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    • This is on behalf of my brother in law, a plumber.    He is currently taking his ex employer to tribunal (after they reduced his wages without telling him, and change of contract over hours). As such he left the company and started working privately.   His ex-employer found out that he was using the same plumbers merchants as them and somehow persuaded them to provide them with copies of his invoices (that he has made himself since leaving). We assume they were trying to find evidence that he was 'stealing customers'.  He only found this out after the ex-employees solicitors sent a photo of these invoices to him as part of the bundle! (they took a photograph of the invoices on the plumbing merchants desk (the photo itself also had the date and time on it!)   I am automatically assuming that the plumbers merchant in question is in breach of the data protection act,  I am also assuming, but would like clarity that the ex-employer is also in breach, not sure if the solicitor is also as they were not aware of how it was obtained, although it has since been pointed out to them.  I should also add that I am not 100% sure if the customers details were on the invoice ( as they would have been delivered to their location).   It should also be noted that he also requested a Subject Access Request (in order help track his time sheets for the last year (they were not given duplicates)| and to find out how/ who  authorised the change to his salary).  The Ex-employer stated he was  unable to supply this in the standard time period and also missed the extended three month period, and I believe a complaint was made under GDPR about this, don't think anything was done though).   Any thoughts on this.  
    • Ok my managers know of my asthma. Though never had an asthma attack at work like that. Asthma has got worse - probably had covid a few days before 1st lockdown. No test centres for 40 plus miles at the time.    I have messaged my union rep - also an employee at the store. She is going to put this as a incident and look at any risk assessments done. Plus asked for colleagues that witnessed/helped me during the attack to get their side of the story. As  I was in shock and not fully understanding what was going on.   The refit has been a bit of a shambles imo. No clear plans so literally some rooms needed to be emptied immediately when contractors were told they are there to do the floor, paint the walls etc.  We were told to empty lockers. Then they were taken away with no replacement. Staff not happy with leaving personal stuff in offices. 
    • The country's inability to export its grain has led to food prices rising around the world.View the full article
    • Lots of uncertainties about whether to contact Horizon for an sar or Tesco.    My suggestion to contact Tesco was after finding out if the original PCN was non compliant.  Most of the ones I have checked in the past have been for several different reasons. That means that the liability for the alleged debt cannot be transferred to the keeper.   Once it is confirmed that the PCN is non compliant the OP can write to Tesco as the keeper pointing out that as the keeper he has no responsibility for the debt and has been denied the facility of appealing to POPLA because of the NTK not being received  at all. POPLA may well have cancelled on appeal because of no keeper liability.    In addition  the stoppage in the car park was for less than the consideration period. The keeper could then add if it was true, that the driver was an infrequent patron of this particular car park and the keeper will ensure that a similar occurrence does not happen in the future.   One could point out that if the camera operator had thought that they had not observed any children in the car, from the Court's point of view they would have expected the operator to have attempted to mitigate the situation by explaining to the driver that they should either move the car to avoid a ticket or explain where the children were [ref. Jopson v Homeguard].   Then perhaps it could have  been explained that the wife and children were dropped off at the entrance or the children and their mother were already in the store and the driver was there to collect them.   [They should also have issued a windscreen ticket since they were in the vicinity but of course that would have meant that they would have had to wait several weeks longer to be paid. It is a practice frowned upon but overused by greedy  car parking companies].   The above paragraph obviates the need to  admit parking wrongly and suggesting possible  reasons for parking there without admitting that either scenario actually happened.      
    • Hey everyone I rented some rackspace from a company on a month to month contract but the customer support has been quite poor of late, my services went offline a few times and they advised my servers had gone over the allowed power limit on my account and required an upgrade which I agreed to but I had enough of the reply times taking hours, never any answer on the phones when I needed support I requested to cancel my services on the renewal date, they advise in their terms of service that if there is a open invoice this must be paid before they will allow collection of your hardware and if not paid within a set time the hardware becomes theirs and can be sold off, reused by them ect I have noticed in their terms of service that it does not state at any point the amount of time before the due date the new invoice will be created which I feel should be a important part of any contract on a monthly billing they will pre advise you of the amount of time before the payment is due when they will invoice you   I was also meant to receive IPv6 addresses as part of my package but never had these although I had requested these many times they advised they were not available but are mentioned as part of my overall package on my invoices     They are asking for nearly £700 payment before they will even discuss allowing anyone to collect my hardware (worth about £5000 in total) and if I do not pay this within a set time they will take ownership of all my servers and use or sell them   Thanks   Update I had advised them I will be hiring a man and van service to collect my hardware, they have suddenly advised that I cannot do this and must use a certain type of company who specialist in server transport. I do not feel this is fair as it is my hardware, fully owned and paid for my me but start trying to set out new rules that have never been made aware of until today after making my request to cancel.  
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Landlord keeping my possession


