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    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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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