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    • These companies don't actually like to take people to court.  Legal fees in small claims are capped at £50.  However, the people who run the companies are so stupid that they are incapable of dealing with their own court cases and so have to employ local solicitors which costs them a bomb.  So even if they win in court they lose IYSWIM.     If you give them both barrels now there is a good chance they will decide it's not worth their while and go after some other naive mug instead.  There are no guarantees of course.   Just to clear a few things up.  You actually paid the parking fee - twice - but the machine was knackered, right?  Any proof of this?  Then the fleecers sent out a second demand without sending the first so you couldn't appeal or get the discount, right?   Also, can you remember what you wrote to them?  In particular if you outed yourself as the driver?
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    • hi sorry about that i never no were to post 
    • Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
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Contract ended, notice served, tenant won't leave


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Hello, I hope someone can help.

 

I have a house by a university I rent it to students. Last year a spanish mature student (37) took a room who was only at college. The house is for 5 people but I only had two in it that year. This year from 1st Sept it is fully booked. People have paid Septembers rent already. The spanish girl with her ocd behaviour and tantrums made the other girl leave as she was unbearable to live with. I had to let her out of her contract and lost rent because of this.

 

I know the spanish girl is wierd and wondered if she would go or not at the end of the contract. She is supposed to be going to Manchester University. With this thought in mind I issued a notice of possession over two months ago which she refused to sign but said she was going.

 

Tonight she text me to say she needs an extra two weeks and for the other person to wait until she leaves !!!!angry-smiley-030.gif. This is not possible as they are moving in on Tuesday.

 

Does anyone know what I can do to get rid of her as she has no excuses to stay on she knew she had to go. And of course what can my new tenant do ?? can he sue me or her and where is he to go. This is making me feel sick with just days to go until the 1st.

 

Thanks for any advice.

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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unfortunatly the law does seem a little biased towards the renter on this

 

if proper notice has already been served and they refuse to move then i beleave the next step is eviction notice, however this can take a month or more. and the judge can provide "additional time" for the tenent if they can prove that its "exceptional circumstances".

 

i would hold on for more advice as tenant law isnt my forté

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I presume that your tenant is under an AST and that you served an s.21 notice. This is just that - a notice that you require possession. If tenant does not go on the required date I'm afraid you have to apply to the court for possession. This can take some time, and as mentioned before, the judge can take tenant's circumstances into account. If tenant still does not leave, you have to get bailiffs to remove them. This is all a very long-drawn-out process and certainly won't happen in two weeks.

 

If your tenant is indeed under an AST (if you are not resident then she will be) on no account can you evict her. This would be illegal eviction which is an extremely serious offence and you could end up with a heavy fine and even imprisonment.

 

Regarding your new tenant, you will have to find alternative accommodation until your spanish tenant has departed. Not good news I know, but as I said, on no account can you evict her.

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 presume the property is a registered HMO and as such, the rest of the tenants should be able to move in but you will have to find alternative accommodation for the one who was to occupy the sitting tenant's room.

 

You might like to warn the other tenants of the problem (it may be that if the 5th tenant is a friend that they may "encourage" the sitting tenant to depart.... )

 

You could try offering Spanish tenant cash to go, but (I know this sounds daft) I am not sure this is actually legal as it may be classed as harrassment to encourage eviction.

 

You should definitely set the legal wheels in motion. By the way, tenant does not have to sign s.21 notice. Tell her you are applying to the court to evict her - it might move her more swiftly..

 

Difficult situation for you. Sorry I can't give you better news to resolve it.

Kentish Lass

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

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Thank you all for your replys. I have read the shelter website and it says that the council will only prosocute the landlord in exetreme circumstances eg if they have misbehaved several times. I have been registered with the council now for about 9 years with no problems from me.

She can apply for her losses. Which I don't think there will be. Her stuff will be safe. As it stands I would have to pay for a room for the boy anyway. The benefits for changing the locks are that the boy would get his room at no extra cost to me and he would be happy.

 

I am just thinking aloud at the moment, toying. Dammed if I do dammed if I don't.

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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