Jump to content


  • Tweets

  • Posts

    • like you dont reply at all what the debt looks like a loan  who was the oc? is it on your credit file? what is the defaulted date?   i will guess you've already sent a CCA request etc? why if it wasn't a letter of claim did you ever bother responding?   then we'll get this off to it's own topic as you quite rightly say its off topic and shouldn't be in this thread   dx  
    • Duty to mitigate loss isn't a 'general rule, but case law (precedent)   https://en.wikipedia.org/wiki/British_Westinghouse_Electric_and_Manufacturing_Co_Ltd_v_Underground_Electric_Rlys_Co_of_London_Ltd   https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=2994&context=faculty_scholarship   highlights that you'll need to focus on the post-repudiation value, rather than any current value for the assets.
    • https://www.biospace.com/article/comparing-covid-19-vaccines-pfizer-biontech-moderna-astrazeneca-oxford-j-and-j-russia-s-sputnik-v/
    • I called my GP surgery and offered to jump in car and turn up at no notice if they got no shows and was told 'thats simply not happening' When I pointed out that the BBC had raised the issue I was quite bruskly interrupted (unusual at my surgery) and told the media is spouting rubbish which is helping no-one.   I do know that hospital/vaccination center staff are/have been given doses from failed attendances. presumably managed locally   We need to understand that patients can call again, but the vaccination doses are and will remain for some time limited and waste (including relying on others turning up after one failure to turn up) is to be avoided at all costs   There is also the issue of managing the second dose (errr) for those who are given one out of sequence. Let alone any questions regarding that being 'approved'     Personally I would be happy getting one dose early whatever happened later.  (one different vaccine, two matching, no other, whatever)  
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Lease -any way I can get out early? Scotland


Please note that this topic has not had any new posts for the last 4652 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Firstly, this is a long one so grab a cuppa....

 

I split with my husband last year and due to our marital house selling I had to find alternative accommodation for my mum (She moved in to provide childcare so I could return to work), myself and my daughters. The housing market was quite buoyant and I dont drive so after checking with the guy that gives me a lift to see he could pick me up from that area, I contacted a company re. a listed building with a garden that was available to rent in a village about 12 miles away from my old house.

 

It stated £850 per month on the website. I asked Savills what the utility bills were normally for it as it was single glazing and they said average. It is a big house though with high ceilings but has a bank that backs onto it and is in the centre of the village (Used to be the Bank Managers house).

 

Anyway I explained my circumstances to Savills and went round and met the owner and viewed the house. Great garden, shops nearby and village is just off the main road so very handy for my sisters for visiting and my mum taking my toddlers out and about. He mentioned that someone who was going to be renting it had changed their mind before contracts were signed due to a change in circumstance but had been going to lease it for 2 years. Anyway I agreed with landlord I would take house a few days later, and would sign the lease the same day. My head wasnt screwed on right then due to stress of relationship breakup and the animosity between my mother and husband due to my husbands actions in our marriage so I suggested I take a 2 year lease and asked if the rental amount would be fixed. I am a contractor so took the day off and with assistance from my inlaws who were staying with us as husband works away a lot, we packed up mine and husbands things into the separate vans. Once van was packed I arrived at Savills stressed after dealing with toddlers and packing up and that horrible feeling you get when reality kicks in and you move into a different house from your husband. Anyway myself and owner signed the lease and I stupidly didnt read it. noticed later that night that rent had increased to £1000! After first payment my landlord contacted me to say I had overpaid. I explained that lease said £1000 but that was more than advertised and was a figure I would struggle with. He then text me back later and said oh yes the amount was correct as per lease and never discussed it again. There is no get out early clause on my lease.

 

Anyway I moved in July 207 and by September it was looking like my gas bills are going to be approx £200 per month - they estimated £75 when I phone the gas company and explained number of radiators, rooms, appliances, type of house etc. I then contacted my landlord and asked if he would consider letting me out of lease early as I found rent and bills too high for a single parent and was considering purchasing before I used up all my share of the money from the house sale. He said he was sure we could come to some reasonable agreement.

 

At this point my head was still up my *ss and my mum was harassing me about wages, buying our own place etc so I found a property and then the nightmare started. My husband stopped paying me maintenance so I backed out of sale, only to reinstate my offer in January when my husband and I had a heart to heart and I explained I was struggling monthly so he reinstated my maintenance payments.

 

I thn have a separate nightmare with house purchase but will leave that for later.....

 

Anyway I told my landlord I had purchased a property and asked for a settlement fee to get out of lease, reiterating that costs were high etc. Lease runs till July 2009 so he has asked for 6 months rent, plus his fees o find another client plus council tax which he says comes to about £9000 all in all. I cannot afford this.

