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    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
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    • So tomorrow your daughter needs to SAR UKPCM, and get a free Certificate of Posting from the post office.  It's a good idea to stick in a copy of I.D./proof of address otherwise they will use lack of to delay.   Let's be quite clear that this is last chance saloon for her.  No-one will remind any more.  If she doesn't SAR them this time then she will have to compile a Witness Statement and then appear in court without having a clue about what happened.  So get the SAR off tomorrow.
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Notice period on rolling contract


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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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