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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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Hi all,

Been reading this forum for a while and even used a template to get back a deposit that a landlord was holding unlawfully, so thanks everyone for all the advice!

My issue now is that myself and my fiancée started a new tenancy about 4 months ago and were told by the agents who manage the property that they carry out inspections every 4 - 6 weeks. Not really a problem but we both work in hospitality and as such work strange hours and i frequently work night shifts so i asked them to give us plenty of notice to make sure i would not be sleeping etc etc.

 

A couple of weeks ago we had a letter stating that they would be visiting on June 29th and did not need a key for to get in as they had one. This was good for us as we were going to a festival in London on the 28th and staying to the 30th. So we had a spring clean the night before we left and did not think much else of it. When we got back from London it did not seem that anyone had been in the flat but we thought they must have just had a quick look around and left again.

 

Now today i got a letter saying that they had visited on the 6th (Monday) and they had some issues etc etc. (few plates not washed up, washing basket heaped blah blah blah). We were out on Monday afternoon and when we came back we found our house rabbit in our bedroom with the door closed, now the rabbit always lives in the kitchen and only comes out for a bit when we are home, so at the time we thought this was really strange but assumed that we had not closed the kitchen door properly and he had gone into our bedroom and the wind had closed the door to the bedroom (not unusual).

 

So my question really is, am i being unreasonable in being upset that they visited effectively unannounced and also left the rabbit in the bedroom when there are wires etc there that he can eat through. It is possible that this is just a typo or mistake as they appear to have visited exactly one week after they said they would but im sure if i made a typo and paid less rent they would be pretty upset about it.

 

Thanks for any comments or advice in advance

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They have no right to enter the property without you being there unless you have given them express permission. They should not be holding keys to your home, if they do they leave themselves wide open to allegations of theft etc. They are foolish if they enter unaccompanied.

 

They most certainly have no right to mention a few plates in the sink and a laundry basket with washing in it. This is your home for the duration of your tenancy and if you wish to do the washing up once a week that is up to you. You should see my place on a Friday night when I get in from work - like the local dump! Don;t mean its like it the next day though!

 

So long as you keep the property in good order, and return it to them in good order, I don't believe they can comment on your life style so long as it does not breach your tenancy agreement.

 

I do property inspections 6 monthly, and I tell my tenants not to be so silly when they apologise because they haven't hoovered/washed up - its up to them how they live. I'm there to make sure they haven't beaten the property up - I don't give a damn about minor things like washing up! Except if I visited and there were flies etc., from it, then I'd be concerned for the tenant over health issues, and would do something about it.

 

Have you got permission to have the rabbit? No you are not being unreasonable - if it were me, I'd change the locks, and tell them so.

 

Be careful when you vacate - make sure you are there when they do a check out inventory and if you are unhappy with it don't sign it.

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Yea, we have permission for the rabbit so that should not be an issue, just an issue that they let him into and left him in a room that had not been "rabbit proofed" and he has nibbled at some laptop and internet leads.

They want to come back in 10 days to inspect again, i think i will write a strongly worded E-mail and will also suggest 2 or 3 times that are acceptable to me for them to visit as i dont want to have to change my work schedule to ensure that i am in.

I have also started to use the chain on the door when i am in, as i hate thinking that someone could let themselves in when im sleeping after a night shift or in the shower etc

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That is reason enough to change the locks - you cannot have someone able to walk into your home when you are comatose - anything could happen, you don't know them from Adam.

 

Put this into your letter, its as much to safeguard them as it is you.

 

Thank Goodness they didn;t let the rabbit out the front door.

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Yea, we have permission for the rabbit so that should not be an issue, just an issue that they let him into and left him in a room that had not been "rabbit proofed" and he has nibbled at some laptop and internet leads.

They want to come back in 10 days to inspect again, i think i will write a strongly worded E-mail and will also suggest 2 or 3 times that are acceptable to me for them to visit as i dont want to have to change my work schedule to ensure that i am in.

I have also started to use the chain on the door when i am in, as i hate thinking that someone could let themselves in when im sleeping after a night shift or in the shower etc

 

Right. Let's stop messing around here.:mad:

 

First of all, they have no right to enter your property without your express permission, which you can legally refuse. To say they will "inspect" every 4 to 6 weeks is harrassment.

