tenants praised and thanked her saying she was the best landlord ever. OK I WILL EXPLAIN VERY BRIEFLY By now it was clear that getting them to report her to the council would be futile so I did it myself in January. They told her and she gave me a section 21 as tenancy was 6 months. I read it would be invalid if name was spelt wrong and she put a O instead of A. I had broken my leg badly mid January at work so was off for the next 6 months and being self employed the council now paid my rent. BTW....4 other tenants all on ESA and taking illegal substance paid for by tax payer. I thought council would take action but nope. I lived in a hostile place but they slowly came around to listening to me when I showed them how she was robbing us. It was only 30 June 2018 that a enforcement notice came from the council stating no planning permission and illegal use as flats that has to be rectified within 4 months of the notice. I thought finally they took action even though very late. 11 July an eviction notice is put under my door saying I had to be out on 19 July. Seems she had had a tenant get all important mail so I did not even get the defence form. i text her and asked where all that information was and she just replied i have until 19th. On 18th in went to court with a few photos of the place and n244 to stop eviction and give me a hearing and got one for 20th. On the 19th she came to the house and thought I was out I could hear her shouting to a tenant in room 6 above me as I am 4, asking why he didn't tell her I went to court etc. I ignored them and did my research for hours trying to find something to help as I knew the wrong spelling would not be enough when she tell court a lie that I got all letters from court. I was up all night and went to court for 10am and she was sitting there looking all confident. what I did was to tell the judge that the sec 21 was invalid because the EPC she gave me was not valid as law state every self contained unit must have its own EPC. she must pay me £200 and face a fine of 5000. I went on to say the GAS cert she gave me was also invalid because it has a Beko gas stove test results in the kitchen....OPPS, there is no kitchen in the house or gas stove, I went on to say the law says if she sub meters electricity she can't charge more then what she is paying the supplier and if she did she is to pay me back double plus the bank of England interest rate (needs better explaining I m writing fast as its getting late) she charge 20p and at times was paying 10p. The Judge had to look up everything I said for 30 mins then came back and told her I made my case the sec 21 is cancelled. She did say anyone can say they didn't get the defence form and he explained that when I got the eviction notice I contacted her and took action in taking evidence to court, And that did not make a difference because my EPC evidence is water tight. She kept insisting about the defence form so the judge said he will give me the form and other docs and I should file my defence form in 14 days which is tomorrow. to make things worse she offered me £500 to move out as she needs the property empty to do the work and I turned it down. She turned my electric off this past Monday saying she was changing the meters. Yet I told her I was doing my evidence for court and she kept it off all day. My question is can counter claim and ask for the £920 paid in electric, £200 for epc, my time and expenses gathering evidence and the stress I been through in the past 2 weeks or do I have to file separately in small claim court? I also want the court to award me an amount that will get her to know she is not above the rule or law because she has 12 other tenants living in the same type unit as I and just yesterday she tried to rent flat 1 that got vacated when she gave a sec 21 because he spoke up to her Thank you for your time.
  2. hi we moved into a house association property when we Received the property there was no fire alarms in property. Who should have been responsible for this as a company is renting out the house With my knowledge there should have been a fire safety check done and they should have fitted them as before I moved in someone else was living here and surprise when they renovated they did not fit fire alarms.
