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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Urgent help with defence please


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In terms of the link you have posted it relates to the granting of tenancies and not the post signing situation you are in which relates to tenancy LAW. If it makes you feel any better agents also discriminate on the basis of sexuality, age and economic situation to name but a few.

 

Its a shame you have decided to weave the issue of race in to a reasonably straight forward thread. I doubt playing this card to the judge, if thats your intention, will wash, as they are likley to see right thorough it as I have.

 

Like I said, nothing is being "weaved in". I am suing as a result of racist remarks made. Again, I feel that you have not read earlier posts thoroughly, but then return defamatory remarks - "they are likley to see right thorough it as I have".

 

I would like to add on the tenancy law bit, but I will refrain (it will just be me speculating).

 

Having read and re-read, there's nothing here of use to help with my defence.

 

P.S. And Planner, the link tells me that the majority (based on percentages) of people in the UK (with the South West as sample) are racist. More importantly, it is OK to be racist! (not weaving anything in, just making an observation)

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No one is suggesting that you should put up with no heating etc, but there is a protocol to go through. Ie, 3 estimates of work, letters and only then you should think about with holding rent.

On reading your thread, you do write with a chip on your shoulder, Im afraid. This is not only one persons opinion.

This site is here to help people. Sometimes advice is offered and its not what the OP wants to read, which appears to be the case here.

I wonder if you are confusing rasism with your LL and LA just not liking your attitude?!?

With comments like "I cant even get a parking ticket", Im not warming to you!!!

I fear you believe all are "out to get you" which is certainly not the case with this forum.

Offers of advice take time out of people's busy lives and maybe you ought to be grateful for the advice.

Edited by help me kick his butt
typo

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Agree with all the above - unfortunately, you do seem to have brought in a racial aspect that I currently see no basis for. Your comments, bordering on attacks, on three of the most highly respected members of the board in my opinion, are completely unfounded - why bite the hand that feeds? These people are only trying to help, and sometimes help comes when you dont like it - i.e. when the truth is not what you want to hear.

 

One question. If you have "diplomatic immunity" (which I doubt, but it really isnt my forte so I cannot comment further), why are you even asking for advice, as you are so positive that they cannot "do you" for anything anyway?

 

PS - if you do NOT have diplomatic immunity of some description, then let me assure you that a judge is going to absolutely rip you apart with the attitude you have. You may not like that comment, but unfortunately it is the truth.

 

Tangent over, back to the original question. You had no legal basis to terminate the agreement, and you owe them the contractual rent (minus that covered by a replacement tenant).

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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Indeed - I am a busy bee right now!! Trying to return haha.

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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unfortunately, you do seem to have brought in a racial aspect that I currently see no basis for.

Racial abuse is one of the (many) complaints Camster has against his LL & LA; its in the OP.

 

Reading back through the thread I honestly don't believe that he is "playing the race card". He think he merely mentioned it to try and emphasise the difficulties that he's had because he was surprised at the reaction he was getting. Like, I suspect, many foreigners he probably believes that the English legal sytem is about fairness and justice when those of us who have lived here all our lives know that that is certainly not the case.

 

I agree that Camster isn't coming across particularly well but that could be down to one of two reasons other than his personality. 1, cultural difference between the UK & the country that Camster would call home. (The British are a peculiar people to many foreigners - there's many interesting books about it). 2, a lack of vocabulary/grammar due to English being his/her second language.

 

Having said that Camster seems to be a lot more eloquent than many of the contributors to this board so I think that 2 is unlikely.

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bedlington, we are all absolutely entitled to our opinions - so fair enough. My reading of this is different, and I stand by the point that the whole issue has become overly based on race in comparison to the original issue. However, this is obviously open to interpretation.

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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It should however be borne in mind that the race issue has NOTHING to do with the issue mentioned, hence why I believe it has been overly mentioned. Racial abuse is absolutely unacceptable, and should be pursued with the police in a criminal fashion. However, it has no relevance or impact upon the quite seperate issue of a civil breach of contract.

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 was offended by the suggestion that being a landlord would mean I'd see the LA/LL side rather than the tenant.

 

Originally, I specifically avoided the race issue through lack of relevant knowledge and a feeling that it could not help the OPs case. Planner apparently missed it (easily done in long posts). So the OP brought it up again and then accused Planner of deliberately ignoring it.

 

So yes, I think the race card was played against us, and additionally, I've been half wondering whether this, plus inflammatory comments about English law and repeated mentions of the word "jungle" were an attempt to elicit overt offensive comments.

 

But as many of my family members are from places in or near jungles, race issues are usually something that pass me by.

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The OP did mention racism in his original post but I'm not convinced that it will particularly strengthen the defence for this claim. Worth mentioning in court though to demonstrate unreasonable behaviour.

 

It would appear too that you may not be able to claim diplomatic immunity for this case.

 

In addition, a diplomatic agent is immune from civil lawsuits, except for actions involving estates, when he or she is the executor, administrator, or beneficiary; actions concerning real property held by the diplomatic agent for personal, not official functions; and actions relating to professional or business activities that are beyond the scope of diplomatic duties.

 

Ambassadors and Consuls legal definition of Ambassadors and Consuls. Ambassadors and Consuls synonyms by the Free Online Law Dictionary.

 

Have you made a start on drafting the defence so we can take a look and see if we can help you out with this. It might help to see the Particulars of Claim too. I'm not clear if you're dealing with this yourself or will have a solicitor acting for you.