 

Come back in 10 days? Tell them to take a running jump.

 

Write to them and state quite clearly that you have taken advice and they have no legal right to enter the property without your express permission, with or without the correct written notice having been given, and that this permission is denied.

 

Tell them that you are not prepared to have your "quiet enjoyment" of your home disturbed by frequent "inspection" visits which amount to harrassment, and that if they insist, you will have them prosecuted for such harrassment.

 

You are perfectly entitled, under these circumstances, to change the locks - you must keep the old one and refix it when you leave. You do not have to give the keys to the LL or his Agent.

 

Do not let them bully or intimidate you. You do have rights in this matter and they are laying themselves open to a serious charge which, if you felt badly enough about the situation to want to leave, would be illegal eviction. A VERY serious offence.

 

Let us know how you get on.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Kentish Lass

Thanks very much for the advice, i will be writing to them on Monday, and will update next week....

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After reading Kentish lass's post I can't wait for the next installment :)

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Sorry - I must learn to come across a little less forcefully. But I get so angry when people just want to pay their rent and live their lives and are bullied by people like these agents.

 

The agents obviously do not have a clue about the law and are probably representing a landlord who is just as ignorant of the rights of the tenants. How dare they just enter someone's home without their permission - and then have the nerve to tell them off because there are dishes in the sink?? Who are they - the Stasi!!

 

It just because of agents/landlords like this that Housing Law is the way it is now. It is actually loaded in favour of the tenant, as many landlords would say, but when you hear of cases like this, you realise that it needs to be.

 

OK - rant over....:grin:


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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I've just had another thought - send them a bill for the damage to your property caused by them letting the rabbit out of the kitchen!:lol:


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Kentish Lass,

 

I wasn't complaining, your post was excellent :)

 

I hate being bullied, well being treated like an idiot. For over 2 months I have been telling an agent to sort problems out, which they are begrudgingly doing at a snail's pace, meanwhile I have repeatedly asked to discuss reductions in rent for hardships and inconveniences incurred and they have repeatedly declined to enter in to discussion.

 

Yesterday they received the country court action papers that I have issued against the landlords and now they, suddenly, want to discuss things with me. I'll leave it a few days for them to sweat before replying, to the effect, that it would be innappropriate for me to discuss this county court action with anyone not directly involved, i.e. I'll only discuss it with the defendants (landlords) or their legal representative.

 

I want to draw the landlords out from the hole that they have been hiding in to let them know a few home truths of how their property is being mis-managed by the agent, the agent has so far declined to divulge the landlords contact information!

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You may be able to get the landlord's contact details from the Land Registry website.

 

L12

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the agent has so far declined to divulge the landlords contact information!

Isn't this a criminal offence?

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UPDATE

Ok i wrote to them and said that i was extremely unhapy about the visit with no notice and that they were not to visit again without my specific written consent. I told them that i would have the carpets cleaned and the oven cleaned professionally at the end of the tenancy like i have at other properties.

They replied that in my TA it does not allow for a rabbit and that we need to get rid of it. WTF. Now perhaps we were stupid here but we had a verbal agreement with the LA who manage the property and also there are three flats in our part of the building all owned by the same LL and all 3 of us have rabbits.

Im really getting annoyed and frustrated and am tempted to just call it a day here in two months when the 6 months ends and find somewhere else, and fail to pay the last months rent so they cant keep my deposit! (realise that this is probably a bad idea but am very wound up about it at the moment)

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Whats going on with all the rabbits?:eek:

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They replied that in my TA it does not allow for a rabbit and that we need to get rid of it.

Yes, and I'm sure there isn't a clause that says "the tenant may keep rabbits" but does your tenancy agreement specifically exclude pets?

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Yes, and I'm sure there isn't a clause that says "the tenant may keep rabbits" but does your tenancy agreement specifically exclude pets?

 

Not at home at the minute but i think it says pets at LL's discretion or something like that

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But a rabbit needn't be a pet, it could be livestock :)

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And not to drift off topic, but just aquick update regarding me not having my landlords address:

 

The address I am provided with is C/O the agent's head office, they received my county court claim, addressed to the landlords, the agent opened it, contacted the landlords, then the agent, upon behalf of the landlords, offered me a reduced out of court settlement.

