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    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
    • clarks are just like the rest of 'em. couldn't careless, your advantage here is it's not legally your car, the finance co. should be bought into play . as i think BF eluded too , or has in other threads, if dealer/finance co. dont sort it between themselves FOC to you, another option is to get it fixed then bill both for it, if they refuse, then a court claim is very simple and cheap option to recoup your losses. see where it goes. just musing. dx
    • Thanks for that. Much appreciated. I would have assumed they would have had contacts to do such work as well. I think it's just the general rubbish attitude from Arnold Clark as the amount of times the General Manager of the place was rude or kept referring to "it would have to come out of my margin" to fix issues. Like it was my fault. Oh well - Won't be buying anything from them again.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Debt Management Plan Dispute2

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Hi, I wonder if anyone can help me with this one. I’ve been a member of Payplan since May 2005 and have been advised by them to quit my membership (which I did today), as I’m about to go into dispute with my creditors, regarding further payments to them, ie added interests/fees. Please see the following, briefly outlining what I more, or less, wrote in my first thread:


“It's regarding a debt management repayment plan that I've been making to my creditors, via Payplan, between May 2005, to be completed by November 2008 (£12507.97 of debt to start with).


Presently I’ve been paying £296.05 pcm and last October, I only had £598.85 to pay off (approximately two more payments left). However, due to added interests/fees, my creditors are refusing to write off the accumulated debts of a further total of £2065.56, (insisting that I should continue to pay up until August 2009) while Payplan informed me that it's not within their power to get them to write it off, even though I was reassured by their customer services staff (before joining and during my early membership) that they can negotiate with my creditors for all my final payments to be written off or for it to be reduced by 80%.


I've since cancelled my standing order about three weeks ago, since I feel that I have more than paid off my creditors, long before joining Payplan (I've always paid on time and never missed a payment until now). I also feel that the creditors are very greedy and just want to cling onto me for as long as they possibly can. Already I’ve received my first threatening letter from one of them today and I’m sure I’ll soon be hearing from the other ones. In any case, I’m still
sticking to my guns
as I feel that what they’re doing is unfair/unjust."

I did seek out legal advice, but cannot afford the solicitor’s fees. I enquired about getting legal aid, but I don’t qualify as my salary, although it’s basic, would place me under the private clients' category since I have no dependents to pay out to, or own my own property. I’ve since been advised to try the Law Centre to see what they can do. I hope this information is helpful to you and thank you for taking the time to read it.


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You could send a SAR to each of your creditors which will cost £10 & they would have 40 days to comply. Among the things you should get back would be a copy of your agreement which if you scan and remove identifying details & then post up here we will be able to tell whether it is enforceable or not. Also you should receive back a list of all the charges which have been added with a view to reclaiming back those which are unfair.

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If these debts are for catalogues, credit cards or loans it may be quicker to send a CCA request. This will cost a pound & should be sent recorded delivery, they would have 12+2 days to respond to your request. If they failed to respond or produced an enforceable agreement within that time period you can then send an 'In Dispute' letter and withold any further payments as the account would in effect be frozen until the dispute was resolved.


If it was an overdraft you would have to send the SAR.

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also get a SAR from payplan.in their notes it may say they agreed to do the write off for you at some point.sounds to me like they are now removing themselves from their statement about this.remember they are paid from your creditors for a % of the money you pay, so they prob dont want to do anything which rocks the boat.


obviously do the CCA requests anyway, but these guys also say they will do stuff and dont.

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Thank you both for your help and, Wangster, I totally agree with you about Payplan trying to remove themselves from their statement - in fact they did claim in their final report, (sent out to me and FOS). that none of their staff had mentioned anything about writing off the remaining debts.


If it came to the crunch where I had no choice but to pay up, ie if the creditors take me to court and win the case, could I still send in the cca and the SAR?

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