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    • dx100uk   do you think it might help if the OP went back to the dealer and argued the point about the dealer having to pay the vehicle recovery costs (in the event of a cancellation and no pre-contract info) by quoting to them the Motor Trade Ombudsman's view on the question from post #25?   I mean, the motor trade ombudsman is not generally well-known for being on the consumer's side, and yet there they are spelling out the OP's argument for her!   This could be backed up by (1) reiterating that the advertised mileage does not agree with the MOT history - at least I think that's the case; I haven't quite got my head round it yet, and (2) pointing out that the "sold for spares" bit is simply untrue.  She could wind up by suggesting that she thinks any ADR or court would find in her favour on all three of these points and ask if he wants to reconsider his position.   See if that shifts the dealer any further.   Assuming he won't move, then either go for ADR (is this binding and who does it?) as a first step or continue with legal claim.   Only contra-indications I see:  (1) I think the distance selling/extended cancellation argument is very unusual with a used car purchase and have no idea if it's likely to be successful.  BUT Advice Direct Scotland and Aberdeen TS seem to think it's possible(?) and so does the Motor Trade Ombudsman - so who knows.   (2) BankFodder did suggest several pages back that if the OP got the purchase price back that might be a result, but that would mean either writing off two sets of transportation fees or arguing separately about them.    
    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any involvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Upon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

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Hi all!

I am the new landlady, just few weeks before have rented out my first house. The agreement I have signed with the tenants is AST agreement. In the agreement I stated that the landlady (me) is responsible for all bills including Council Tax. This is easier for me as I will be sure that all the bills are paid in full and on time and there are no debts on my property address. But when I emailed to the Council to inform them of my tenants names, moving in/out dates the Council said that they will open new account onto the tenants name and they will have to pay the Council Tax. My question is - do I (the landlady and the owner) have the rights to pay the Council Tax myself from my bank account?

P.S. The property is let as a whole, me (the landlady) not living in the property.

 

Does anyone know for sure what my rights are in this situation?

 

Thanks!

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Anyone can pay the council tax for anybody.

 

I know this because recently there was a local pensioner around here who refused to pay the council tax. But someone paid it before she went to prison. She was *really* annoyed that someone had paid it for her without her permission.

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What benifit was there in informing the council that tenants had moved in?

 

The problem with having an account in your tenants name and you paying is, you have no right to claim any over payments and the tenants have every right to claim back your money as an overpayment should they decide to do a moonlight flick.

 

I would ring the council back and tell them its fallen through and you arent moving.

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What benifit was there in informing the council that tenants had moved in?

 

The problem with having an account in your tenants name and you paying is, you have no right to claim any over payments and the tenants have every right to claim back your money as an overpayment should they decide to do a moonlight flick.

 

I would ring the council back and tell them its fallen through and you arent moving.

 

there was no benefit for me personally but as far as i know this is legal requirement to tell the truth to the council ))) my main residence is at different address now, i had to tell the council i moved out. And my tenants have all the rights to stay legally at the property they rent from me. This is why I told the council about changes.

I am just not sure if i could show the council tax payments (which is in the name of tenants) as my legal expenses to reduce the income tax... And the rent amount in the AST agreement was inclusive of council tax but now it appears that my tenants have to pay it separately.

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I don't see why you can't continue to offset the payments against your tax bill. Keep copies of the bills and the contract as evidence in the unlikely event you get checked out by the tax man.

 

Less unlikely than a moonlight flit would be the tenants becoming entitled to a reduction in council tax as part of their benefits and not informing you. Ring the council and ask them what their policy is with regard to them possibly sending you the bills (even while keeping your tenants responsible for the bills).

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there was no benefit for me personally but as far as i know this is legal requirement to tell the truth to the council )))

 

There would be no untruth in registering yourself at your new address AND still paying the council tax at the old address.

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"I would ring the council back and tell them its fallen through and you arent moving," was clearly encouraging Ilonkapay to tell an untruth.

 

She can certainly claim any legitimate expenses against income for tax purposes If the tenancy agreement says that LL pays council tax, then that is a legitimate expense.

 

It's also verging on the insane in my view. The LL has no duty to pay CT if there are tenants, so why do it when your tenants may not pay you? Moreover, what if CT rises by 10% next year (whatever PM Camelrun says)? Does the tenancy agreement say that you can increase the rent by that much?

 

This job is difficult enough without inviting trouble.

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"I would ring the council back and tell them its fallen through and you arent moving," was clearly encouraging Ilonkapay to tell an untruth.

 

She can certainly claim any legitimate expenses against income for tax purposes If the tenancy agreement says that LL pays council tax, then that is a legitimate expense.

 

It's also verging on the insane in my view. The LL has no duty to pay CT if there are tenants, so why do it when your tenants may not pay you? Moreover, what if CT rises by 10% next year (whatever PM Camelrun says)? Does the tenancy agreement say that you can increase the rent by that much?

 

This job is difficult enough without inviting trouble.

 

Thanks for reply! yes, the agreement says that LL is responsible for all the bills including CT. As far as i heard CT is frozen for the next 3 years?!!! And there will be no increase. Or am I wrong? Anyway I should not have any problems with my tenants because I know them from my previous place of work. They are not "troubles" )))))) However the time will show the truth ))

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There is no obligation for you to give the name of the tenants living at the address. If you have said in the AST that you are responsible for the bills - then you are. You just register with the council as the owner of the property and pay the council tax. How do you intend to ensure that you get the cash from the tenants- or are you including the bills in the rent?

 

As a landlord, I have to say I think you have made a mistake here. Your tenants should be responsible for all bills - the contract is then between the utility (or the council, for council tax) and the tenant - and is nothing to do with you. You will see threads where the electricity or gas company etc. try to get the landlord to pay for bills left unpaid by tenants - but this a try-on - the contract is between the utility and the tenant, and as such is nothing to do with the landlord. Your tenants now have no incentive to be careful with their use of gas, electricity, water etc.

 

Many people still think that a property is credit checked - this is not the case - it is the person who is credit checked so the idea that a property can be "black-listed" is totally out of date.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Ilonkapav: As you say, you are a new landlady. I just hope that your trust in your tenants proves correct. My experience over the past three years has made me very cynical about tenants.

 

I have previously had dealings with all sorts of people - including criminals and even gangsters and murderers - but that had not prepared me for the lying and cheating that I have encountered from apparently decent tenants. Be decent and helpful to people who are in difficulties, let them run up arrears that they promise to catch up on, and they do a moonlight flit, leaving you without money or remedy. That's not just once, not just the unemployed.

 

The councils have to pay Local Housing Allowance to tenants in most cases, but don't care a hoot if the tenants don't pay the landlord - and many of them think that paying the rent is a pretty low priority - "I had to pay the catalogue people" I was told only last week.

 

I very strongly advise you that at the six month point - assuming they are still there - you draw up a new AST agreement that makes them responsible for CT and all utilities. Then make sure that the council and utility companies transfer the accounts to the tenants. You really have opened yourself up to great financial danger.

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