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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Legal Rights of Landlords


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Hi

 

Could someone advice please. My son is in final year of Uni and is in rented accomodation in Lancaster. He moved to this address with his mates in September this year. Due to the incompetence of LCC his loan was delayed and we have been chasing it since that time. He told his landlords what was happening but it took ages because of the backlog.

 

However, his landlords come into the property without notice, let themselves in (no emergencies!) and because of the time lap with the loan have started threatening my son. Two weeks ago my son was on the phone to the student phone company again and the husband (landlord) walked into the house, let himself in. He threatened my son who handed him the phone and said speak to them yourselves and you will see I am not lying. He refused but unknown to him the call was recorded. The student loan company finally released the loan and told my son it would be in his bank on Monday 3 December, which it was.

 

It gets better ........... On Monday 3 December at 10 am, my son was awoken whilst in his bed ...... by his landlady!!!!!! (the wife), not only had she gone into my son's bedroom but also one of the other student's who was also in bed. If that wasn't bad enough she then seated herself on a chair and whilst talking to my shocked son in his bed she proceeded to read letters and paperwork he had on his desk!!

 

Needless to say when my son told me I hit the roof and wanted their address, phone number etc. My son is no push over but doesn't want me doing anything (he knows my temper!) as he is scared of them trying to evict them or something if he retaliates.

 

These people are bang out of order and I would appreciate some advice, my son and his mates keep a decent house, they party like other students but their house is kept in good order and kept clean. Can I do anything which will not jeopardise him and his mates but also make it 100% clear to these landlords that they cannot act in this way.

 

Cheers ;)

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Hi Mollie

 

I think this would be best in the tenants/landlords section of CAG.

 

So I've asked that it be moved in order that you get more help.

 

xx

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Guest Alison82

OMG!!! That is terrible how dare they let themselves into your son's bedroom!!!!! that is shocking!!

 

Sorry I can't offer any advice but make sure you don't let them get away with it.

 

Good luck :)

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MollieUK,in reply to your post and in my view:

 

1.The landlord and landlady are clearly trespassers and in breach of the covenant of quite enjoyment i.e. your son should be allowed to enjoy the occupation of the premises without interference.

 

2.If this scenario repeated itself your son should just ask the landlord/landlady to politely leave and hopefully he/she/both respond.

 

3.If your son is threatened with violence he should contact the police.

 

4.Your son could also get the local authority private tenants officer involved who would send the landlord and landlady a letter regarding this unacceptable behaviour.By the way,this service is totally free.Also,it is the local authority that gets involved with prosecuting landlords and not the police.Police will only get involved if there is violence or breach of the peace.

 

By the way,I have had a similar experience when I was a tenant and ordered the landlord leave.It did not make things worse but woke him up and made him respect me.

 

Anyway,I hope this helps.

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I really appreciate all the replies but there is one other thing I forgot to mention.

 

I believe that in April this year the law changed regarding Tenancy Deposits being held in a secure account and other students have received letters stating this but no letters have been received by my son or the other guys in this house, any advice on this also, really grateful for all your help.

 

;) ;)

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I would suggest reading this thread:

 

http://www.consumeractiongroup.co.uk/forum/tenants/117280-tenancy-deposit-scheme.html

 

However to sum up, if a deposit has been taken for an Assured Shorthold Tenancy, and has not been placed in a TDS, your son is entitled to 3 TIMES the original deposit in compensation.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I totally agree with N4Bs post above, but I feel he may have skimmed over a couple of things(sorry n4b!!). Could you answer the following questions for me please?

 

- How many people live in the property?

- Do the occupants have individual tenancy agreements, or one joint tenancy?

- How much is the rent per month per person?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Oh and is the property let via a letting agents or directly with the landlord?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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