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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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Hi, I was hoping to get people's opinion on the below clause.

 

The background to this is that I signed a 12 month tenancy agreement on a property. I moved in on 9th June 2009. I wanted to include a six month break clause but the Landlord requested (verbally unfortunately) that I have an 8 month break clause as he didn’t want to relist at Christmas time.

 

I agreed and signed the contract which included the below clause.

 

I have just tried to give notice on the property as it has now been 6 months but were told that we have signed a 8+2 month break clause and I cannot leave until April 9th.

 

I read the below as the tenant can leave after 8 months provided they gave 2 months notice of that desire. The Letting agent disagrees.

 

What do people think, do you agree with the letting agents interpretation or mine? And secondly what options do I have regarding independent assessment of the clause?

 

I have already signed a contract on a new property to move in in Jan so I will be liable for 2 rents if the letting agent continues.

 

I'm assuming that there is a right or wrong answer here and if im wrong - that’s fine I'll notch it up as a mistake on my part but I would like to find out who is right.

 

Thanks in anticipation….

 

"If the Tenant shall desire to determine the tenancy hereby created at or

at any time after the end of the first eight months thereof and shall give

the Landlord not less than two months notice in writing of such desire and

shall up to the time of such determination pay the rent and observe and

perform the agreements and obligations on the Tenant’s part hereinbefore

reserved and contained then immediately on the expiration of such notice

the present tenancy and everything herein contained shall cease and be

void but without prejudice to the rights and remedies of either party

against the other in respect of any antecedent claim or breach of

obligation"

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I think you are right. With these things, I try to put them into straightforward English (sometimes its impossible with lawyer-speak):

 

"If the tenant wants to end the tenancy in January or later, he should give two month's notice."

 

The agent's interpretation of the above would be that the "wants" refers to January which seems wrong to me. But then I am not a lawyer.

 

If they wanted it that way round they would have said:

 

"If at or at any time after the end of the first eight months the tenant shall desire to end the tenancy...then he shall give the landlord 2 months notice..."

 

If you move out, you may end up having to dispute the return of your deposit and/or a possible court action. But if you're able to "notch it up" as a mistake, I'd suggest it is worth taking on the fight.

 

Can you get in contact with your landlord again to sort this out?

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Thanks Steve, i appreciate you taking the time to reply to me.

 

I agree with what you've said, when you break it down the the plain English essence of the sentence I can't see how the agent has concluded 8+2.

 

I can get in contact with both the landlord and the letting agent to come to a resolution.

 

Do you know if i employ the services of a property solicitor and they confirm that its a 6+2 month break clause whether that would conclude the issue or would that simply serve as the basis to a court case?

 

Thanks

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If they push all the way, only a judge can decide.

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