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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      JCI/? Claimform - old OVO dual fuel debt

      By dx100uk · Posted

      thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • FTMDave
      Booking.com host cancelled our accommodation - how to get a refund

      By FTMDave · Posted

      I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Cagney18
      JCI/? Claimform - old OVO dual fuel debt

      By Cagney18 · Posted

      Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Decision to fight unfair agent fees... do I have a case?

carti946
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carti946

carti946

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Hi eveyone,

 

I am going to terminate a joint (with two other people) shorthold tenancy which has gone periodic after the fixed term. The other two tenants want to stay in the flat and are currently searching for another tenant. I have contacted the LL and he is happy for them to do this (we get on well with the LL.) I will inform the LA in the letter of termination that the LL has been informed of what the other tenants want to do.

 

The LA charges a £250 termination fee (they call it a cleaning fee). I can understand 'checking out' fees that require the inventory to be checked, but the LA has NEVER done an inventory, nor a walk through with us or even checked the state of the flat. Also, as far as a cleaning fee, I understand that if the flat requires cleaning then the money is taken from the deposit (our deposit is held in a TDS), but because our flat is kept very clean and that there will be continuous residence I can't see how the LA can try and charge us this fee.

 

Also, our tenancy contains a clause that says we agree to pay the agency fees associated with the tenancy that are described on a schedule annexed to the tenancy and that the agent will remove outstanding fees from the deposit. There is no 'fees schedule' appended or attached to the tenancy, and everytime I go see the agent the fee has gone up (from £80 to £230 in 8 months for the termination fee). To me, this removes the transparency of the agreement, and constitutes an unfair fee and therefore and unfair term rendering the contract null and void.

 

I am going to write a letter to contest this fee on these points. Do I have a case? Also can the LA deduct money from the deposit for their own fees, I thought the deposit was between the LL and the tenants?

 

Any help is greatly appreciated.

 

carti946

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Steve__M

Steve__M

Posted
Posted

You should not have to pay any such fees that you have not contractually agreed to.

 

The deposit can be used for whatever is agreed in the contract I think.

 

You sound like you are going about things the right way. You might have to be pushy and be prepared to take legal action. Try and get together as much written evidence as you can.

 

Is your deposit in a protection scheme?

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carti946

carti946

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Posted

Hi Steve_M

 

Thanks for the info, and yes our deposit is in a protection scheme. A couple of questions though:

 

You say 'I shouldn't have to pay any fees I haven't contractually agreed to'. Do you say that because they haven't attached the fees schedule to the tenancy? They are going to counter by saying I signed a contract with the above clause in it... is the point I should be pushing the absence of a list of fees?

 

Also, because the payment of the fees is in the contract.. then does this mean that they can legitimately take money from the deposit for the fees?

 

Cheers

 

carti946

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Steve__M

Steve__M

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Posted

I am not a lawyer. I suspect the wording in the contract is important.

 

At one extreme, if the contract says "Agency fees to be paid by tenant as described in the attached schedule", then I would hope that no schedule means no fees.

 

At the other extreme, if the contract says "The tenant will pay all reasonable agency fees required to manage the ending of the tenancy such as payment for checkout inventory and administrative charges with respect to arranging for cleaning. The current schedule of fees is attached". Then you may have to pay some or all of the fees depending on what is regarded as reasonable.

 

I believe the deposit is security for your obligations under the tenancy agreement. If the fees are contractual then they could use the deposit.

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carti946

carti946

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Hmm, well it seems then that as much as a I feel the fee is not fair, if they don't agree then they will just take the cash from the deposit. I am certain they won't agree as their livelihood depends upon them getting fees....

 

Is this being too cynical?

 

carti946

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Steve__M

Steve__M

Posted
Posted
Hmm, well it seems then that as much as a I feel the fee is not fair, if they don't agree then they will just take the cash from the deposit. I am certain they won't agree as their livelihood depends upon them getting fees....

 

Is this being too cynical?

 

carti946

 

That's why they set up the tenancy deposit protection legislation. If you take action then in future they will have to be much clearer to their tenants about the fees they charge. The fees will therefore be much more subject to market forces.

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