  3. Id really appreciate some help on this, I always pay my bills and I'm annoyed I'm getting chased for this. The Problem Me and a room mate lived in a 2 bedroom flat, arrangements were made by a student only letting agency on behalf of the landlord. Before signing we were told we had each got £8 a week allowance for gas/elec/water, but that the landlord would be handling the water bills. A few weeks ago I got a letter from a debt collection agency saying I owe the water company for the property £260. I didn't respond to any letters from the water company because I haven't lived at the address for a year now and I wasn't expecting any letters in the first place. For some reason its addressed to me only, not me and my my room mate. I rung them up instantly and explained how the bill wasn't my responsibility (I maybe shouldn't of done this, this is my first time ever dealing with this sort of thing I always pay my bills), they put the case on hold for 14 days whilst they investigate, I rung up the letting agent and they emailed me a copy of the agreement we signed for the property, although they said they no longer have a signed copy, me or my roommate also do not have a signed copy, I kept it for months and just got rid of it recently as I thought i wouldn't need it. I sent them the unsigned version, they said it wasn't enough. I went to the lettings agency and got them to provide a signed letter that states that the unsigned contract I had shown them was in place during the dates they provided and that it was the landlords responsibility (attached to this post), they replied saying that it is still not good enough and that I still needed to pay. They are constantly emailing me, I emailed back asking for an original invoice of the water bill addressed to me (Someones advice, I was sure they wouldn't have it as I never agreed to pay for water or expected one whilst living there) and I received an invoice today in the mail addressed to me. According to the invoice I owe Northumbrian water £160 however the agency is saying I need to pay them £260. More information: I also just noticed the letter the lettings has provided had the incorrect dates (16/17 instead of 15/16) on it which don't line up with those that the debt collectors have provided (when they should), I've emailed asking for a corrected version. Me and my room mate are still friends, if needed he was willing to still split the cost of the bill with me, id rather not have to do anything to jeopardise our friendship The invoice and letters are solely addressed to me for some reason I've done a credit check and this hasn't affected my credit score The dates provided by the credit agency for the water and the dates we lived there do line up I don't have any contact information for the landlord Any help will be greatly received, I will be monitoring and replying to this thread.
  4. Good Afternoon, Looking for a bit of advice. I bought a new car in July last year. It stutters and hesitates and can be quite dangerous when overtaking never knowing when your going to loose power. Fault is intermittent. After 3 months placed into approved dealer. They looked at it for about 5 minutes, never found fault (of course). Just before the 6 month mark I complained to the finance company and informed them I sought remedy of the fault. (Pretty much the exact words. I never said I wanted it Repaired or Replaced but 'sought remedy) Finance company contacted the garage I went to 3 months previous and on this information closed down my complaint because on the basis of that visit deemed there was no fault with the vehicle. They also stated their point of sale liability had expired which it had not because the contract was still under 6 months old. Their conclusion was that I now get the fault repaired under the terms of my warranty. I gave them an opportunity to review their position. They maintained it and stated that this response formed their final response on my complaint. I rejected the vehicle and raised a court action to enforce this. Finance company are stating that the court action was raised prematurely and they were not given an opportunity to repair or replace the vehicle (under the 2015 act). My argument however is that I did. I sought remedy of the fault and they completely shutdown my complaint pushing the liability for getting it repaired on to me. before I go on too much, thoughts? Should the Finance Company have offered to have the car checked and attempt to repair the fault? I think I am trying to work out the following. Is the onus on me to find the fault or is the onus on the Finance Company as the trader (under the 2015act) to attempt to find and repair the fault when a complaint is raised? Thanks
  5. I have an Openreach engineer booked for tomorrow and BT are adamant their tests show it's an internal problem so I will be charged. The line is dead, no phone and no broadband. At first I was told to go through the checks for faulty equipment - fair enough. Currently there is one of their filters plugged into the test socket on an Openreach installed master socket and the only thing attached to that is a BT hub. Now they're saying if it's the master socket I'll have to pay because it's inside the house and I own it. Is this right, if so I'd rather pay the local ex BT guy £40 than BT £130. Do I own it? Am I responsible for it?
  6. Dear all, I've just discovered that the sub-floor and joists that were replaced only 6 years ago in my Victorian house have rotted again, I'm told by an independent building contractor, due to inadequate damp protection. A master carpenter/joiner replaced joists/sub-floor and oak flooring only SIX years ago, due to the originals rotting. My question is can I reasonably expect the carpenter to contribute to the cost of this new work, which will essentially be to rip up what he did 6 years ago, beef up any existing damp protection and then rebuild the floor from the ground up? I feel he bears the responsibility for not highlighting the need for adequate damp protection in the first instance. Many thanks.
  7. Hi All, Please bear with me. I was made redundant over a year ago, and as a single Mum, I've just started my own business, but am still relying heavily on benefits while I find my feet - financially. Our landlady's told us she's selling the house in June and as we've been here for 5 years and are so happy and settled, I'd love to somehow be able to buy it. The house is expected to go on the market for 220K. My mum recently sold her house and has a 30K deposit she can give us and I'm now considering the following options: 1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this? 2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this? I'm pretty convinced that our dream's not achievable, but I thought I'd ask here first - I've heard great things about this forum. Here's hoping, Many thanks in advance.
