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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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      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.

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TDS Claim and LL counterclaim


Guest Alison82
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Guest Alison82

Hi can someone please explain to me what exactly is "Writ of Fi Fa" and how to do one.

 

I have an outstanding debt of approx £5100 from my ex-LL. He has no intention of paying. The third Party Debt order did not work as there was no money in the account.

 

Thanks

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Guest Alison82

Ok I need some help now, I am really annoyed with both of my ex-LL. I’ll briefly explain the situation.

 

LL 1

Me and my flatmates moved out in summer of 2007 after living there for 1 year. The TDS did not apply to our deposit. LL withheld the deposit for silly reason; we took him to court and won. He paid and that was that or so we thought.

 

LL2

Lots of bother with them, they just wanted to make money in the housing boom and didn’t have a clue about what a LL is. We took them to court for our deposit and won plus time 3. They owe us over 5k but they have just ignored us for the past year. (We have been dealing with LL 1 during this time, one at a time)

 

LL 1

During our 1st case, decided to change the name of the council tax from his name to ours out of retaliation fro taking him to court. Just won the case the other week and he has until today to pay up. This time he has decided not to pay.

 

So LL 1 owes us £1200 by today. LL 2 owes us 5k as of May 2009

We tried a Third Part Debt order for LL2 didn’t work they had no money in their account.

 

Want to try bailiffs to both of them but wondering if the amounts are too high to the court bailiffs to reclaim. As last resort we would be willing to do a Charging order followed by on Order of Sale.

 

And advice would be greatly appreciated.

Thanks in advance

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What about Attachment of Earnings?

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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  • 4 weeks later...
Guest Alison82

My partner and I are renting a property. The contact end date is 1st December 2010, after a conversation between the LL we decided not to renew the contact and move on elsewhere as it was out of our budget and that caused us to pay our rent late a few times. The LL said to my partner to think about it for a few days and get back to him on Friday, he also offered an alternative of taking £500 out of our deposit and spread it out over 5 months.

 

We decided to still leave and not to renew our contact. I told his assistant this on Wednesday (2 days before the deadline) as she emailed me. On the Monday the assistant emailed me again to ask what was happening, I told her that I gave her my answer on Wednesday, anyway my partner called the LL and the LL just had a go at him, talking about the late rent payments that has now been resolved.

 

The main thing is that the LL wanted us to give him 1 months written notice, as this conversation took place on 8th November he wants our leaving date to be 8th December 2010? Surely if the contract ends then it ends and no notice is required, isn’t that the whole point of a contract.

 

I hope he does not expect one week’s extra rent payment?!

 

Our deposit has not been protected, I did not bother too much about it as he was my partners ex client and he was a really nice man up until now.

 

What should I do?

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Your contract ends on 1st December. There is no requirement to give 1 months notice ig you are going to move out at the end of the contract.

 

If your deposit is one that should be protected - then it should be protected. Ask for it to be so.

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  • 4 weeks later...
Guest Alison82

Update:

 

Well surprise surprise the Landlord is refusing to give back our deposit, he told me to f****** get a solicitor so I just went ahead and filled the claim. Our deposit was £1500. His reasons being fingernails on the table (I don't understand this) dirty light switches messy kitchen floor, to be fair when we first moved in the decorators didn't seal the titling to the kitchen floor and it is a sandstone material which stains very easily, we did tell him about this in our first few weeks of living there but he didn't do anything about it.

 

There was no check in inventory list, but now the LL wants to get an' independent’ check out inventory clerk.

 

What crap luck I have rented 3 properties and all 3 landlords have kept my deposits!!!

 

One question, I read that if the landlord secures the deposit in a scheme before the court date he can get let off, is this true??

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Hi

 

Refer to the sticky entitled Unfair deposit deductions.

 

No inventory at the beginning means that he has got nothing to refer to for the checkout. I have been told by both a lettings agent and an inventory clerk that if the LL prepares their own inventory, as opposed to having it done professionally, they are in an extremely weak position and usually fail in their endeavours for any claims.

 

You told him about the issue with the floor and he has failed to address it.

 

Cheers

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  • 3 weeks later...
Guest Alison82

Update:

 

I have just heard back from the court and our claim has been stayed as the judge wants to know why the claim was issued as a part 8 (N208 form) instead of a part 7?

