Jump to content


  • Tweets

  • Posts

    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Exit inventory checkout: does the tenant have to be present?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4947 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am a tenant in the process of moving out of a rented house. The estate agent have proposed to have an appointment in their office to hand over the keys, bills etc. After that, it seems they will carry the exit inventory check themselves at a later date, without me being present. And that seems to be their standard way of doing things. I thought it would be fair (and maybe by law?) that landlord/his estate agent and tenant would be present together to go through the inventory, to then have a fair overview of things. At least that is what happened in my previous rented accomodations. Aren't estate agents forced by law to set up the exit inventory checkout with the tenant being present?

Link to post
Share on other sites

No they arent.

 

In fact, it is standard practice NOT to.

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!!

Link to post
Share on other sites

This is how I used to do it. On receipt of termination of tenancy I would arrange an inspection quickly, with the tenant present, in order to discuss what needed to be done to avoid high bills afterwards. This would be agreed and signed then and there. On vacation if they haven;t done as asked they can pay for it, if they have, good job all round.

 

All tenants, before you move your personal effects into a property, take a good look around it on your own and in your own time. Make notes and take photo's (digital camera which dates pictures ). Make yourself a little file to keep everything in. Always note when you have asked for repairs, if possible taking pictures. Never alter or decorate anything until you have permission in writing. On exit, do just the same, empty out property, then go round on your own with a fine toothcomb taking pictures for your file once again.

 

That way, if you have the need to argue a point or two, you have plenty of evidence.

Link to post
Share on other sites

The point, though, is that the exit inventory should be gone through with agency and tenant together, especially when the inventory is 30 pages, with add ons made by me when I moved in, since the inventory, despite the 30 pages, did not cover everything.

 

Who is 100% sure that the agent will go through every detail, especially my add ons, if I am not there when they check. It would be also an easy way of avoiding disputes later on, and unnecessary delays, if I was there as well. Also because some little things need a background knowledge of events, which the clerk or the agency might not know...

Link to post
Share on other sites

The point, though, is that the exit inventory should be gone through with agency and tenant together, especially when the inventory is 30 pages, with add ons made by me when I moved in, since the inventory, despite the 30 pages, did not cover everything.

 

Who is 100% sure that the agent will go through every detail, especially my add ons, if I am not there when they check. It would be also an easy way of avoiding disputes later on, and unnecessary delays, if I was there as well. Also because some little things need a background knowledge of events, which the clerk or the agency might not know...

 

OK lets clarify from two perspectives.

 

1) Legally, there is ZERO obligation for this. Right or wrong doesnt come into it.

2) It is common practice for a reason. The reason is that ultimately a lot of the time comparison of initial condition to final condition is subjective. As such, should the landlord find there to be any dilapidations, it is likely that the entire process will descend into a farce, with tenant disagreeing with them. As such, most agents/landlords will perform the check out subsequent to the departure of the tenant and then any disputes can be discussed in a proper fashion.

3) It also has another issue. There is no point in a full check out prior to termination of the tenancy, but the tenant has no right to be in the property following termination of the tenancy.

 

For the record, I also perform JaWs form of check out as this is a happy medium.

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!!

Link to post
Share on other sites

I would want to be there when they did the check in order to avoid unnecessary charges being added. A long tiem ago I learnt never to trust estate agenst as most of them seem to lie through their back teeth in order to rip you off!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...