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    • So sorry it's took me a few weeks to respond back to you. Thank you so much for your response. My grandfather is clear about the pension deductions on his pay slips.  As I mention before all these went missing in the burgarly. We have tried Willis Tower Watson but they were not to helpful. I am stuck what we can try next. Thank you again.     
    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi

 

Not sure this is the right section to post my query I'm a bit overwhelmed with the amount of categories here!

 

I've recently won a small claims court against an independant courier company. Briefly I used them to ship a large LCD tv that I sold on ebay to the winning bidder in 2007 & took out insurance. The TV arrived smashed & I put in a claim with the courier company but for some reason the claim was taking an extraordinarily long time to be settled each time I would ring & speak to the person dealing with the claim he would say that the insurance were still processing it, despite the insurers never having contacted me. This went on for months until one day I was told that the employee had left the company & they claimed no knowledge of my case. I entered into email correspondence with them whereby they promised to look into it but never got back to me. I had no option in the end but to initiate a small claims case against them which I eventually won, the director turned up at the 1st trial date claiming it had 'come out the blue' despite my having all the paperwork to show I had been in correspondence with the company he asked for an adjournment & then he didn't bother turning up at the 2nd trial so it was found in my favour.

 

I won the case on 7th July & they were given 7 days to pay by the court. I have heard absolutely nothing. I rang the company a couple of times and spoke to their secretary who said she would pass on my messages & ask the director to get back to me but still nothing.

 

I have now sent a letter saying I am giving them 7 days to pay or I will execute a warrant. They have until Thursday 20th August to send full payment.

 

What I'd like to know is how to go about executing a warrant if they don't pay up. I don't expect to hear from them as my experience with them is they seem to just ignore everything in the hope that it will go away. The judgement amount is £1759 and the company is a limited company registered with companies house, established in 1991. What are the bailiffs chances of getting this money back from them? I seem to recall reading somewhere that they cannot remove goods that are needed to run the business, which I presume could apply to practically everything in the business! Also do I address the warrant to the limited company or to the director?

 

My other concern is that I am going abroad in September for up to 6 months so if I execute the warrant now, will this cause problems for me?

 

Any advice appreciated! I've never been very lucky with regards to things like this, the only other court case that had a favourable result was when my ex neighbour pleaded guilty to vehicle theft of my van & its contents (he sold it for scrap when I went away on holiday!) and agreed to pay compensation in court...I received £30 in total before he was killed in a motorbike accident (also stolen!) and as far as I'm aware this would mean I am no longer entitled to anything? It'd be just my luck if this company went bust before I could recover the debt from them.

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Hi

 

Not sure this is the right section to post my query I'm a bit overwhelmed with the amount of categories here!

 

I've recently won a small claims court against an independant courier company. Briefly I used them to ship a large LCD tv that I sold on ebay to the winning bidder in 2007 & took out insurance. The TV arrived smashed & I put in a claim with the courier company but for some reason the claim was taking an extraordinarily long time to be settled each time I would ring & speak to the person dealing with the claim he would say that the insurance were still processing it, despite the insurers never having contacted me. This went on for months until one day I was told that the employee had left the company & they claimed no knowledge of my case. I entered into email correspondence with them whereby they promised to look into it but never got back to me. I had no option in the end but to initiate a small claims case against them which I eventually won, the director turned up at the 1st trial date claiming it had 'come out the blue' despite my having all the paperwork to show I had been in correspondence with the company he asked for an adjournment & then he didn't bother turning up at the 2nd trial so it was found in my favour.

 

I won the case on 7th July & they were given 7 days to pay by the court. I have heard absolutely nothing. I rang the company a couple of times and spoke to their secretary who said she would pass on my messages & ask the director to get back to me but still nothing.

 

I have now sent a letter saying I am giving them 7 days to pay or I will execute a warrant. They have until Thursday 20th August to send full payment.

 

What I'd like to know is how to go about executing a warrant if they don't pay up. I don't expect to hear from them as my experience with them is they seem to just ignore everything in the hope that it will go away. The judgement amount is £1759 and the company is a limited company registered with companies house, established in 1991. What are the bailiffs chances of getting this money back from them? I seem to recall reading somewhere that they cannot remove goods that are needed to run the business, which I presume could apply to practically everything in the business! Also do I address the warrant to the limited company or to the director?

 

My other concern is that I am going abroad in September for up to 6 months so if I execute the warrant now, will this cause problems for me?

 

Any advice appreciated! I've never been very lucky with regards to things like this, the only other court case that had a favourable result was when my ex neighbour pleaded guilty to vehicle theft of my van & its contents (he sold it for scrap when I went away on holiday!) and agreed to pay compensation in court...I received £30 in total before he was killed in a motorbike accident (also stolen!) and as far as I'm aware this would mean I am no longer entitled to anything? It'd be just my luck if this company went bust before I could recover the debt from them.

 

You will need to apply to the court for a Warrant of Execution but a speedy solution to getting payment would be for you to pay the small fee to have the case "transferred up" to the High Court for enforcement !!

 

You then need to choice a company to use to enforce the debt and this is where the likes of Sherforce Ltd or Marston Group will come in handy.

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