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    • 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 basically 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 evolvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Apon 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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    • 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
       
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      they said the dispute had been closed but Evans at no point had attempted a refund.
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      I’ve also contacted their customer service too
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       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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Ok, I am here to ask for some advice in respect of the current property that I rent.

 

In August 2008 I signed an 6 month AST with my partner to rent a flat, I handed them my deposit which was placed in a TDS. After the 6 month where up we continued the tenancy without signing any other documentation. There where no problems up to March 2010 when I recieved notification that my deposit was no longer protected under the TDS and then two weeks later the Landlords Agents went Bankrupt, I was informed to cease paying rent to the agents and to await further information. In May 2010 I called and had a phone conversation with another Agency who where contacting the respective Landlords to find out their intentions. Up until July 2010 I called the Agency every two to three weeks for an update to which they had none.

 

In July 2010 the Agency I was in contact with then emailed me to say that they where acting on behalf of my Landlord. I asked them for confirmation in writing to which they sent me a email with no even a company logo upon it, I also asked if the Landlord could notify me in writing and then I would be happy to pay and make arrangements to pay the arrears as I am a student and not exactly flush with cash. This was sent in writing on the 11 July 2010.

 

I did not hear anything back and was in the process of writing to them again on the 13 Sept 2010 when i had a phone call from them, to which I explained I have had no notification from the Landlord, no letter from them, and no reply to my letter of the 11 July 2010. At this point the Branch Manager became irrate with me and called me a Liar in that I had not sent a letter, and not paying etc and acted wholly unprofessional. I informed her that I would not accept this and to contact me in writing from now on. They then proceeded to ring my phone twenty time in one day, yet I refused to answer as I am unwilling to listen to people insult me over the phone.

 

They then forward me a letter via email saying they are in contact with the Landlord and unless I pay they will serve notice upon me.

 

My questions are as follows:

 

1. Since the deposit was removed from the TDS, should it have been moved into another if the new agents are acting on behalf of the Landlord?

2. As the deposit was not placed in a TDS by the new Agents are they in breach of the rules and regs and therefore mean they cannot serve a Sec 21 notice.

2. What is my position in respect that the Landlord has not notified me in writing that the new agrency is acting on their behalf.

3. Is there a means of bringing a complaint against the new agency through the National Association of Estate Agents who the person I have been dealing with is a member.

4. What is the my legal position if they continue to harass me with constant telephone calls.

 

 

I understand that I have to pay my rent and I am happy to come to an amicable arrangement with them, however, I feel that I need to protect my interests first.

 

Many Thanks in Advance

 

 

Bav3333

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I also forgot to mention, that with this property though a new build I have had a number of problems with it. There is a major mold issue in the bathroom, the shower was not sealed allowing water to leak onto the paint and causing damage and the tiles falling off from the shower wall where they again where not grouted properly. What is my position in respect of the repairs considering the above post.

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1. Since the deposit was removed from the TDS, should it have been moved into another if the new agents are acting on behalf of the Landlord?

2. As the deposit was not placed in a TDS by the new Agents are they in breach of the rules and regs and therefore mean they cannot serve a Sec 21 notice.

2. What is my position in respect that the Landlord has not notified me in writing that the new agrency is acting on their behalf.

3. Is there a means of bringing a complaint against the new agency through the National Association of Estate Agents who the person I have been dealing with is a member.

4. What is the my legal position if they continue to harass me with constant telephone callslink3.gif.

 

1) Yes;

2) Yes they are in breach and cannot serve a s.21 until the breach is rectified. If you are 2 months in arrears then they can still serve s.8;

3) The requirement is that you have details of where to serve notices. Do you have details of where to serve notices and is it still valid?

4) Limited to nothing.

 

You need to insist that your deposit is protected and make arrangements to pay the arrears. Make sure you do it all in writing

 

Have you reported the bathroom problems in wiritng in order for them to be recitifed?

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I have been unable to contact the Landlord as they are out of the country most of the year, and have no contact details. I am willing to make arrangements to pay the arrears and told them I will only correspond in writing.

 

As I have no details of the Landlord of where to serve notices I have been unable to inform them of the tiles i the shwer, however, the previous agency where aware of the other issues.

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Hmmmm half a dozen of one and six of the other I think?

 

I can see no reason why you didnt report the bathrrom issue to the new agents in July;

 

I can see no reason why you havent made rent payments from July onwards to the new agents (at the very least you should have put them aside for when they are required);

 

I can see no reason why you havent made arrangements to pay March, April, May and Junes rent (at the very least you should have put them aside for when they are required).