 

My solicitor has read over my lease and says its iron clad and I shouldnt have signed it in the first place but easy for her to say I had my mum on my back, mine and her furniture and two kids aged 1 and 2 to provide a roof over their head. Alternative was moving into husbands new house and my mum wouldnt have been able to come, which in turn meant no childcare so no income cos I would have had to leave at 5:50 in morning and wouldnt have got back home till after 6pm and even if I had found childcare that would cover those hours it would have taken time to get kids used to that and would have been so expensive it wouldnt have been worth my time working. Rental market was buoyant and houses were getting snapped up quickly and my mum wanted her own living space. A flat wasnt an alternative as neither of us drive and my mum is in her mid 50's and wouldnt have managed pram up and down stairs to go to shops or just out for a walk.

 

I tried to get out of house purchase but cannot and due to bad advice am past settlement date and scrambling to get a new mortgage agreed while being sued £42 per day interest as well as all other costs and difference in my offer and sale price if I cant secure a mortgage before they sell.

 

Most if not all of my savings will be eaten up by this house purchase either if I buy or get sued for not buying. I have about £8000 in credit\loans and will struggle to pay these if I stay in the rental as the cost of living here is more than I earn. I am still a contractor and current contract ends mid April though they have said they will need me for longer. My mum is looking for full time work, preferably live in as she had hoped to part purchase a property with me and knows that its looking like it would be better for me to finish up work at the end of this contract because I cannot afford to pay the bills and give her an income.

 

My husband has suggested I just up sticks and move to America where he now lives. He says I could come over for a 6 month holiday and he will help out with kids and cover all my expenses. He is also hoping that after the 6 months I decide he has changed and that his new position and location will be better for our family and I will give our marriage another try.

 

My q's are these:

 

Is there any way I can get out of this lease? Am I allowed to sell on the remainder of my lease or is that at landlords perrogative? If I land up unemployed and claiming housing benefit can he ask me to leave and still chase me for the rent left in the lease? With house purchase if I cannot complete do they accept payment agreement if I dont have enough money? Can I declare myself bankrupt if all goes bad as I definately wont have enough money to pay everything? How would this affect my husband if I did take him up on his offer and 6 months later decided to give our marriage another try? Would he be liable for my debts\court action debts from lease\failure to complete purchase which were incurred whilst we were separated? Can they chase him over in USA? Would this affect his visa? I have sent away for a housing benefit form today as only just found out that private tenants can claim this and my bank balance has fallen below £16,000. It will be a lot less when the house sells as I will be liable for approx £5000 in lost interest plus difference in sale price, their fees etc etc...Oh yeah mylease has a bankruptcy clause...any advice appreciated...

 

Probably heaps more q's and stuff I have missed out but please ask and I will do my best to answer, and yes, I know I have got myself into a pickle, to be honest I should have got help from doctor for depression 2 years ago due to marital probs\coping with babies 9.5 months apart with no close family or friends and husband who works away over 300 days a year then but only time I tried and made an appointment the girls played up so much and as a multiple appointment for daughters first checkup, my post natal check, and mental state that I never got round to discussing, and as I have no transport, it means I loose at least half a days pay if I do get an appointment, and being in contract positions, I dont want to jepordise my job.

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

Link to post
Share on other sites

forgot to add, I replied to my landlords letter stating he would require £9000 to end lease early to say that I couldnt afford this and guessed that meant I would have to stay put. I then asked him to see if he could get his joiner to look at fixing the windows - some do not open and some are stuck slightly open which makes the house even colder and not secure. This was over 1 month ago and he said he would get his joiner to come round but no sign. I always have to chase him for repairs and then chase again as he doesnt check with henadyment o see if they have been and carried out repairs. I have also brought up the matter of my gas bills being so high with gas company but they have just left me a number to call back on which is awkward cos I work all day and am busy with kids at night. Will try tomorrow though as my boss is working half days this week!

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

Link to post
Share on other sites
  • 5 weeks later...

Have asked my solicitor to draft up a letter asking landlord to sort out mice problem (We have caugt 6 in last few days since getting traps) and there are still more (Gas engineer landlord used left whole in outside wall where old pipe used to be..which I think has contributed to this)...plus windows not shutting\not opening, plus sklylight which lets debris in, plus asking for copy of Gas Cert.. Have also asked her if there would be any merit in getting the local surveyors to give us a figure for approx rental income on the house I am renting cos I know they provide these for buy to lets and if its low then I can maybe use this as leverage with landlord to drop the rent? We both never read the lease properly so didnt realise till after it had gone up from advertised price of £850 to £1000 but landlord said lease is signed so he wouldnt revert price back, even though i told him I would struggle as was a single mum on a tight budget.

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...