  8. Hi I have damp on the sitting room of my wall which has spread in bits across the wall. I first thought it had come through from my neighbors house, and then I just thought it was due to a decorator usingbway too much paste on the wallpaper (which we ended up removing as started to mouldy and feel damp). just recently noticed outside of my house on the street there is a patch of tarmac missing/worn away which is exposing bricks below the damp proof course, so now I'm thinking this is where the problem has started from. Would the council be responsible for the repairs to have my wall fixed (the street is public, no garden) or would I still have to pay being the home owner. Thanks
  9. I just need some advice and help in what to do to trace this miss sold PPI in 2001. I bought a car from Northampton Car Shop end of 2001. I have some record of paperwork with an agreement number. I was paying First National Motors PLC a direct debit – their letterhead states First National Motor PLC is an Abbey National Group Company. Abbey National Group Company rebranded itself as ABBEY and then it was taken over by Santander UK plc. I bought the car for £6000 and ended up paying just over £8500 with added PPI. Every month I paid a direct debit via my bank to First National motors PLC via the third party agreement (The Car Shop). The Payments with PPI added was so high and I was struggling to make monthly payment I ended up getting a further loan from my Halifax bank to pay the car off. I paid the total amount off in 2004 with interest and PPI. What I have done so far: 1. I contacted the car shop complaints department and they said they are not responsible even though they sold the car and they have no records that way back and i needed to contact First National Motors PLC who I made payments to which was then First National Motors PLC. 2. I could not contact first national motors as they were taken over by Santander in 2004. 3. I then wrote to Santander and they wrote back to me stating they are not responsible and I should contact who ever sold the PPI (Third Party car shop) and this was their final response. 4. I then wrote to the FSA who was as much help as a chocolate tea pot and spent nearly two years trying to find out details with nothing. I do not know what investigations they made as they wrote back they could not find who is responsible. I am still confused who is the person I need to be contacting to get my money back. It seems to me everyone is fobbing me off so that I would disappear. Who do I send a SAR or CCA to please ? OR do re-open the case with FSA all again .
  10. After reading a number of threads I think I have made a mistake. I have 2 debts with Natwest 1. overdraft 1. loan account which they have combined together and I have been paying them an agreed amount .In 2008 I managed to get them to put in writing that they cannot produce an agreement for the loan and further they agreed that all of the money I pay them will be deducted from the overdraft only and it will revert to paying of the loan account when the overdraft is paid. According to their statements they are sticking to that arrangement .I am not paying any interest,and I have recovered all of the charges ,and rather than rock the boat, it is my intention when the overdraft is paid I will then say I am stopping payments as the Loan Account has no Agreement . The threads I have been reading all say banks cannot combine debts . I think I have shot myself in the foot, i s this the case, or can I make them separate the accounts or do I stick with the current arrangement until the overdraft is paid...........................FS
  11. On Monday of this week I was in a meeting at work with about 20 or so colleagues. One of them had only just joined the company and was staying over in Manchester (head office) as he was based in the London office. Unfortunately during the meeting this colleague had an epileptic fit, falling off his chair and banging his head. Our office first aider was on in the room in seconds, and asked for coats / jackets to be placed under his head to prevent him from injuring himself further. As my suit jacket was on top, it ended up being covered in blood. Later that day I took the jacket to Timpsons to be dry cleaned, however they refused to take it as the blood hadn't fully dried, so returned it again on Wednesday. Yesterday I picked it up to find that most of the blood / saliva was still on the suit. Timpsons have offered to re-clean the jacket, however say that there's no guarantee it will come out. I wasn't to bothered about the cost of cleaning the suit - A couple of pound is nothing compared to the guy having a fit and injuring himself, however I am a little bit more concerened if the jacket is ruined, seeing though it cost almost £200 only 3 months ago. My question is, if the jacket / suit is ruined, who's responsible for replacing it? I don't want to come across as cold hearted, however I also don't want to be massively out of pocket. Is it My employer - They specify that you must wear a suit to work. The culture dictates that this is a nice suit and the phrase "look like your going to a wedding is often banded about. It was my work's first aider who placed the jackets under my colleagues head, as well as the presentation video (put together by the marketing team) without no warning of flashing lights which seemed to set his fit off. My colleague - He was staying at head office for a week and didn't bring his epilepsy medication. He knew that he was prone to fits (as he said the following day) but didn't speak up when told we were going to watch some videos on the projector. Me - That's life. Things happen beyond our control and I have to live with it. As I say, I don't want to come across as harsh. I'm not particularly fussed paying £10 to have the jacket cleaned. I just don't want to be £200 out of pocket (more if the suit is no longer sold as the trousers would be useless without a jacket) when it wasn't my fault. I'm going to wait until I get the jacket back from the cleaners for the second time before raising the issue with work. Also, if you were in this position (had your clothing ruined) or my colleagues position regarding the ruining of someones suit what would you do? Thanks in advance Scott