 

Sorry if I have missed anything but you dont appear to be in a particular strong position. You where informed by the agents that they where acting for your LL. The LL is under no obligation to inform you of that himself.

 

You are in serious breach of your Tenancy Agreement and are likley to face eviction if you dont resolve it ASAP.

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A. the shower did not happen until the beginning of this month.

B. I do have the rent for July onwards however, considering this company came out of the blue and said we act for your lanlord via an email sent off a blackberry, well in my opnion that just doesn't cut it.

C. In regards to the rest of the rent I had no where to send any money and considering I earn a sum total of £380 to live on whilst completing my nursing degree and rent is £385 a month I don't exactly have money to put aside.

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What is the address on the tenancy agreement? Presumably that of the old agent?

 

Planner, unfortunately on this occassion I feel your advice is incorrect - the OP is in a VERY strong position to withhold rent. Lack of serving of Section 20 to change contact details anyone?

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!!

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Lack of serving of Section 20 to change contact details anyone?

 

Could you expand a little more Mrshed?

 

To me this thread simply reads as someone looking for an excuse not to pay rent, found a vague one, then went on a merry spending spree rather than putting it aside for when it would be due.

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I can indeed Planner.

 

The landlord doesnt live in the country. As such, the tenancy agreement MUST specifiy an agent address in England and Wales.

 

If the E+W address changes, which it obviously has, then the tenant must receive a formal Section 20 notice of this change of address/agent details. If such notice is not received, no rent is legally due, nor is any eviction possible.

 

Mroeover, away from the legal aspect, theres no way on earth I would pay my rent to a company that approached me without confirmation from the landlord themselves.

 

However, if I missed the point here where the tenant has spent the rent - BAD move, agreed. The rent should have been placed in a seperate account. That doesnt change the fact that at this stage no rent is legally due.

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!!

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A. the shower did not happen until the beginning of this month. You said the shower isnt sealed? Was it sealed and suddenly became unsealed? Are you saying that within two weeks of being spontenously unsealed its wreaked the bathroom? I cant reconcile your statements of 'it only happened at the beginning of this month' and 'the previous agents (March) where aware of the problem?' You seriously need to get your story straight if this goes to small claims a judge will pull you apart.

B. I do have the rent for July onwards however, considering this company came out of the blue and said we act for your lanlord via an email sent off a blackberry, well in my opnion that just doesn't cut it. Why are you talking to them at all then? What communication are you expecting? What are you going to do once its recieved if you now cant pay what you owe?

C. In regards to the rest of the rent I had no where to send any money and considering I earn a sum total of £380 to live on whilst completing my nursing degree and rent is £385 a month I don't exactly have money to put aside. Then you cant afford the place can you? How would you have paid the rent if there wasnt any problems? If you only earn £380 and the rents £385 how have you saved rent money for July onwards? Again you need to get your story straight.

 

I think there is a lot more than meets the eye hear. If your not honest we cant really help. The rent is due/will be due eventually. You need to make suitable arrangements to pay it. If your served notice by the LA what will your defence be to the judge? If you dont have anything more than 'well in my opnion that just doesn't cut it' then I think another party (wearing a white wig) might have a similar view of your excuses.

 

Tell us the full story and we can help and advise further.

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Agreed certainly regarding "C".

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!!

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I can indeed Planner.

 

The landlord doesnt live in the country. As such, the tenancy agreement MUST specifiy an agent address in England and Wales.

 

If the E+W address changes, which it obviously has, then the tenant must receive a formal Section 20 notice of this change of address/agent details. If such notice is not received, no rent is legally due, nor is any eviction possible.

 

Mroeover, away from the legal aspect, theres no way on earth I would pay my rent to a company that approached me without confirmation from the landlord themselves.

 

However, if I missed the point here where the tenant has spent the rent - BAD move, agreed. The rent should have been placed in a seperate account. That doesnt change the fact that at this stage no rent is legally due.

 

Nicley explained Mrshed. So on recipt of the S20, section 8 eviction can take place and ALL outstanding rent becomes due. I take it theres no rocket science involved in sending a s.20 and one could appear on the o/ps doormat tommorrow.

 

Something just doesnt add up with this story.

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You are dead right in what you say Planner.

 

But if we take this at face value (ignoring certain inconsistencies) I

Personally would very much wait until the s20 arrived, as otherwise I would have no legal basis upon which to base the agent.

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!!

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