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    • you need to remove the image above, prperly redact your VRN and the PCN number, before reposting.
    • You certainly could join Santander as a co-defendant although of course that would complicate things and cause additional delays and maybe expenses that they might asked the court to recompense in the circumstances. I'm also a bit concerned that the "reservation fee" was refundable – and in fact was refunded because this would tend to suggest that this was not part of the contract price and therefore the contract was only made when he eventually saw the car and paid the money for it. Had the reservation fee been taken to have been part of the price you are paying for the car, then I think that point would have been slamdunk and there will be no problem saying that the contract was made on payment of that fee. I think this is a point which may cause you trouble. They will do their best to say that the contract was made after you had had an opportunity to see the car. I think that although you should stick by your guns that the contract was made at a distance, you had better prepare all your arguments on the basis that the contract was made when you collected the car. Can you confirm that you bought this vehicle as a personal vehicle and not for any business purposes     Also, what is your professional background? Do you have any expertise or particular knowledge of vehicles, their systems and their mechanics?
    • Well, that was interesting. They arrived first thing this morning and started loading up a few loose poles. I went out happy to see them and thanked him for being early. His reply was a bolshy request for another £80. I refused. He got angry saying along the lines of,  "I don't work for nothing, time is money". I stayed calm and said he was paid in advance to install and remove and I had paid him the price in advance. He argued he had to come back 8 weeks ago to do a small amount of work for the builder (who needed a few poles and planks moved to get to some pointing). I replied that he hadn't mentioned a cost for this at the time or asked for payment then. No bill in the post has requested payment and no mention of it in the trail of texting. He got argumentative and said he would not take the scaffolding down unless I paid him,  and he started to pack up the lorry, as if to leave. I said any extra charges would balance a cost that I would apply for storage and that he really should just take away the scaffolding as he promised 3 times in the past month and that it really should have gone a month ago and I wasn't prepared to act as free storage.  I said again he had been paid to do it, and this was what I expected him to do today and if he didn't remove it I would reinforce my position that I would assume, if the scaffolding was still here by the end of today, he was abandoning it and things would have to get legal. He mentioned how he didn't respond to threats.   Then in quite a mood, he started (with a colleague) to remove the planks etc so I just left them to it. After 30 minutes of work they sat in their cab  with the engine running, which lasted 10 minutes and have just now, driven off. Nothing further was said.  The scaffolding poles are still up  (all the planks, the ladder and the loose stuff, ie anything I could easily move, has gone) .   This happened 20 minutes ago. My initial thoughts are not to respond and wait for his next move. I expect this might be a text later today, or I might hear nothing and he doesn't come back until he needs the poles. I am really tempted to get them removed by another firm (although I doubt another firm would want to be involved), but this would cost way more than £80 and seems disingenuous to pay out more money to escalate an argument rather than to have been forced to pay more. I believe it would be illegal for me to take them down myself as I am not certified.     Thing is , we were looking forward to tidying up outside and being able to open the bifolds. But I have a feeling the scaffolding might be here to stay for a few weeks or months yet.      
    • Hi Mediation did not resolve the issue.  Should i join Santandar as a co-defendant before it goes to a hearing or would it be a new claim?   Thanks
    • Ok thank you for the response and links, those were useful.😀   So the wording and registration of a Final Charging Order with HM Land Registry is just a scam and these are actually restriction K's because they are sole debts against a jointly owned property. Is that correct?   For 100% clarity are these Final Charging Orders as worded by the Court and Land Registry or restriction k's?   The next step then is to read the wording of the Final Charging Orders/restrictions K's (?) as that seems to be a key element.   I know if I was buying this house I would want the charges/restrictions removed before or at completion of the sale. I don't have the funds to settle prior to completion.   Order for Sale X 2. I went to court for the hearings and agreed a small monthly repayment. If I had not attended then they would have been granted an order for sale, at least that was the advice I was getting.   Selling & Debts: We are selling because we cannot see getting past the next 3 years of mortgage payments, which will lead to a repossession order from the mortgage provider. If we sell and I can arrange a settlement with the vultures we can downsize and be mortgage free and debt free. Our current debt levels are low and manageable for now. These will be cleared in full when we sell and downsize, provided I can negotiate a settlement of around 60%   Advice and assistance appreciated. TIA
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Landlord keeping £200 of the deposit 'just in case' its needed..


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Hi everyone,

 

Hope I can get a little bit of advice again regarding my mother in laws tenancy, which has ended. She moved out of the house a few weeks ago and has complied with all the landlords wishes ie-cleaned the carpets etc. They have also charged her £70 for a fumigator to do the house because she had cats there, which was fine by her, but now, after struggling to get her deposit, they have told her she can have it back, but they are holding £200 of it in case there are any flea eggs left, to which she can have it back in six months time. The cats were always treated, so that shouldn't be a problem, but if they turn round and say she can't have the £200 back, can she ask for proof of what they are using the money for? Her bond is in a deposit scheme as far as I am aware, so could she go through them to make sure the landlord isn't keeping her money unnecessarily?

 

Many thanks for your invaluable help! Steve

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What does the contract say. If contract says it should be returned in 14 days then it should be returned. If not, I'm not sure. In absence of anything specific in the contract, and given that it is MinLaws money I would guess they are not entitled to keep it.

 

I would also point out to them that should flea eggs happen to be there after some time it would be hard for them to prove that they were a) from MinLaw's cats, and if they were it is the fumigator company that should be dealing with it.

 

Is the deposit protected?

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My comments only apply if the premises are entirely within England, and your relative was granted a shorthold tenancy (under which she had exclusive use of a separate dwelling, which was not shared with another tenant nor with the landlord), and she was over 18 years of age when the tenancy was granted, and the rent is less than £8,333 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 Scheme

 

The landlord or agent must pay the deposit into the custodial deposit protection scheme, or hold it in a separate account protected by a relevant insurance scheme.

 

The tenancy agreement must state which scheme is to be used, and the circumstances in which all or part of the deposit can be withheld at the end of the tenancy.

 

 

Alternative Dispute Resolution

 

If it is a shorthold tenancy, where there is a dispute concerning disrepair at the end of the tenancy the following matters apply.

 

If the deposit paid by the tenant is currently still protected within an authorised TDS Scheme, the Deposit Protection Service (DPS) - who administer all TDS Schemes - offer an alternative procedure for resolving disputes, to save you having to go to court.

 

They have issued a guide, explaining the disputes procedure they provide:

 

A Guide to Tenancy Deposit disputes and damages

 

Where a deposit is protected by being placed in the TDS scheme, if a dispute arises at the end of the tenancy (e.g. over alleged disrepair) the parties can choose to resolve it by this procedure instead of going to court (but must begin the procedure within a time limit).

 

Both the landlord and the tenant must agree to use the DPS disputes procedure. It cannot be initiated by only one of them. But it can be MUCH cheaper than a court case. The alternative is to sue in the County Court.

 

 

Further information: Deposit Protection Service (DPS) website

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

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