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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • 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 !!!!
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Hello everyone.


I moved into a one bed flat in April this year, 6month fixed term contract, just myself.

Over the last three weeks wet patches have been appearing over the inside of my bedroom wall (an external wall). I have reported this to my landlord who sent a builder to assess the problem. He was at a loss to identify the source: says the thing he suggests is done, is that the 'bad plaster' is hacked out and replastered, and said it is likely to reocurr.

LL is willing to fix it but says the flat needs to be vacant in order to fix it and therefore informed me I will need to move out at the end of my tennacy (mid October) when the repairs will then be completed.


The problem is worsening, every time it rains, new wet patches are appearing on the walls, the damp areas are also expanding and now black and white mould is appearing on the walls. I have contacted the landlord and sent further pictures (currently they are out of country). I have I contacted the LL and asked to negotiate to end the tenancy early, which would allow her to undertake the work sooner, and me to move out of a damp mouldy bedroom! I have severe asthma and frequent pneumonias and I am very concerned about the implications of having to remain sleeping in a room with this problem until mid October.


My request has been denied and I have been told I am still liable to fulfill my contractual payments until the end of my tenancy (mid October). Incidently, the rain water has now started to go into the flat below me too (I am first floor). When I moved in, the bedroom was very very cold, and I know from talking to neighbours this was one of the reasons why the previous tennants moved out. So I suspect this problem has been building for a long time to have reached the point where it's saturating the full thickness of an external wall in a very old property!


I guess I'm looking for some advice to whether I can have any grounds to insist the contract ends sooner on the basis of the way the problem is progressing.


I am thinking at the moment, I am going to have to move out sooner and end up paying rent on two places at the same time for 7weeks. If I did do this would there be any grounds to try and seek some money back? I know that if I do move out, the LL will send the builders in sooner (during my tenancy) to fix the problem (that she says is not possible to fix until the flat is empty!).


Sorry this is so long, hopefully it makes sense! Any advice would be gratefully received. many many thanks.

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If the landlord wants you to fulfill your full contractural payments, then he must also fulfill his contractural (and statutory) requirements i.e. keep the property in good repair.


Rather than telling you to wait until October, what he should have done was have the work actioned right away and either allow you to end the tenancy or pay for you to move itno some tempoary accomodation for a week.


I suggest your next contact is your councils private tenancy relations officer and environmental health.

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Yes, definitely EHO, tell them you are asthmatic - and stop sleeping in there, can you put a z bed or something in the lounge? As an asthmatic you are more susceptible to the mould spores and could end up with some vile illness such as aspergillosis - been there, done it, got the t-shirt, all from asthmatic ex-partner living in mould. As I understand it the aspergilis spore or whatever it is comes from mould and as I recall it is a type of pinkish mould. have you seen any of that?


If you cannot sleep in the lounge until this is resolved, use a 10% bleach solution in hot water (get a friend to do this because of bleach fumes/asthma) and wash off all the mould you can see. The underlying problem will make it come back, but you need to kill the spores which will do you harm if you breathe them in. Photograph it before you clean it, when you have cleaned it, and when it comes back. Make sure photo's can be date stamped. Also keep the room both warm and ventilated, and keeps records of that, we don't want LL coming back and saying its condensation due to living conditions! Check your clothes - the winter ones tucked away in the wardrobe - have they been covered also? Likewise anything you have stored away in that room.


Now you say it worsens in heavy rain - so my first thing to check would be the gutters and soakways. Are they all free from debris and running well? Are any of your neighbours suffering a similar thing on that part of the building? Its all very well to hack out the shot plaster, but like the builder said, that is cosmetic and not dealing with the problem - like when idiots overboard damp instead of dealing with it!


Your landlord may have rights, but that does not extend to allowing his property to cause you ill health - if that happens you'll find that you very much have the upper hand.


I do hope this all works out ok.

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Ah, re-read your post, your neighbours are experiencing the same thing in the same area of the building, so I go further and suggest the damp proof cause has popped its cloggs (old building) or this could even be caused by cold bridging - this is an area of the house where it is cold constantly. Ask your neighbours if they have had any independant advice and what it was. However, because you state RAINWATER is getting in, then I reckon its a fault with the rainwater goods somewhere. Blocked hopper heads can cause this (in which case waste water from baths etc would be getting in) and blocked gutters, especially if the blockage is someway down the pipe, will also cause this.


I moved into a fairly old building several years ago, and had a huge wet patch on one bedroom wall. It turned out the gutter in that area hadn't been cleared for 60 years - it was necessary to get into the neighbours garden to do it, and the half the front lawn had to come up as well - the problem was with the gutter, but in the old clay soakway under the lawn - it had fractured and over 60 years of leaves, and slime were caught in it. Oh how I laughed when the whole lot in the downpipe came down on my partners head! Damp was sorted though!


Here's a laugh, year's ago at mum's her loo blocked. Out came the landlord, who insisted it was "those things you ladies use". Mother was irate and insisted since no-one in the house used "those things" he was wrong. He cleared the downpipe, and what pops out? Two large roast potatoes jammed together in the pipe from where mother, who does not put sanitary towels down the loo, had tipped the leftover sunday roast and flushed it away! Thats the only time my mother has been rendered speechless.

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