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    • Hi    Thanks for your response to my questions.   1. You say they are Lodgers is this correct? (are you sure you don't mean 'Tenant')   2. What type of Tenancy Agreement do they have?   3. Rubbish/Garden Maintenance - This is the Tenant responsibility and should be in the Tenancy Agreement and your Letting Agency should be enforcing this with said Tenant by writing to them and informing them to remove the rubbish and maintain the Garden. If you then need to do this you will need to inform the Tenants giving them notice that if Rubbish not removed and Garden maintain and you need to employ somone to do this this will be taken from there Tenancy Deposit make sure you do this and keep a record of this.   Tenancy deposit protection - GOV.UK WWW.GOV.UK Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice   4. You mention Lodger Bond Money. (Again I hope you mean 'Tenant', Bond Money I also hope you mean their Deposit is protected in a Tenancy Deposit Scheme and the tenants were given a copy of the prescribed terms of that scheme as is legally required)   5. If this is England I also hope the Tenants were given a copy of the How to Rent Booklet.   How to rent - GOV.UK WWW.GOV.UK This guide is for people who are looking for a house or flat to rent.   Reference your post#5   6. The Letting Agency cannot refuse to provide you with a copy of the Tenancy Agreement signed due to GDPR as you are the Landlord that has employed them to provide a service and you are required to have copies of this Tenancy Agreement especially for any Breaches of that Tenancy Agreement you need to know what that Agreement states to take action against those Tenants.   I would therefore challenge that Letting Agency and not ask but Demand a Copy of that Tenancy Agreement as you are the Landlord not them and are legally required to have a copy of that Agreement and if they insist no due to GDPR then you ask them to provide you with the evidence of which Article and section of the GDPR they are relying on to refuse the Landlords legal request for a copy of this Tenancy Agreement.   Table of contents EU General Data Protection Regulation (EU-GDPR). Privacy/Privazy according to plan. WWW.PRIVACY-REGULATION.EU Easy readable text of EU GDPR with many hyperlinks.   7. Do you actually have a copy of the Agreement that you signed with this Letting Agency? (not tenancy agreement your own personal agreement with the letting agency)     Sorry if this sounds a bit blunt but your Daughter need to stop being nice with this Letting Agency and remember they are working for your Daughter not the other way about and your Daughter is paying them for that Service so basically  your Daughter (The Landlord) has employed the Services of this Letting Agency to provide a Service to look after and Maintain the Landlords Property by entering into a Legal Agreement paid for by your Daughter (The Landlord).   Please Name this Letting Agency?    
    • Hi Dixon,   I have been trying to get FTR victims to be more assertive with the police, to try and get a more positive answer from them - either that they will, or will not, investigate FTR and or O'Hara.   We've been told they may refuse to assist, saying they don't deal with tax fraud and they leave that to HMRC. But I fail to see how they can justify this.   And that's why I want to force the issue with the police, so they at least give an answer.
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Pickle V Egg


aBitofaPickle
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ABOAP

 

In post #26 you ay you don't own the property - who does? (eg landlord, family member)

 

Do you own any property?

 

To confirm the situation with regard to the agreement - what they have sent does not satisfy s78(1) of the CCA 1974 for a number of reasons - it doesn't have "your right to cancel" and they haven't sent the T&Cs (either those current at the time or recent ones). What they have to supply is laid down in the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

That means they are in default and must not enforce the account. Section 78(6) says:

(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

I would write and point this out to them and tetll them that it will be made known to the court should they proceed with legal action.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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..... :rolleyes:

Edited by steven4064

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Good thinking MM (I've made a couple of changes to the above posts)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 3 weeks later...

Had another letter from ARC today apologising for there last letter which was sent in error, and informing me that my account has been passed back to the original creditor who are investigating my complaint.

 

I don't remember making a complaint to Egg, but I'm hoping they'll be better to deal with than ARC, so still a wait and see game.

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  • 1 month later...

Have you heard anything further pickle from ARC or Egg? I'm quite intrigued as to your situation as I'm just starting out on a similar path and it would be interesting to see your outcome...

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  • 6 months later...
  • 7 months later...

Hi Hopster, I had the same from Trevor Munn, they eventually backed off when I told them the debt was disputed and unenforcable. Now Egg have sold the debt on to Cabot, see my thread... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102154-saddler10-dlc-egg-3.html

 

Saddler10

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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