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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
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My landlord hasnt protected my deposit, and advice appreciated!


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Hi everyone,

 

This is my first post, so please be gentle with me.

 

My partner and I have been living in our current property for just short of 6 months and we have an AST, we will be leaving the property next week, purely because the landlord refuses to carry out essential maintenance to the house, and also because it is the end of our 6 month tenancy term.

 

That aside, he has not protected our deposit in any scheme, for which I have email confirmation from the 3 different schemes.

 

It was only when I contacted an advice service in regards to the repairs that I found out this was against the law, and that we have a right to claim against him. However, I was told that the chances of success arent as high as they should be, as landlord's can protect deposits in the time between being issued court notices, and an actual court date.

 

Being almost at the end of our tenancy, I feel that the coming weeks would be the appropriate time to claim, would anyone be able to advise on how I go about this, and what (if anything) I can do to help my chances of success in this type of case?

 

Thanks so much for taking the time to read this.

 

Amy (and family)

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Hi and welcome to the CAG forums.....i'll move this thread to the landlords and tenants section, where hopefully you should get some more advice/comment...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi everyone,

 

This is my first post, so please be gentle with me.

 

My partner and I have been living in our current property for just short of 6 months and we have an AST, we will be leaving the property next week, purely because the landlord refuses to carry out essential maintenance to the house, and also because it is the end of our 6 month tenancy term.

 

That aside, he has not protected our deposit in any scheme, for which I have email confirmation from the 3 different schemes.

 

It was only when I contacted an advice service in regards to the repairs that I found out this was against the law, and that we have a right to claim against him. However, I was told that the chances of success arent as high as they should be, as landlord's can protect deposits in the time between being issued court notices, and an actual court date.

 

Being almost at the end of our tenancy, I feel that the coming weeks would be the appropriate time to claim, would anyone be able to advise on how I go about this, and what (if anything) I can do to help my chances of success in this type of case?

 

Thanks so much for taking the time to read this.

 

Amy (and family)

 

You need to firstly sent a Letter Before Action to the landlord stating that unless he protects or returns the deposit within 7 days you will start a court order requesting the same. And also mention that if the judge orders the protection or return of the deposit, he will also order a penalty of 3x the deposit in your favour. There are example letters on this site.

 

Then, if the Landlord protects or returns the deposit, you'll get your money back. If he doesnt, you need to lodge a claim for return of your deposit plus the 3x penaltly.

 

Kapish?

 

PS I presume your rent is less than £25k on an annual basis (or 12.5k on a 6 monthly basis)? And that you live in England or Wales?

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Hi DT,

 

Thank you for the advice. Our rented acommodation is in England, and we pay £575 per month, and paid a total deposit of £870.

 

Is a letter asking him to protect the deposit strictly appropriate? I wont raise this issue with the landlord until the tenancy has ended, and we see if we are returned any deposit at all, (to save the risk of submitting an incorrect claim form).

I will certainly inform him of the potential outcome of a court order in writing.

 

I have to say at this stage, a simple return of our deposit, although it would be a relief, would not satisfy me.

 

The landlord has treated us, and the property very badly, refusing to do essential maintenace works on the gas and electrics. And it seems that I have no other chance of holding him to these issues, as my local council tenant support team are very unwilling to support any persual of landlords shirking their responsibilites.

I would also like to add, that had it not been for this treatment, we could have spent many happy years in this property, paying him quite probably, over the odds in rent.

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You mention gas and electrics - were you given a gas safety certificate at the beginning of the tenancy (or at any time since?)

 

If not, you can report him to the health and safety executive who take a very serious view of this - he would be liable to a large fine and possibly imprisonment.

 

By the way, you are probably right in waiting to see if your deposit is returned to you before actually taking any action. If it is, despite his not protecting it, you would be unlikely to succeed in a prosecution. This makes a total nonsense of the deposit protection scheme!!

 

This legislation is extremely badly drafted and open to different interpretations depending upon who the judge is.

Kentish Lass

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

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Hi Kentish Lass,

 

We have had neither a gas or electric saftety certificate, and we have asked on more than one occasion for an electrical safety certificate, as there are exposed wires in one bedroom, and a bedroom with 3x double sockets, of which all are loose and none work. In addition to the double socket in the 3rd bedroom that has never worked.

 

How do I contact the health and safety executive, and what exactly are his responsibilities in terms of providing us as tenants proof of gas and/or electrical safety?

 

When approached on this issue, the landlord has been very rude, stated that the house is safe even though he cant prove it, and then proceeded to hang up on me.

 

Thanks for bringing this to my attention, and for the help :)

 

Amy

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