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    • Just another example of how Enforcement helps not to clear debt by increasing it.
    • Firstly, you don't need to worry about the so-called "six-month rule". The consumer rights act simply complements the existing law contract. It adds to it, it clarifies it – but it doesn't take anything away from it. Not only that, even within the consumer rights act, the most important provision is that the goods you buy are of satisfactory quality and that they conform to their description. If you have bought a vehicle expecting it to be low mileage – only 17,000 and in fact the mileage turns out to be double – 34,000, then I would say that it is not of satisfactory quality. Also, it doesn't conform to its description. It is impossible that this vehicle could be repaired in order to return it to its expected satisfactory condition because you can't undo the mileage don't wear and tear. Furthermore it doesn't conform to its description and nobody will be able to undo that either. On that basis it seems to me that this is what is known as a fundamental breach of contract – which is a breach so serious that it essentially undermines the purpose of the contract – and it amounts to a termination by the seller and it is up to you the innocent party to accept the termination and to consider that the contract is at an end. This then gives you the right to recover all of the losses which you have reasonably incurred as a result of the seller's breach of contract. You have bought this vehicle using finance – and I'm assuming that it is alone and under section 75 of the Consumer Credit Act, the finance company are fully liable to you in exactly the same way that the supplier is liable. In other words, their financial liability to you are mirror images of each other. You say that you are in "the process" of rejecting the car. I don't understand what process there is. You simply write to the supplier – copy it to the finance company – and tell them that the contract is at an end because they have breached it in a very serious way and you want to know what arrangements are being made for returning the car. I think that you should also point out that in the interim period you will be without a vehicle and that it would be in their interests to provide you with a loan vehicle until such time as you can source a replacement. Frankly, if you trust the supplier – and if the supplier behaves in a responsible way, this may be the time to negotiate a new vehicle from the supplier – and no doubt this time they will be far more careful about what they supply you. I think it will be worth pointing out to the supplier that if he will not provide you with a reasonable loan vehicle that you will incur costs in respect of a hire vehicle or some other arrangement and that you will look to them to reimburse you all of these expenses. Once again, you should send a copy of this to the finance company. Separately you should write directly to the finance company and put them on notice as well that the finance agreement is at an end because of the fundamental breach of their client. Because they are a finance company, don't expect them to be especially cooperative so I would tell them immediately that if there is any hint of a lack of cooperation that you will begin an immediate complaint to the FOS – but you may decide to proceed direct to a county court if you feel you have to. Have you contacted anybody about this? We could all be jumping the gun because maybe you haven't even brought it to the attention of the dealer and you don't know what the dealer's attitude is. In all letters, make sure that you copy the letters to the garage to the finance company and those to the finance company copy to the garage – so everybody knows the extent of the trouble you are making about this. Finally, why haven't you told us the name of the garage? Are you trying to protect them? What is the name of the finance company? Are you trying to protect them?
    • I have also read a few threads on CAG and also MSE and there is one conflic of opnions which does worry me a little which is the ignore or appeal...   Ignore until they get to a stage where I have to respond or appeal and not let any claim forms come throug the post and cause unnecesarry stress as my wife is the RK of the car.   I trust your judgement on here as your advice has always been clear and confident but i thoguht I would still ask at what point is ignoring these both, going to do us harm with a CCJ or something?   Thanks again   Gee
    • they only get one bite at the cherry    did you ring the court?   dx  
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pertinky

Martin & Co. Fees - Advice Needed

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Backdrop:

 

Partner had to relocate for job - found her a 2 bedroom apartment for her to move in to and put her as the sole tenant as I wasn't going to be moving with her until I found a new job. Didn't want her paying full council tax.

 

Found a new job and will be starting next month so will be moving in the weekend before the new job starts. I enquired with Martin & Co. about getting my name on the tenancy agreement and they've got back to me asking for £135 for the priviledge. I am shocked.

 

Question is if I don't do this, is my moving in illegal and what action could they take?

 

Thanks in advance.

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Much depends on whats written in the agreement.

£135 sounds a high price to pay for adding you there-you should ask them to substantiate this fee by way of breakdown.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Agree with Martin, have a look at girlfriends tenancy agreement.

£135 is steep, most agencies would only charge maybe £50 for this unless they are doing a full credit and reference check at the same time


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Trying to charge me £60 for reference check and £75 for the new agreement. I think its absolutely disgusting especially when there are a list of things they said theyd fix and they havent.

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Are you planning on being there longer than the initial fixed term?


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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Nope, it was only ever a short term solution until we settled into our new jobs and then find somewhere more convienient. 9 month tenancy starting in June (negotiated £25 off PCM if we stayed 9 months instead of 6). We are definitely moving in March.

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Well then, your girlfriend is entitled to have a "guest" for as long as she wants.

 

No need for you to be on the tenancy.

 

This action will undoubtedly lead to eviction, but not until expiry of the fixed term.


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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Great stuff. Is it a problem I changed all my mail to be sent there though? I didn't have anywhere else to send it when I moved from my last let in June. I've been living in a hotel near the office of my current job since and go back to *her* place for the weekends.

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Makes no difference whatsoever. :)


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 really despise how most people conduct business and treat customers. They've done nothing to fix the door and the washing machine will break eventually eventhough its just something stuck in the pump i wont touch it its fully managed. The first SNIFF at an opportunity to get a few more quid out of us and they reply almost instantly. Any previous correspondance has been extremely slow.

 

I know my partner will have immense problems when leaving. I suspect ridiculous professional cleaning charges eventhough shes probably the most cleanly person I know.

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Well you are clearly onto this already-so keep your cards close.:wink:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Deposit should have been protected - I assume it was - in which case ll/agent have to prove deductions are justified - was there a proper check-in and inventory done at the beginning of the tenancy (which your partner signed)? If not, damage cannot be proved.

 

Don't forget when you move in, do notify the council and pay the extra council tax. You need to be squeaky clean!!

 

By the way, I think Martin & Co are franchises.

 

Regarding unresolved maintenance - put all in a letter and send. The washing machine problem may be a dodgy one. Does it say on the tenancy agreement that repairs of appliances are the responsibility of the Landlord? Also - if as you say it is "just something stuck in the pump" this would be seen as tenant's fault and tenant would be expected to pay. (Even washing machine warranties exclude this particular problem and owners are liable for charges in respect of dealing with it).

 

The actual responsibility for reps and maint lies with the landlord. The agents may be having problems getting ll's agreement to necessary expenditure.


Kentish Lass

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

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I suspect if you move in then nothing much will happen. Maybe when it comes to renewal you will be asked to go through a credit check before they will add you to the agreement. Eviction seems unlikely unless the landlord does not want two people there (sounds unlikely).

 

As a landlord, the Martin & Co guy I have used before and would use again would on the one hand quite happily take money from me, but on the other hand is pragmatic and avoids making trouble (eg. not pushing the fact that I didn't give him the requisite 2 months' notice when I wanted to stop using him as my agent).

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Yup - I've confirmed the deposit is with a protection agency. We also went through an inventory and made a note of things I would call "damage", as well as added several additional artefacts to it in the first two weeks that we initially missed.

 

It's fully managed and it sets out that appliances are the responsibility of the agency not the landlord. I've actually spoke to the landlord and he has complained to them about their service quite recently regarding the non-action on their part.

 

We reported it the first time the washing machine was used so thats covered.

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