  12. Well I like to think myself super cautious when it comes to dealing with money but I recently discovered 2 fake £20 notes amongst a wad of notes I received for selling a mobile phone. Did some retail therapy around town then I went to my local supermarket and brought some bits and bobs and returned home. Later on that day I went back to the same store and grabbed some groceries, after leaving the store a member of staff came running screaming and shouting for me to stop, felt well embarrassed to say the least and I patted my pockets just in case I had somehow put something in my pocket by accident. When we got back to the store they explained that I had used a fake £20 to buy the goods and showed me a £20 note, now I knew from her manner and obvious experience handling cash that it was a fake note, but to me it looked absolutely real. They then snatched my bags off me and asked me for the change which I was in the process of removing from my pocket and again they snatched that off me, felt like a right criminal, "its the second one we had today" said the assistant and refused to give me the note back. I asked for a receipt for the note at which point the manageress gave me the note back and said I should take it to the post which was fair enough and her attitude was far more reasonable than the staff member who was treating me like some sort of underworld figure, this is my local store I use it 2-3 times a day. Any ways alarm bells started ringing and when I got back and googled I discovered it was indeed a fake £20 and amongst the bundle of notes I discovered 1 more. At this point I felt sick, I received £400 for my phone and £40 of this was fake notes, then it struck me. I had been in the store earlier and used a £20 note from the bundle,could it be that it was another fake. Question is should I have given them the money back, I know morally the answer is yes but legally do I have to return the money once they had accepted the fake note, for that matter if I contacted the buyer who told me he did not realise the notes were fake, would I also been in the same position as the shop keeper, at best a civil case ? I had spent some of the money before this incident in various stores around town, now I am not sure if any of that was fake but I did not have any problems so I can only hope it was genuine else I have become a major distributor of counterfeit money in my area.
  13. I received a letter recently from the DVLA i took my vehicle off the road a couple of months ago and therefore cancelled my direct debit but forgot to declare sorn until the start of this month. ive just seen a letter from the DVLA saying im required to pay the existing £181 of direct debit within seven days!!!! ive only just seen it and that was sent two weeks ago. Surely they cant expect me to pay £181 just like that?
  14. Cut a long story short, I have a dispute with Tax Credits that has been ongoing since october. After many missed deadlines on their end and so many calls to them I have lost count they have basically decided I am right and I have to get the money owed to me. However there is some sort of technical problem which prevents them from issuing the payment to me, something about someone hitting the wrong button on a computer which caused the claim to be closed and so a payment cant be made on a closed account. Apparently the only people who can fix this are in the IT department and they have a massive backlog. It has been weeks and weeks since I was told this and the situation has not changed. At no point since this started in October have I had any letters or calls from tax credits, although they claim to have called me several times, yet I have never had a missed call on my mobile from any numbers I didnt recognise as being in my contacts. Tax credits complaints department said I could complain to yet another level of management (there seem to be lots of these) within their department but it wouldnt do any good so they refused to give me any contact details for this person. So my question is: Who are tax credits responsible to? everything has an ombudsman or something these days but I cannot seem to figure out who this would be for HMRC. They owe me around 400-500 pounds (they wont tell me a figure either, although admit a payment is due) but seem unwilling or unable to give it to me. They also told me if i was in hardship i could be issued a giro cheque, I am not currently in hardship since I am now working fulll time, but I sure as heck was back in october when there was absolutely no money coming into our household and I racked up over 2k in credit card debt just to keep going, no one offered me anything back then other than more deadlines that they would then miss and extend without reason.
