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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Hi everyone, i have read your posts with great interest and have finally plucked up the courage to do something about the ridiculous amount of money the halifax have been taking from me.

My most recent statement had eleven charges on it, totalling £550, some of these were for three charges per day.

This has been going on for some time now and i am finding it impossible to get back on my feet while the halifax are taking almost half my earnings each month.

I sent my data protection letter on monday 3rd july along with £10 fee and mailed by recorded delivery.

I know it will be a long slog, and it does scare me a bit, but i am determined to recover some, if not all the money they have robbed from me.

I'd appreciate any help at the various stages of my claim.

WISH ME LUCK!!!

THANK YOU

ROBERT

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Best of luck Robert.

We are all in this together, we know how you feel.

Remember it's your money, don't settle for anything less than ALL of it back.

Keep us posted.:)

Sent Data Protection Act to Halifax 13.6.06

Daughters Data Protection Act sent to NatWest 5.6.06

Natwest sent statements on 24.6.06 Daughter owed £204.00 Preliminary ready to go.

Halifax sent my statements today(26.6.06) Owe me £1702.00

Preliminary sent on 27. 6.06.

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Thanks strude, sorry for late reply.

This is first time i've been online since weekend, still no letter of reply about my data protection letter, but my boss said i had a call from someone at the halifax on tuesday 11th july.

Havent heard anything else,so just a matter of sitting tight and waiting i guess.

THANKS

ROBERT

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There's no harm in calling them to check it's being prepared...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Hello again, finally got a response today from the halifax.

Just the usual standard letter saying thanks for your request for details of charges, these will be sent under seperate cover, and the usual about the manual intervention thing.

Cant wait to see how much they've taken in last six years, must be a fortune.

Gonna stick with it til i get every penny back, and actually feel like im getting somewhere now.

Thanks a lot, i will keep you updated, and a fair donation will be coming your way when all this is over.

Thanks

Robert

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  • 2 weeks later...

Hi folks, sorry i havent posted anything for a while, its because theres nothing to post.

I received the standard letter from halifax regarding my statements on the 18th july, telling me they have been ordered and will arrive under seperate cover.

They have until 11th august to forward them to me and then their time is up.

Should i wait until 11th, when the 40 days are up, or should i chase it up now?.

I received last months statement yesterday, and surprise surprise, another £470 in charges.

I have had my car insurance cancelled, my personal loan company have suspended my direct debit, and all because, each time i put money in, or leave my wages in to cover these direct debits, those xxxxxx b*****ds have swallowed it up in charges.

It's been a vicious circle like this for way too long, most weeks i am working just to be able to withdraw about £20 pounds of my hard earned cash.

I don't care what it takes, or how much it costs, is there anyone out there who knows how i would go about taking them to court for the lot ( must be at least £15,000), as i am in scotland and i really don't want to have to make claims of £750 at a time as it would take forever.

All help greatly appreciated, and a hefty donation being made if and when i eventually recover some of this cash.

Thanks a million

Robert

 

Moderated - please refrain from potentially libelous comments.

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Have a read through our Scotland sub-forum for ideas, but you might also wish to read articles by the Govan Law Centre...

 

http://www.govanlc.com/jurisdiction.htm - this covers jurisdiction and states that you may be able to raise your claim in an English County Court. I am not familiar yet with Scottish Law or proceedures, but raising a case in England could possibly put you on course for MULTI TRACK which means, on the downside, the possibility of hefty costs if you lose, but on the positive side means getting Standard Disclosure, the bank's evil enemy!

 

It is still possible that the case (if your claim total is above £15,000) could be allocated to the FAST TRACK - here costs are limited to approx £750 but again you get Standard Disclosure, which overall would really be the best option for you.

 

There are similar types of proceedure in Scottish Law and I'm sure you will get up to speed on those. Something along the lines of Summary Cause and Ordinary Cause for limits above £750 and £XXXX?? - (I told you I wasn't familiar).

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Hi all, i finally recieved my statements today, well dating back to nov 2003.

The halifax had gone past the 40 day deadline,so i sent the follow up letter giving them 7 days to comply etc.

That must have shook them a bit, as they sent half the statements requested immediately by special mail.

I have totalled up the charges, which amount to £5048 since nov 2003, (no wonder i am finding it hard to get back on my feet).

I need some advice on what to do next, do i send my lba requesting this amount, accompanied by another 7 day deadline to send me the rest of my statements, which im sure will total about the same?.

I was thinking about asking them to refund this amount within seven days and i would forget the rest, and if no refund then i must have remaining statements within given time.

I know its my money, and i deserve it all back, but to me £5048 is a lot of cash, and a quick end to all my problems. Do you think they would go for this as full settlement?

Many thanks, and a good donation on way.

thanks

Robert

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