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think this thread has now reached the point of becoming quite distasteful. You obviously arent interested in answers to your tenancy question, but instead want a general discussion on race. This forum isnt the right place for such a discussion.

 

I also find your obvious contempt for the nation you work in, its people and its legal system offensive.

 

Your allegations in post 26 above that the majority of the people in the UK are racist (pointing out the South West) and then stating this is an acceptable situation, is also particularly offensive and has nothing what so ever to do with your tenancy question.

 

I have reported the post to a moderator.

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Acknowledgement that the team have had a reported post-in fact 2.

As with all threads,the content within posts should refrain from being offensive to others.

The consensus appears to be that parts of this thread are offensive and insensitive to some members.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I think this thread has now reached the point of becoming quite distasteful. You obviously arent interested in answers to your tenancy question, but instead want a general discussion on race. This forum isnt the right place for such a discussion.

 

I also find your obvious contempt for the nation you work in, its people and its legal system offensive.

 

Your allegations in post 26 above that the majority of the people in the UK are racist (pointing out the South West) and then stating this is an acceptable situation, is also particularly offensive and has nothing what so ever to do with your tenancy question.

 

I have reported the post to a moderator.

 

The reason I have posted above Planner is because there are a number of personal posts which are irrelevant and unnecessary to the OPs original question, and I was trying to bring the thread back on topic. I believe the OP was merely trying to make a point and does not believe that racism is ok, although I admit it does appear that way.

 

The fact is the OP has included racism in his original post and is one of a number of issues that have led him to stop paying rent.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Planner/Admin/Caro,

 

The link of Post 26:

BBC NEWS | England | Agencies 'happy to discriminate'

 

As one can see, the percentages and observations are consistent with what was said on the BBC programme.

 

 

Caro,

I've confirmed that I'm immune from all civil and criminal proceedings. I'll proceed with the system here. It's good to know that I have something sturdy to fall back on.

 

The confusion? Can I sue the LL and LA with the same claim? Or not?

 

How do I attach .pdfs? Yup, submitted 16(5). Can't find the 'attach button to attach.

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Steve,

 

Please re-read the whole post. I wrote that the persons who carried out the inventory check mentioned that the property was like a jungle. It's in the bloody inventory (yes, the word jungle). Please advise on attaching a document and you will see it for yourself!

 

And yes! Race is a burning point here! Together with defamation and a barely habitable property, these three form the basis or my defence.

 

 

 

Mr. Shed,

Our beloved police force took as to be a "civil" matter and not a criminal one!

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Acknowledgement that the team have had a reported post-in fact 2.

As with all threads,the content within posts should refrain from being offensive to others.

The consensus appears to be that parts of this thread are offensive and insensitive to some members.

 

 

Insensitive? LOL. Interesting to point out that in many bits (e.g. BBC's HYS, etc.), the great majority can't stand PC. Pray, do highlight the bits deemed to be "insensitive" and "offensive"

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Your allegations in post 26 above that the majority of the people in the UK are racist (pointing out the South West) and then stating this is an acceptable situation, is also particularly offensive and has nothing what so ever to do with your tenancy question.

 

I have reported the post to a moderator.

 

 

Planner,

LOL. You really need to read things thoroughly.

 

Anyway, found the "attach" button - need to be in the advanced editor mode.

 

Will scan and attach later.

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I think from the four posts above in rapid succession that you are again, trying to provoke a negative response, from what you have previously tried to turn into an inflamatory thread.

 

I have your number, I hope other posters do and ignore your attempts.

Edited by Planner
My view wasnt strong enough.
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I wrote that the persons who carried out the inventory check mentioned that the property was like a jungle. It's in the bloody inventory (yes, the word jungle).

 

Just a small point (and I'm no expert) but doesn't the fact that the inventory states the 'disrepair' of the garden etc as mentioned also in post #9:

All these terms (jungle, cobwebs, etc.) are present in the inventory.

 

Mean that the OP accepted the condition of garden/property when the TA was signed initially? I thought that was the point of an inventory? Surely that means that you can't subsequently complain about it as it was accepted in the first place?

 

Sorry if I'm barking up the wrong tree here!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Hi Planner,

 

Here you go again - LOL. I only just read all your "lovely" (recent) posts and decided to correct you on bits that were wrong.

 

Inflammatory? Provoke? Negative response? Check your posts!!! It is your Post 45 that is as such!!! Am I to be silent while both you and Steve make false statements that are malicious in nature? Please do read my posts again.

 

 

 

Hi Cariad,

These issues were highlighted in the inventory, and it was made clear (in the inventory) that the LA/LA would have these done up.

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it was made clear (in the inventory) that the LA/LA would have these done up.

 

Sorry, I just didn't see you mention that anywhere previously. It might be helpful if you posted the exact wording of this promise by the LA/LL so that it can be used to help your claim. If the main reason for your claim is the disrepair/inhabitability of the property/grounds, I imagine this would be a particular point on which you would base the claim.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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As previously stated with the Bull in the China shop attitude you have, I'm not sure I and maybe others have any advice for you.

However, I wish you well in your quest.

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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I have been saying from the onset, if you have no advice, then don't post anything!!! Anyway, none has been offered from the onset.

 

Do stop with the nonsense remarks. Would you like it if I made remarks against "you and maybe others" in return?

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