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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   …………..   yes I know thats 3 CCA requests sent but by golly will it make them squirm if they don't reply this time in your defence   
    • Hi,   We had a car at my sisters house on the driveway. It had no tax or MOT. We booked it into the MOT, and began driving to the pre-booked MOT. On the way, it was clear there was something wrong with the car above 40MPH, some knocking sounds and the engine went into limp mode. Half way through the journey, we diverted and drove to our garage instead, and then reported this to the MOT center.    We fixed the problems a week later (at our garage), booked the MOT again, literally drove up the road to make sure the problem was fixed, turned around, went back to the garage before heading back out for the MOT center less than an hour later where it had passed and then drove back to the garage.    We've since received a letter from the DVLA to say we have a £350 fine for having no tax on the vehicle. We don't know if this was from the initial attempt to go to the MOT, or if this was from a camera which happens to be near our garage on the second attempt. We've appealed, sending proof of the MOT's and have not heard anything for a week.    I just want to know if we actually did anything wrong? We didn't stop anywhere else or use the car for any other purpose.    Thanks!
    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
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I am currently in a tenancy on a rolling contract. Within a few months of first moving in, scaffolding was put up on the front and back of the building and stayed there (along with noisy building work) for 18 months. I was furious that my landlord did not warn me that he was planning this. I have now found out from a neighbour that more loud works are planned for the beginning of next month. Once again, no warning from landlord. I want to move out before the work starts, which is in early Jan. My next rent payment is on Jan 1st.

Can I leave in early January, or can the landlord insist that I pay next month's rent in full, even though the flat will be uninhabitable due to the noise? If the landlord wants me to stay until Feb 1st, would I have the right to insist that the landlord delays the start of work until the end of january?

Edited by lastattemptbutone

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You should have had notice of request for planning permission through your door months ago?? You can try making a complaint to the council about it, contractually notice needs to be provided a full rent period before moving out, but its the 6th so talk to the landlord and see what he says..


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hey, thanks for the reply! :p

 

Previous experience with my landlord suggests that unless he is legally obliged to do something there is 0% chance that he will do it - in fact even when obliged he often tries not to. So asking nicely is definitely not an option i'm afraid!

 

The planned works are going to be extremely noisy and last for several weeks. I haven't received anything in the post about them - I found out from one of the other property owners in the building. Is there some way I can find out whether planning permission was required and/or granted, and if so, could I use this information to release me from the tenancy, and/or postpone the work?

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You will need to check your councils website, or call them up tomorrow and they will be able to see if planning permission was granted. If it wasn't then let them know what he intends to do.

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Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hey,

Called the council and apparently no permission is needed, as it does not actually affect the building - just the area immediately outside :Cry:

 

On the previous occasion, the landlord initiated a project which resulted in loads of noise, scaffolding being left on the front and the back of my building for months blocking out the light, the loss of my back yard, building materials falling into my yard, damage to my property (plants) and contractors opening my windows from the outside and leaving my possessions exposed. I was given no warning and could not access accurate information about it. In addition there have been loads of other things going wrong, including food coming up through the bathroom plughole, damp mould in my bedroom, multiple appliance failures, flooding via the living room ceiling, a black mould problem in the bathroom which wasn't dealt with for months and months, and a failure to respond to enquiry about asbestos before dealing with the mould problem. I have received no compensation for anything. The management agents always fob me off, saying that the landlord is their client, not me. I usually have to chase them so much it's like a part time job.

 

I have found the experience of living here to be enormously psychologically distressing, and am desperate at the thought of continuing to pay for this property when I'm not even able to use it due to noise, especially as the landlord failed to notify me of the impending works AGAIN. Is there anything at all that I can do to get a bit of justice???

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Following the last post, does anyone have any advice or guidance on how to construct formal requests for compensation, what type of problems can I be compensated for, and how much I should ask for for each problem? Is it possible to claim for distress?

 

Also, just to be clear about the notice issue: I did send the agency a letter (on Nov 26th) but they claimed not to have received it in time (although I can show from my computer records that I created the letter on the 26th). As I sent it in the post, and therefore cannot prove that they received it, I just assumed that I would have no comeback on that front and would instead have to argue that I shouldn't have to pay rent in January because they should have given me notice of the work. But naturally any advice to the contrary would be gratefully received!

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