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    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
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Hi .. got a long story to tell ... make a cuppa first!!!

 

ok, I started a lease last september in a furnished house. deposit is with TDS and rent was always paid in full and on time (direct debit).

 

one major problem was a lack of hot water ... well, no hot water - found out the day after i moved in that the gas wasn't actually connected to the boiler! this took months to resolve .. the owner just didn't understand what i was complaining about. at one point i asked for a rent reduction (in writing) because of it .. but that was denied. the gas/boiler issue was finally fixed after 8 months.

 

then four weeks ago I got a letter addressed to the owner OR ANY OTHER OCCUPANT .. so I opened it. you know what comes next! it was an eviction notice giving me 2 weeks to vacate the premises because the bank had got a repo on the house.

 

I first went to the agent who acted shocked and said she'd never heard of this happening before (?!), then I rang the bank who wouldn't speak to me and wouldnt entertain any suggestions of me staying in the house and paying them rent at least till the end of the lease, then I went to CAB who rang the court for info and advised me to put in an application at the court to have my circumstances considered in the case - although the application was actually asking the court to delay the repossession. which I have to admit I found that a bit hard to take - I'd been paying my rent and instead of using it to pay the mortgage the landlord had been financing his lifestyle .. and here I was batting for his side! I realise thats probably not how it works but thats how it felt.

 

anyway, on with the story.

 

the agent tried repeatedly to get hold of the landlord but he wouldn't answer his phone or respond to letters. as I said I was renting the house furnished .. and there aren't too many furnished places around so I thought that if we could raise a response from the owner then I would make him an offer on the furniture and maybe help him out a bit and also help me.

 

in amongst all this I managed to find another place to live so was faced with the choice of either risking the court decision or taking the other (unfurnished) property and hoping the owner would do a deal on his furniture.

 

I decided to cancel the court hearing and take the flat. after I'd canceled the hearing the agent then told me that i wouldn't be able to move into the flat until a week after i needed it .. yes, I should have kept that court date even if it only gave me another two weeks (mistake #1).

 

the owner turned up on the day I was moving out of the house .. the day before the bailiffs were coming to change locks. I haggled with him over the furniture and we reached an agreement. He'd turned up with a trailer and said from the start that he wanted the bed, the tumble dryer and the cooker, the deal was that I paid him a price and I got the rest. I do have a reciept. so I went to the bank to get his money and while i was gone he dismantled the bed, loaded the dryer and cooker ... and, without my knowledge, also managed to fit a few extra things in the trailer! ok .. that was my stupidity, i should have known better and kept an eye on what he was doing/taking (mistake #2).

 

so right now my (newly acquired) belongings are in storage, I'm staying with family and friends, and I'm waiting to move into the flat. not a great spot to be in.

 

then earlier this week I've was told that the owner has disputed the deposit .. he's saying that property was missing from the house and he's also trying to charge me for damage to the sofa that I now own!

 

right oh! I've responded to his accusations .. nothing (absolutely nothing) of his was removed from the house before I bought it all, and there is no damage to the sofa either .. in fact he said in his letter that the arm was falling off .. its not and I've not only got photos but I have the sofa to prove it!

 

I'm angry. I have no home, I've suffered loss of income because of time taken from work to seek legal advice at the CAB, submit the court application and then move out of the house. I've incurred moving costs and now storage costs are mounting.

 

AND because of the landlords dispute I can't even get my deposit back until the dispute has been resolved, so now I dont have the money to put a deposit on the flat.

 

Oh yes, and another thing - my rent was paid monthly in advance so that meant that I had overpaid by 6 days (paid till the 9th June - eviction was the 4th and I moved out on the 3rd) and so should be entitled to a refund .. but, hey, the owner is disputing this too!

 

Is someone having a joke on me?! will I wake up soon and will it all have been a nightmare?

 

the agent keeps telling me that she is doing all she can for me but as each day brings worse news I'm starting to doubt that.

 

Anyway ... enough from me .. before I make mistake #3 .. what are my rights? how do I go about this in the best way? what should i expect from the agent?

 

any advice at all???? ... please?

Edited by eyedunno
change in subject

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If the agent or LL protected your depsit that should be returned to you less the only the amount in dispute straight away. raise a dispute with TDS scheme holder asap and start procedure to resolve.

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thanks for your reply raydetinu.

 

today the agent agreed to release the 6 days rent into my account .. 1 small win!

 

The agent also said that she agrees that i should get the whole deposit back but she said it's with the solicitors because they want to make sure they're doing the right thing and dont have any come backs on it.

 

I did request that they return to me the amount that isn't being disputed .. but got nowhere with them on that - in fact they led me to believe that while there's a dispute going on they cant return any of it?

 

I'll be going in to see them tomorrow so if I get no joy I'll do as you suggest.

 

thanks again.

Edited by eyedunno

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The amount not in dispute must be returned to you 10-14 days max thats the law,either by the custodial sceme or the landlord if an insurance based scheme. The amount in dispute if in custodial will be dealt with by their dispute resolution scheme which will be binding and final.

With an insurance based scheme the LL must transfer the disputed amount with the scheme within 10 days of the dispute being raised, again law. Now the LL can either invoke the dispute resolution scheme and if so it is binding or can go to court to get it settled. LL choice.

The Key here is that the LL cannot hang on to all the deposit and must release the undisputed amount within 10 days but 14 is usually ok.

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