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I've recently moved out of a rented house but the landlord has kept some of my possessions and won't return them.

 

I was made redundant from work and fell behind with the rent. As a result the landlord gave me 2 months to move out. On the day that I moved I'd collected the majority of my belongings but didn't have time to finish the job. I returned the next day to collect the remaining items - a box of personal documents, a box of jewellery and a cooker. However when I arrived at the property the landlord had changed the locks.

 

I text him to ask if I could get the last few items and he text back asking when I was paying him the money that I owed him. I told him that as soon as I had it I would give it to him. He never replied. I once again text him the next day and he text the same question about the money owed. Every time I text him over the next week he just repeated the same question. Now he is completely ignoring my texts and won't answer my calls.

 

I've told him that I need to get my personal documents in order to get a new job - the sooner I do, the sooner I can pay him - but he still ignores me. I have had to cancel 2 job interviews because he won't let me get my things which include my birth certificate and my NVQ certificates, both of which I need to produce at interview.

 

My question is this: can a landlord keep hold of my personal possessions until I pay him any money that I owe him?

 

If he'd let me get my documents I'd be able to get a job and pay him quicker, but he doesn't seem to realise this. I'd really appreciate any advice you can offer.

 

Thanks.

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You left personal possession at the property, persumably without permission and after your contract at ended? - so firstly your in the wrong.

 

The LL as subsequently kept the property as a bargin chip for rent owed. I sympathise with his position, but again he is in the wrong.

 

What can you do about it? - well the most obvious answer is pay what is owed! Again I can sympathise with his position, what certainty has he got that you will pay what you owe once you find a job?

 

The less easy answer is to take some kind of legal action:

 

- I would assume its theft? make a police report? - I suspect they will be less than inerested.

 

- Take civil action through the small claims court is the second option.

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Thanks for the reply.

 

The contract hadn't ended, he changed the locks before the 2 months were up. I contacted the police but they said it was a civil matter.

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A landlord cannot by law withhold another’s personal belongings in lieu of any monies owed and you can take him to court and be awarded substantial damages.

 

Cashmere v. Walsh, Downing and Veale the tenant, amongst other damages, was awarded £6,515 for the landlord failing to return the goods in question.

 

The Torts (Interference with Goods) Act 1977

 

Warn him that if he doesn't release your goods within 24 hours, you will issue a summons.

 

It is a civil matter so the police won't be interested.

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Thanks for the reply.

 

The contract hadn't ended, he changed the locks before the 2 months were up. I contacted the police but they said it was a civil matter.

 

Illegal eviction is a crimnal offence. You should return to the police and make a statement.

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A landlord cannot by law withhold another’s personal belongings in lieu of any monies owed and you can take him to court and be awarded substantial damages.

 

Cashmere v. Walsh, Downing and Veale the tenant, amongst other damages, was awarded £6,515 for the landlord failing to return the goods in question.

 

The Torts (Interference with Goods) Act 1977

 

Warn him that if he doesn't release your goods within 24 hours, you will issue a summons.

 

It is a civil matter so the police won't be interested.

 

Is this done via the county court?

 

Thanks for the advice, both of you. Big help.

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Not to start with, just send him a letter quoting the Interference with goods act and tel him you will be at the house so and so time to collect you goods.

 

If he refuses still, then you issue a court summons.

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