  15. If the Local Council make a mistake with Housing Benefit are they the same as HMRC it is still my responsibility for their errors?? thank you FS
  16. On Friday I was extremely concerned about a thread on one of the ‘Beat the Bailiffs’ facebook sites that eventually led to the debtor being removed from his car and with many police in attendance. Background: The debtor (Tony) did not seek advice on the site. Instead, his brother Paul sought advice from the Social Media Site on his behalf. It would seem that ‘Tony’ had not paid a penalty charge notice and accordingly, a warrant of control was issued and passed to Marston Group to enforce. The bailiff attended the property early last Friday and after a short period of time, clamped his car. In ‘Paul’s’ initial post he called for ‘Boots on the Ground’ to attend the address (in Oldham, Lancashire). As is usual with the site, the full address and postcode were provided. One poster (John) spoke with Tony a number of times and reported back that he had advised him that: The warrant was not a legal document as it was not signed. Tony should stay in the car as his vehicle could not be removed while he is inside. and that: He should tell the bailiffs and police that "Wesley is just getting ready with a crew". (Wesley posted himself to confirm that he would be attending). Further alarming posts were made that indicated that the bailiffs would be attacked (for example: “law doesn’t matter, lets all go out and lynch the fxxxing bailiffs”). The situation esclated very quickly indeed and from reading the posts the indication was that many people were on their way to the address (in Oldham) with Wesley himself posting that ‘we have a Mexican standoff’. Further posts reported that about six police officer had arrived together with more bailiffs. In all, almost 400 posts were made on the site and yet....not one person bothered to ask any background information such as: Did he receive all the notices from the local authority? Did he appeal the penalty charge notice? Did he receive the Notice of Enforcement from Marston Group? Did he respond to outline a payment proposal? Instead, as is always the case with these sites, the suggestion made was to ....submit an Out of Time statutory declaration to the Traffic Enforcement Centre. One person exhibited a copy of the warrant of control and it was plain to see that the warrant was a legal document. Naturally, it did not require a court seal or a 'wet ink signature'. Telephone calls were made to the bailiff by an admin member of the Social Media Site (a lady with supposedly 30 years of legal experience) asking that the vehicle remain clamped until the Out of Time statutory declaration had been processed. Naturally, with the expectation of many more ‘supporters’ shortly arriving, the enforcement agent took the decision to remove the vehicle (by this time it had been clamped for over two hours). A tow truck was in attendance. The debtor was removed from the vehicle. Fortunately, for the bailiffs, the police and the debtor the 'Boots on the Ground' stunt was a complete failure.
  17. Hi guys, I received my last water bill a while ago and it's double what the previous bill was. I'm having problems understanding what's going because there have been no major changes to the house. They had been sending people round to access the meter in our front garden which they have never done before. It was a rather bizarre incident. These guys showed up and asked who they should write to at this address and I explained that we were already with Thameswater and I didn't understand what's going on. I don't know if we're getting billed for another house or what's going on. Is there any way our bill can be recalculated? I don't understand how reading a meter at the front of the house has affected our bill to this extent. Can someone help me with this situation because I have a feeling Thameswater will make a dogs dinner out of this.
  18. Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?
  19. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  20. Hi all, Interesting question, have been asked to attend an interview under caution. Regarding not reporting a change in circumstances, Basically I forgot to tell them that my partners wages had gone up, this meant we were no longer entitled to hb, now I am very ill with my mental health, have been for years and therefore very forgetful and unmotivated, as such I haven't told them, now my wife works as a carer all day then comes home to look after me, so she hasn't really had the time either, I'm the lead claimant, so if this was to go to court, would it be me that is prosecuted as it's totally my fault, we live in Stafford if that helps, Thanks Andrew
  21. Quick One Story; £2500 worth of Bank Charges taken between 2007 and 2011. Want to reclaim based upon financial hardship. Was with Lloyds TSB. Left before the split. Been told account was moved to TSB, but Lloyds banking group as an entity imposed the charges. Who is responsible for a refund now?
