Jump to content


  • Tweets

  • Posts

    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
    • I've heard from the Company Lawyers. They have managed to get the Courts to agree to a hearing in July. They have suggested do we want to settle.    As interest will roll on up to Settlement and the Enforcement notice will remain live I can see why. In their usual aggressive manner they are saying they will charge me costs for setting aside the Enforcement.    Suggestions on my reply over and above the full settlement of what I'm owed plus interest?    In July it'll be 2 years since the FOS found in my favour. A real nightmare. 
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3810 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courtlink3.gif.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your claim.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

you may have to alter some of this in order to take in what you are trying to achieve

Link to post
Share on other sites

Hi All,

I know I'm supposed to start a new thread but I don't know how! I don't seem to have the access to start a new thread only to reply.

 

Hopefully someone can help with the Lowell losers. I have received letters now for nearly a year, I've replied once asking them to provide information on the amount that I owe as I (honestly) have no recollecton of it. it's nearly £200 from a phone company last paid in 2004.

 

They are getting more and more serious with their letters and have placed a default status on my credit status that is restricting me to get credit. The default is with Lowell and the started date is 28/08/2004, the defaulted date is 10/02/2009.

 

I've never admitted ownership of this debt and I've seen threads on here saying that after 6 years this will be statute barred. Does this mean that my credit history with the lowell record will be cleared after 28/08/2010?

Or should I request a CCA from them?

Any help will be very much appreciated. I hate these people!!!!

Link to post
Share on other sites

Click on this,

Debt Collection Industry - The Consumer Forums

 

Then scroll all the way to the bottom of the page, and insted af a blue box with the words 'Post reply' there will be one that says 'New Thread' click on that and start your own thread give it a name like 'Desali100-V-Lowell.

 

And then you will get more help for that itch..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
it's nearly £200 from a phone company last paid in 2004.

Which Phone Comapany? 3G perhaps??

 

They are getting more and more serious with their letters and have placed a default status on my credit status that is restricting me to get credit. The default is with Lowell and the started date is 28/08/2004, the defaulted date is 10/02/2009.

Well, if you genuinely do not know of any outstanding debt to this Mobile Phone company, then did you send them the 'No debt acknowledged' letter?

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

What did they respond with?

 

I've never admitted ownership of this debt and I've seen threads on here saying that after 6 years this will be statute barred. Does this mean that my credit history with the lowell record will be cleared after 28/08/2010?

In short yes, any default placed on your credit file only have a life span of 6 years, then it will automatically drop off.

 

Or should I request a CCA from them? Mobile contracts don't fall under the CCA.

 

Really do need more info, once you have your own thread mind will be more than happy to help..

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

recieved a letter from them saying i should contact them as theyhave been sending me letters. also been gettin calls from them but as soon as they say lowells i just cut them off. wat do i do:(

Link to post
Share on other sites

Have they been sending you letters, saying what exactly?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

they sent me a letter as i stated earlier with them sending me the terms and conditions and copy of the bill and amount that i apparently owe. in that letter it stated i should pay within 7 days to avoid court action.

 

recieved a letter today saying i didnt contact them and that i should contact to avoid further action.

 

Been gettin the calls for the past couple of days aswell.

Link to post
Share on other sites

IMHO it's 98 quid! What do they expect you to do?

 

I would simply ignore them now, if they have sent you nothing that ties you to the account and have just sent generic T&C's and an alleged bill, just file their nonsense away, alternatively send them the no acknowledgement letter again. Just get proof of posting this time, I wouldn't waste the price of a first class stamp on them either.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Have you got in touch with the mobile phone company?

 

I would speak to them, and ask them what is going on, however don't pay them anything over the phone!

 

Lowells will do nothing, so they can be suitably ignored for the time being, OR you can tell them that you dispute the account and are in discussions with the mobile phone company, and request all collection activities to be suspended until you are able to get the relevant evidence of the alleged debt from them.

 

And the only way you will really know how this debt came about would be to SAR the phone company, and get all of the information and facts, way before entertaining lowlifes...

