Jump to content


  • Tweets

  • Posts

    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5172 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

So far as I know there is no such thing as being able to "register" an address. Some landlords too clever for their own good think that if they have all their post sent to a property they rent out it will stop them having to pay capital gains tax on a sale. If for some legal purpose you need to be permanently residing somewhere then pretending will not do.

Link to post
Share on other sites

Hi all, just a real quick question i need answering...

 

Can a landlord own a property and be "registered as living at the property" although they have no intention of living in it and are living elsewhere...?

(Does that make sense to anyone..?) :confused:

 

As Aequitas said, there is no such thing as registered address.

 

However, this depends on the context of the query.

 

Who has the landlord stated that he is living in the property to, and for what purpose?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Right, i'll try to explain...

 

We tried the land registry to see where the landlord of the house next door lived due to constant anti-social behaviour, (we contacted local council and they would not do much, we kept records of details etc, and did everything "by the book")

 

When we pulled up the details it showed that the landlord was living at the address next door, we knew they had no intention of living at the property and live in a town 20 or so miles away, so contacting them about the neighbours has been very difficult to say the least.

 

I was just wondering how we could find out the address of the landlord so i could complain in writing to them, even though i presume all mail addressed to them goes to the house next door..?

Link to post
Share on other sites

That is very standard to be honest.

 

I cant see any other way of tracing them...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Thanks Mr Shed for the reply. Although not what i wanted to see but it is an answer, (thanks! hee hee) anyways, we are finding it very hard to contact them due to the constant ASB, i did see them a while ago and let them know that if i had troubles with the neighbours again i would be calling "them" as i presume they are responsible for their tenants?

Link to post
Share on other sites

Oh just to note, since i told them i would contact them personally they have changed their mobile number so i can't let them hear the constant boom boom of the music player at silly hours of the morning i have been recording on my lil' old mobile phone

Link to post
Share on other sites

They arent really responsible from a noise perspective to be honest.

 

This should be dealt with via Environmental Health...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Well the noise is just one of the problems we are facing, there are numerous others including drain pipe problems, fencing issues and right of way issues also...sadly the list does go on and on....

Link to post
Share on other sites

If the call is at 3am every day for a month then probably :) .

 

I always welcomed calls from neighbours, as it made keeping an eye on properties / tenants / squatters a little easier, sometimes.

 

But I take it the landlord gave you his number, perhaps, and that there is a reasonable, sensible purpose to call the landlord?

Edited by NewSAHD
retyped

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

Thanks "New" for the reply.

 

Well that is what we had thought, the landlord has owned the property for a number of years now and we were quite friendly with them, the previous tenants moved out and we watched the property for a year as they could not find tenants. We called them up on occasion to let them know the post was building up, grass was quite long and that the down dipe needed fixing on their side. All went well...

Until they found new tenants for the property, the 1st day we heard boom boom music and it went on for quite some time, amongst other things it was plain to see the new tenants had no regard to either their neighbours or the landlord. It accumilated in our 1st ever call to the Police with regards to the behaviour.

I called the landlord up twice to let them know that i had done so and that i feel that they should be informed of what i had done and the nusiance the new neighbours.

I then receive a call from the landlord telling me if i call him again that he will report me to the police himself for harrassment!

 

I was under the impression that a landlord is partially responsible for their tenants and possibly their actions...?

Link to post
Share on other sites

On the whole, landlords are not responsible for any legal nuisance created by their tenants. The exceptions are if the landlord actively encourages the nuisance or lets the property for a purpose which will of necessity involve nuisance. I should mention that a recent case, the facts of which are not clear, does though suggest that there comes a point where the landlord must take action.

 

Your remedy is to take the matter up with the local authority.

 

If you simply informed the landlord of the matter and did so in a civilised manner I cannot see how that can amount to harassment.

Link to post
Share on other sites

Hi thanks for all your repies, i have made several logs of the nuisance caused by the neighbours in which i will be sending to the local authorities, i have a crime reference number also, in which the landlord is not at all interested in.

 

I called only twice to let him know of the situation and when he called back i got a very abusive and agressive return call from him. (this is the thanks i get for looking after his house for a whole year as well!)

 

With regards to the post about landlords taking action, i have a recorded message (and the landlord was told prior to me recording) in which he states he "does not want to know what the tenants are doing" and that if i "call him again he will call the police about me for harasssing him".

 

I really do not want to take things into my own hands, but i doubt he will like it if i turned up at his house every time there is an incident regarding his tenants!

 

As for your last sentance Super, i have only called 2 times and he accuses me of harrssment. Sadly he does not have to live in the house next door to the people he is renting the house to, and i doubt that he would.