 

I'm not sure where I read this but I heard that you issue it as a part 8 as you are claiming 'something other than money' in this case compensation that is awarded? I have used the same foem for they same type of claim before and it was fine but at another court.

 

Cany anyone help, thanks

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Guest Alison82

I found the answer.

 

Types of claim in which Part 8 procedure may be followed

8.1

(1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may use the Part 8 procedure where –

(a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or

 

 

I Landlord and Tenants Claim

56.1 Scope and interpretation

(1) In this Section of this Part ‘landlord and tenant claim’ means a claim under –

(a) the Landlord and Tenant Act 1927 1;

(b) the Leasehold Property (Repairs) Act 1938 2;

© the Landlord and Tenant Act 1954 3;

(d) the Landlord and Tenant Act 1985 4;

(e) the Landlord and Tenant Act 1987 5; or

(f) section 214 of the Housing Act 2004 6.

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Sorry its not an answer to the question originally asked, but hope this might help. If you are unlucky enough to have this judge at any future hearing, I would strongly suggest putting on your nicest, sweetest voice as it appears he is not at all knowledgeable in L&T law, and WILL need to be informed of various pieces of legislation. Do your homework as best as possible, and do everything you can to defend yourself without annoying the judge. Best wishes and best of luck.

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Guest Alison82

^^ hi :), yes I agree. This court isn't as informed as the court is usually use but I have just moved to I have to use this one.

Thanks

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  • 2 months later...
Guest Alison82

Hi CAG

 

We have recently entered a claim with our local CC using the part 8 channel for our deposit as it was not insured and not returned to us when we vacated the property.

 

The LL has filed a countered claim although he has done it wrong and issued a new claim) for late rent payment charges of £25 per day and cleaning charges. Both of which are unjustified as when we paid our rent late (quite a few time during the last 6 month) he said he doesn't charge £25 per day it is only t deter tenants from paying late, when we left everything was up to date and we have emails leading up t when we left although none of them say we don’t have to pay the fee, they imply that all payments are up to date. Cleaning charges are not justified and we have a witness and photos to prove the place was spotless.

 

Just wanted some advice about these fees as it would add up to about £3k. Our claim is for £6k

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Not being a lawyer I suggest the following.

 

Argue the £25 on the basis that he told you he wouldn't charge them (and that he didn't charge them until now) *and* on the basis that they are an unfair penalty.

 

It may be that there is something in this document about such "fines" that you could quote. This document is not "the law" though:

 

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

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  • 5 weeks later...
Guest Alison82

Update: well we going to court next week, the LL also issued a claim for charges on late rent payment but I'm not to bothered about that

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I have been told by both a lettings agent and an inventory clerk that if the LL prepares their own inventory, as opposed to having it done professionally, they are in an extremely weak position and usually fail in their endeavours for any claims.

 

They told you that because they wanted to sucker you into paying them to do it.

 

An inventory and schedule of condition prepared by the landlord is perfectly acceptable to the court, provided merely that it is counter-signed by the tenant to indicate the latter's agreement with it.

 

In my experience, important items of disrepair will be overlooked by the tenant whether or not the inventory is professionally prepared.

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My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

The tenant need not give any notice, if a fixed term is granted, in order to move out on the final day of the fixed term - and can move out earlier, but in that case still has to pay the rent up until the final day of the fixed term.

 

 

I read that if the landlord secures the deposit in a scheme before the court date he can get let off, is this true??

 

Read these threads -

 

- Tenancy Deposit Scheme

 

- Tenancy Deposit Protection - First High Court Decision

 

- TDS eligibility, implication of breach and legal questions answered

 

 

The case of Tiensia v Vision Enterprises means that if the Landlord protects or repays the deposit on the day of the court hearing, or at any time before judgement [if later], the court will not be able to award you the penalty of three times the amount of the deposit.

 

That may be overturned by the High Court decision in Potts vs Densley, when the long overdue reserved judgement in that case is finally given.

 

 

Note that the Act expressly states that the parties to the tenancy cannot agree not to protect the deposit. So it's futile for the landlord to raise this defence - but many still try to!

 

 

Also read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

- Unfair deposit deductions

Edited by Ed999
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