 

Try the cheapest method first, and ring the phone company, before shelling out a tenner for a SAR.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

ok recieved another letter.

 

stating that after numerous occasions i havent got back, and if i do not pay within 5 days legal action will be taken including someone knocking on my door.

 

wat to do please ladz

Link to post
Share on other sites

Can you scan and post that missive up on here, removing all ID first.

 

It is a threat which has been generated by a computer, it will have not had any human input, less for the postie pushing it through your letter box.

 

If I knocked on your door and said you owe me 98 quid, pay up now, what would your first reaction be?

 

Exactly, I would be lucky to be able to walk away from your property.

 

Do not be intimidated by these fools, they are absolutely nothing to worry about, I would be extremely surprised that they have any doorstep collectors working for such a laughable company.

 

Ignore their pathetic empty threat.

 

Have you contacted the phone company yet?

 

As you can see, you have sent them the 'No acknowledgement' letter and their threatomatic computer has made no reference to it, file the letter away safely, and collate all the evidence to be able to make a formal complaint to the OFT and TS at a later date.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
ye have done that, so i should just wait? they are just sending letters saying i have this many days bla bla. anything i should send to them?

 

Seriously, you have nothing to worry about, the letters will intensify both in empty threats, and regularity, unless they issue you with a statutory demand, which these jokers won't, then you really have zero to worry about.

 

You have sent them the No debt acknowledged letter, to which they have failed to reply to you in any coherent manner, ensure you keep a diary of events and copies of all the garbage they send you.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

ok recieved another letter today however this time it was from RED Debt collection not lowells. They want the same debt and are asking me to call them, and then a little later on i recieved a text from lowells asking them to call.

 

So im being followed for one debt by two companies.:confused:

Link to post
Share on other sites

Look at the bottom of their threatogramme, it should say that RED is a trading style of Lowlifes

 

Designed to intimidate and exploit the debtors lack of knowledge, file it under ignore, what did this one say, and what colour crayons did they use?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
ok recieved another letter today however this time it was from RED Debt collection not lowells. They want the same debt and are asking me to call them, and then a little later on i recieved a text from lowells asking them to call.

 

So im being followed for one debt by two companies.:confused:

Red an Lolwells are one and the same as is their joke outfit called Hampton Legal. Basically its the same sh!t on different notepaper. They are all Trading styles of the Leeds Losers. Do not even dignify these clowns with a reply.

Link to post
Share on other sites
  • 4 months later...

ok recieved a letter from "merit force collections" saying that baliffs will be knocking on my door in 10 days. I can stop this by calling bla bla. and a few weeks ago i recievd a letter from mackenzie hall saying i can pay half the original debt of 98. I only need to pay 49.00, which i ignored. however these letters are getting ridiculous and im getting a big shouting at from my dad if i dont do anyting. how do i make them stop. please help me:( If i pay them will they stop?? Also they have put a default on my file aswell!! I need that removed aswell.

Link to post
Share on other sites

Once the default is on your record, it will stay on their for 6 years. They won't remove it even if you paid. It would just be noted as satisfied.

 

Meritforce are just doorstep collectors with no powers. Bailiffs on the other hand do have powers if there is a court order.

 

My advice for what it is worth, is that if you have not managed to dispute the debt, you should pay up. Is it worth this much hassle over £98 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Meritfarce are Mucky Hall's pavement pounders.

They may visit, but unlikely, simple tell them to do one if they do, no powers whatsoever.

There will be no Bailiffs unless they have been to court without you knowing, obtaining a judgement and you have failed to comply with the terms of the judgement.

 

Is just more intimidation tactics to get you to contact them by phone.

Personally I would report them to trading standards and the OFT for threatening Bailiff action which they know is not an option

Link to post
Share on other sites

I had 4 letters threatening and authorised collector visit from meritforce, i never responded, no-one ever turned up meritforce must have got bored of the lack of response so then muck hall carried on sending their threat-o-grams for me to ignore. Still ignoring well, it's easy but my alleged debt is statute barred.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...