Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 or termination notice; and © 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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

mak1968

advise please re private LL witholding full deposit pre deposit scheme 2007

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3057 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all,

Im really hoping someone maybe able to help with this.

We were privately renting a property because it was next door to my parents. We took up residency in 2005 signed agreements and paid £850 deposit. Landlord had never rented out before and used standard rental agreement print-offs from internet.

The place was old and needed work when we moved in, we accepted this and did general decorating ourselves. however conservatory leaked like a sieve, had a dangerous old boiler in place which was subsequently replaced with a refurbed equally old one. the garage roof also leaked badly and was never repaired. radiators were broken and unfixable due to age and plate glass was in situ, rather than safety glass. Landlord claimed poverty so we muddled through.

We signed just 3 lease renewals for the whole period even though they were only 6 month leases.

In march this year LL served us notice to leave as he could no longer afford to keep the property and needed to sell, we arranged to move in 2 mths (at his request) and not the standard 3 mths notice we should have had and he kept the FULL deposit stating repairs were needed. (We had replaced carpet 2 mths before we were given notice, and had decorated as required so apart from the repairs he already knew needed doing when we moved in there was nothing else needing doing.)

He kept the deposit to resell the house and has refused any kind of return of deposit to us.

Is there anything we can do?

We are responsible adults (im a 3rd yr student nurse) my husband is a truck driver and we have 2 teen chidren both in further education so would never have taken advantage or left the house in a poor state.

Im so hurt and maddened by his actions but know he wont have secured the deposit as it was pre 2007.

Is there anything at all we can do, or should I just put it down to experience?

thank you.

:)

Share this post


Link to post
Share on other sites

i would say stay there and dont pay rent untill you find a new place.

Share this post


Link to post
Share on other sites

I would like to know the answer to this too.

My son moved out of private LL accom last month and not had his deposit back, LL just ignores his calls and letters

Share this post


Link to post
Share on other sites

hi debtbutt, we had to move out, so are already living elsewhere. its magic how hes done the house up on our cash! painted outside, repaired garage etc....... :(

Share this post


Link to post
Share on other sites

Nomally you collect the diposit and then you hand over the key.

Share this post


Link to post
Share on other sites

Debtbutt - I have never heard of any responsible landlord do that.

 

Staying and withholding rent is terrible advice.

 

With the greatest of respect (and I really do mean this in a nice way) dont advise unless you know what you are talking about at least a little bit - your advise is frankly wrong and potentially at the detriment of the OP.

 

Sorry, now that that is out of the way. OP - I am going to hazard a guess that you never signed any inventory upon moving in? This one sounds cast iron to be honest and a VERY easy win (although you may have to sue).

 

Alf - the situations will differ from circumstance to circumstance. If you post a new thread with some details for me, I'll be happy to help :)


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!!

Share this post


Link to post
Share on other sites

Sue via Small Claims route for full return of deposit.

Share this post


Link to post
Share on other sites

thanks for the advise people, mrshed, no we didnt sign an inventory before we moved in, there was nothing in the house tbh.

I guess I have to go to our local court? to get papers? Im not really sure where to start actually, and I probably wouldnt even bother if it wasnt for the fact that my mum lent us the deposit money in the first place, and I obviously want to pay her back, even though she says to forget it.

If someone could very kindly tell me where I need to go to get the ball rolling I really would be grateful.

 

thanks again.

:)

Share this post


Link to post
Share on other sites

Send an LBA in the first instance (do a quick search of this forum for details). Would post up an example but as the formatting is broken on here itll look hideous. Give them 7 days to repay, or you will take them to court. That should at least get the matter firmly within his eyesight.


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!!

Share this post


Link to post
Share on other sites

thank you once again mrshed. I shall get cracking, shame money is such a spoiler, but its the principle I guess.

:)

Share this post


Link to post
Share on other sites

Post up your letter here before you send it if you want, I'll proof read.


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!!

Share this post


Link to post
Share on other sites

My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Tenancy Deposit

 

If you paid a deposit before 2007, the tenancy deposit scheme does not apply:

 

Tenancy Deposit Scheme

 

 

If the tenancy has ended you can sue for the return of your original deposit, as a contract debt, in the county court.

 

It's likely that a landlord, faced with a claim for repayment of the deposit, will allege disrepair by the tenant in order to try to persuade the court to let him keep it.

 

 

Tenant's Repairing Obligations

 

The tenant has a duty to treat the property in a 'tenant-like manner'. This is defined by the Court of Appeal in the leading case of Warren v Keen [1953] 2 All ER 1118, CA.

 

Basically, the tenant must take proper care of the premises, and must repair damage to the premises caused, wilfully or negligently, by him, his family, or his guests.

 

But if the house falls out of repair owing to fair wear and tear, lapse of time, or any reason not caused by him, then the tenant will not be liable to repair it.

 

 

If the landlord alleges damage, he must prove it.

 

If there is no check-in inventory, the landlord really doesn't have a leg to stand on; so the tenant is in a stronger position where there is no check-in inventory.

 

The landlord is not allowed to improve the premises through "betterment" (replacing an old or worn item with a brand new one).

 

Likewise, the tenant is not liable for the cost of cleaning or repairing an item which was already soiled or damaged before the tenancy began. A check-in Inventory can be evidence that an item was already in bad repair before the start of the tenancy.

 

 

Also read this document - Fair Wear and Tear

 

It explains some aspects of the law regarding fair wear and tear, applying the principle that a tenant is NOT liable to pay for the cost of remedying ordinary wear and tear.

 

This link gives examples of what is fair wear-and-tear, and what is not:

 

http://www.rta.qld.gov.au/print_page.cfm?menuItemId=510.00

 

 

Also, the landlord can't ask the tenant to pay (i.e. out of the deposit) for the cost of repairs which the law requires the landlord to do. What those repairs are is explained in this FAQ -

 

Disrepairs in privately rented accommodation

 

A detailed analysis of the landlord's repairing obligations, prepared by a Barrister in 2010, is set out at -

 

Interpreting Repairing Covenants

 

 

Any deposit paid at the beginning of the tenancy belongs to the tenant. So the burden is on the landlord to prove that any deduction from it is justified.

 

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

 

Unfair deposit deductions

 

 

There is a vast amount of additional information about the tenant's legal rights in cases of disrepair on the website of Shelter, the housing charity -

 

Repairs and Bad Conditions

 

 

 

Letter Before Action

 

If you intend to sue, then once the tenancy has terminated you can consider whether to write a letter before action [LBA], threatening to sue, giving the traditional 14 days notice.

 

This is what you might say -

 

Dear Sir,

 

Premises at _______________________

 

With regard to my tenancy, I require you to refund to me the full rent deposit which I paid, in the sum of £_____.

 

If I have not received the total amount of £_____ within fourteen days from the date of this letter I will commence a claim in the County Court for that amount without further notice to you.

 

Yours faithfully

 

Keep a photocopy of the letter. Send the original by 1st Class post, and obtain a free 'Certificate of Posting' at the Post Office counter when you hand it over.

 

 

Court Forms

 

Form N1 is for claiming the original deposit only.

 

Money Claim Online is a cheaper online method of claiming on form N1.

 

 

The current Court fees are set out at:

 

Court Fees

 

 

Read the Court Service's leaflet How do I make a court claim (Form EX302), which contains detailed guidance on suing in the County Court.

 

Also, the Business Link website provides much useful information about pursuing a County Court case.

 

 

The outcome of a Court case is never certain.

  • Confused 1

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...