 

I replied that as this was now a county court/legal matter it would be inappropriate for me to enter in to discussion regarding it with any other party than the defendants or their legal representation ..... i.e, to the agents, "up yours sunshine, you've ignored me for far too long and you're now too late to start talking about it" :)

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So before you sent off your letter, you checked your AST? I agree that no LL or property agent should enter the property without notice, but do you have proof that they did - have they admitted it? My AST says that the LL (or agent) has to give at least 24 hours written notice, except in an emergency. I would expect the LL or agent to have keys. Six weekly visits could not be necessarily deemed as harassment, although it's a bit much them pointing out general untidiness as some kind of breach. However, I would not change the locks.

 

On the pets issues, the AST will normally say 'with LL's (or agent's) written permission.'

 

If you are unhappy with the situation, your best bet is just to give notice and leave. Taking a stand may be more time-consuming and stressful than you imagine and you could end up losing out financially too.

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Yes,

 

I agree with the post immediately above.

 

In the current economic climate rent prices have been dropping and still properties remain empty. I was searching for a rent 4 or 5 months ago, because my current agent/LL have disrespected me so much I have decided to vacate as soon as this 6 months are up and recently looking on the 'rightmove' site many of the properties I was looking at 4 or 5 months ago remain empty and available to this day.

 

And as a landlord myself, and I am lucky because my current tenant has been there for 10+ years, I don't mind putting just a little effort, and money, in to the property to keep her sweet and I know that she appreciates it and it serves to keep my rental payments coming in.

 

So, in the current economic climate, the tenants have the advantage, the agents don't appreciate it but many of them live with their heads up their backsides. But, by county court action, I'm about to get in direct contact with the landlords of this property and, landlord to landlord, I'm going to let them know of a few home truths of the agent that is, supposedly, managing their property.

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Yes, I think LL's who trust their agents are ill-advised. Many LLs would probably be quite surprised at the things that are ignored by the agent, despite the fact that they are paying them a substantial sum to 'manage' the property. You'd think in these times that standards of customer service would rise - not a bit!

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yes they have admitted in writing to entering the property on the 6th July, I received no notice of this, although their letter does state "as i was unable to attend on the 29th, i inspected your property on the 6th July".

 

TBH i think that i had pretty much decided to follow your post before i read it. I think i will give notice next month when rent is due and move out. I also agree that properties that we considered 6 months ago are still on the market but a bit cheaper!

Edited by magicratx

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But, by county court action, I'm about to get in direct contact with the landlords of this property and, landlord to landlord, I'm going to let them know of a few home truths of the agent that is, supposedly, managing their property.

Do you have a thread for this? I'd like to read more

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I would defo change the locks anyway, takes temptation away from them.

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bedlington83,

 

Well this is a previous thread I posted although the situation has developed since:

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/206297-disregarding-tenancy-agreement-landlord.html

 

Just to provide one example:

 

The toilet seat was broken, i waited and waited for the agent to sort it before I went online to Wilko's and sourced a white MDF loo seat for the grand sum of £5.00.

 

I wrote to the agent 'Your Move' providing the link to the seat and if they agreed to reimburse me the £5.00 then I'd buy and fit the loo seat myself, their answer was a flat "NO" and I waited for several weeks thereafter for a functioning loo seat.

 

I have learnt since, and I won't reveal my source in case Your Move are reading this, from a reliable source that whatever a contractor may invoice the agent/LL for for work carried out the contractor is contracted, in writing, to pay 10% of that invoice to Your Move.

 

It's not rocket science that a contractor will over price the job to 111% for him to receive his 100%, not only are Your Move [causing problems] the LL for overpriced work carried out but they are inconveniencing the tenant(s) in the process.

 

They wouldn't authorise me to buy a loo seat because there was nothing in it for them, instead they appointed a contractor to visit, provide an estimate, then buy a loo seat to come back and fit it. I would guess that this cost the LL £20.00 rather than the £5.00 had they done as I had suggested.

 

But look on the bright side, Your Move made circa £2.00 out of replacing the loo seat, that's how ridiculous they are!

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