  22. I am currently renting a four bedroom property from Melin homes. The property is just over three and a half years old, I have been living at the property for around two and a half years. The house was built directly in front of a rugby field, all that separates my garden from the rugby field is a fence and a huge bank full of overgrown ferns and nettles which apparently is owned by the rugby club. The back garden gets flooded frequently and despite my numerous complaints, Melin homes has done nothing to rectify the problem. Melin has told me that " we've had a word with our legal team, and its not our responsibility to maintain a water logged garden" I've attached some photos, the last photo is from next doors garden on the same day and as you can see, there is no flooding in their property despite their garden being behind the rugby clubs bank. Can anyone point me in the right direction as to what my rights are regarding this situation, or am I just stuck with a swamp for a back garden? Thanks for you help.
  23. We bought a gas oven before Christmas which goes out after about 15 mins or so It hasn't worked correctly since it was installed . We've informed the retailer, and the manufacturer has sent an engineer twice and replaced parts under the warranty and it still goes out. We fitted the oven at our cost which was fair enough and paid for the cooker by debit card . We have rejected the appliance as unfit for purpose , the engineer they sent says there's nothing more he can do with it. the retailer has said they will refund us as neither they, nor the manufacturer can supply us with another alternative replacement (why would we want the same one again after new parts have failed to solve the issue). We've phoned them several times and feel we are being stalled and held to ransom with delay tactics . They keep trying to involve the manufacturer , but our contract is with the retailer and we've told them this . When I ring them back tomorrow I think I may be told to have the thing uninstalled and shipped back to them before I get refunded ... more delays . We've had no cooker since before christmas and don't have a microwave having to use other peoples ovens when needed. My question . I have told them we want the installation charge reimbursed . Am I correct to do this? they say their terms and conditions say they don't have to do that . if that's so you could spend as much on fitting and removal as on the oven if this is a retailers policy and you were unlucky enough to get another dud appliance and who should pay the return shipping cost ? I believe the sale of goods act says they should if it's faulty ? The problem . They have my £400, I own a faulty oven which is no use and paid a gas fitter to install. They seem to be holding the cards. This is why I think they seem in no hurry to sort this any time soon. It's taking up too much of our time now and is becoming stressful . Not to mention being without an oven since before christmas and spoiled food because the oven has gone out before it's cooked !
  24. My mum has been in her Private Rented house for 13 years. Her landlord is a local company who has several managers covering different areas. The house is in a dire state and needs lots of work. The toilet in the bathroom is leaking (been reported but nothing done), the leaking toilet has caused some of the ceiling to fall down in the kitchen and the rest is sagging, the bathroom floorboards are rotten, the downstairs toilet doesn't flush, the back door is difficult to open and close (made of wood), most of the window frames (wooden) are completely rotten and my mum can't open several of them, My mum never wants to make a fuss so I contacted the Landlord Manager by email. He told me to get my mum to contact him which she has now done (although she is not happy with me. Manager told her that she is responsible for the leaking toilet and the kitchen ceiling which I don't think is right. He also said that he has sent someone out several times to measure up for new windows but there is never anyone home (this cannot be true as my disabled father never leaves the house) and that the bathroom is getting replaced (but he told me this last year) and still has not been done. Can anyone give me any advice on what I can do?
  25. Hi, I am confused, stressed and depressed! I am 65 (65 last June). I have had a DLA award since 1995, HRM & MRC. I have had reviews over the time I have claimed, the last being in 2011 when it was again re-awarded indefinitely. As I was under 65 when PIP came in and will be over 65 by the time PIP goes nationwide, I am told that I will be in the first wave due to my age to be re-assessed for PIP. All of that is a fact. Given that it may well be next year when things start to happen I am trying to get my head round the claiming principle of PIP. I have done some assessing of myself and find that I might just scrape in with the standard rate for mobility, but it is unlikely that the care element will be awarded. So given that I have to concentrate on the mobility part I simply can't work out who's responsibility it is to obtain and submit supporting evidence. The form tells me that I should if I can without cost to me, send what I feel is appropriate to support the descriptors for mobility. Then I read of a recent report from the select committee that the obtaining of evidence should and must be the responsibility of the DWP. What I would like to know is who is held to have the legal requirement to collect and obtain the evidence to support any claim. Of course most people would say that the claimant should if they want to help themselves, but not everybody can and is able to do that for one reason or another. Even simple reports can cost the claimant money. As I understand it, the onus is upon the DWP to refuse a claim after seeking and obtaining evidence which could support or contradict a claim. If the claimant then appeals, it is clear that the onus then moves to the claimant to submit evidence in support of that appeal.
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