Link to post
Share on other sites

Likewise for me with my landlord everything has to be written down dates, times and what it was that he was doing.

I am not surprised anymore by the way people disrespect each other to be honest but it is not nice to be accuses of something which is in anyway shape or form a classification of harassment. After all you were doing him a favour and now he ignores anything you have to say.

I would contact your local council or the citizen advice bureaux to seek further help on this matter.

Link to post
Share on other sites

Well that is our next plan of action, if he chooses to ignore us i am sure he will think twice when he received letters from the local council and police regaqrding his nuisnace tenants!

 

I might even throw the harrassment card on him with regards to the abusive phone call i received from him yesterday, see how that pans out.

 

After all i want to live in peace and for the last 9 years i have not been able to do so and we have just sat back and sucked it up, but over the last few months it has become unbearable, i do not like causing problems, but if they won't even address a situation what am i to do?

Link to post
Share on other sites

I totally agree with you about living in peace and this is something that my landlord does not do at all. Keep all the records you have as you may want to take him to court....the police will do nothing unless he harms you.

Unfortunately the police see this as a civil matter and will not help unless he was to physically do you harm.

I do not like problems either but there are some people who make matters worse for themselves by being constant harassers and bullies.

Who will not address a situation?

Link to post
Share on other sites

To clarify Tenants, we are local council tenants, the landlord owns the house next door and subsequently letting it out, i have been firm and fair with the landlord stating i will not accept or tolerate nusiance behaviour from his tenants, but he seems to be not at all interested with what is going on in his own property. I have informed him that the local police and council have been informed and he is "trying" to scare me off with using this "if i call again i will sue for harassment" nonsense.

Link to post
Share on other sites

What are the issues? Is it "just" noise?

 

There are some instances where the landlord is obliged to deal with complaints - one example, and it is a bit extreme, is where the tenant is thought to be operating a knocking shop.

 

(I would add that I only know about this from my experience as an Agent, having had to deal with this problem on a couple of occasions :eek:!)

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

Hi again NEW, sadly noise is just one of many issues we are facing, lets just say, doggy poop being thrown into our garden along with general rubbish, footballs, cigarette butts, pretty much anything you can imagine just to upset us and the real sad thing is the new tenants haven't been in for 4 months yet but when i called the landlord he just simply was not interested and threatened me over the phone with the whole "harrassment" issue, but was quite willing for me to look after his house for him whilst he found new tenants! Nice huh?

Link to post
Share on other sites

That's...just...grim :mad:

 

I'm sure I'm turning in to a Daily Mail reader (no offence to Daily Mail readers), but what's wrong with people nowadays?

 

Can't quite believe what I'm thinking - put it down to being out too long in the sun today with the kids :) - but I'd even go so far to consider having a hidden camcorder discretely filming the gardens 24/7, front and back, from an upper window - if money will allow.

 

As for the Landlord, what an ungrateful... person.

 

Again, personally would draft him a letter setting out your concerns - and copy it to Environmental Health, local Community Police Officers and so on. Do it in such a way that anyone reading the letter some months from now will think 'reasonable chap' and not 'curtain twitcher'.

 

Not that I'm suggesting you are the latter. I hope it's clear that I would not be posting a message to you if I didn't feel for the horrible situation you currently find yourself in.

 

I'm more than happy to help you draft it too ;), just let us know.

 

PM me if you prefer. Anything you mention in PM's will only be used to help you and I undertake not to release any information without your prior consent.

 

My experience of CPO's has been mixed, but one particular Sgt and two of his PC's were superb in helping discuss and tackle antisocial / "unneighbourly" issues on a difficult, large-ish managed site not so long ago.

 

Life is too short to worry about these idiots (landlord and tenant alike), so, for whatever it is worth, don't let them get you down. On the other hand, life is too short not to worry about these idiots too, so maybe some well placed righteous indignation is what's needed?

 

Above all, keep it sensible, safe and discrete though - nothing rash - and document it in such a way that it doesn't have to take up too much time or worry either. They're just not worth the bother.

 

Most of the time I try to advocate a pragmatic approach, so may well come back and heavily edit/remove this message ;).

 

For the time being please accept it in the spirit it was ended though!

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

Quick question, is it classed as harrassment to the landlord if i call them with regards to their tenants who live next door?

 

 

Sounds like you LL only intrested in one thing £££££££££

 

 

Have a read of this What Constitutes Noise Pollution? - Problem Neighbours (UK) keep a record of all the noises they are making

 

Contact your local council Environmental Health Department for adivce,in extreme cases they can get a court order and confiscate,stereo's pc's and so on from Neighbours from Hell?

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...