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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant 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; 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Continue with dispute or withdraw?


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Hello all,

 

Basically we had 3, later reduced to 2 cats in a property for about 7 months, upon leaving the estate agent has had some cleaning work done to repair a "cat smell" and a flea infestation.

 

There are four stages in this saga;

 

Stage one: We leave and ask for our deposit back. We get told about a "smell". The agent after about three weeks finally gets a quote of £50 for the downstairs, and tells me that the upstairs is fine. I agree and tell them to go ahead.

 

Stage two: The cleaner quotes the landlord for £100 for both upstairs and downstairs after they view the property, and says that the upstairs is not fine. The agent calls me and says they now need more money before they can go ahead. I am naturally irritated by this.

 

Stage three: I start a dispute because I am beginning to find it a bit suspicious that they had taken so long to get quotes or even do any work, and that the amounts keep changing. I request that the amount not in dispute is returned. I do not recieve anything.

 

Stage four: I consider withdrawing the dispute expecting to have to pay £100 and be done with it. By this time I'd gotten fed up and wanted the whole thing to be over. I phone the estate agent and discuss this with them, at which point they inform me that the work has already been done, and that the bill is now £216 because a flea infestation had arisen and was dealt with.

 

So now I am wondering, should I continue with the dispute, or should I withdraw it? Can they charge me for a flea infestation that had arisen over a month AFTER I moved out? I appreciate that having pets during a tenancy requires extra cleaning upon leaving, but I've just got a gut feeling that this agent isn't playing by the rules.

 

What should I do?

 

Regards,

Scott.

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This is probably a question for the "Carpet Cleaners" (a CAG member). Maybe change your title to "carpet cleaning costs" and s/he'll notice.

 

Fleas don't necessarily get noticed straight away. I don't notice them, but my partner goes up in bumps about 3 seconds after being bitten.

 

I would say that you should ask for a copy of the invoice and perhaps get indicative quotes from another firm.

 

If you have reason to believe that the cleaning of upstairs was unnecessary, then by all means object/negotiate. Like many things, success often depends on the level of determination. If your cats were there by agreement and if there were no specific requirements for cleaning you could argue that any minor smells identified by sensitive people are their issue, not yours.

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3 cats with free run of house and no smell upstairs?? Even if they all used the litter tray all the time, residue can be carried on paws and human feet etc. Fleas are an expected hazard of keeping pets.

LL/LA can charge any amount for 'damage' and not repair, it will be for Adj to decide if LLs 'estimate' is reasonable. Production of signed receipts from a contractor could be sufficient proof. Even if you have no cats now, any of your furniture from then should be treated for fleas to prevent infestation of next property.

1 T left my property with a flea problem requiring 3 fumigations. That's prob why they left their sofa etc Bicycle clips not inc in treatment cost.

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I would say that you have been very lucky with the charge for removing flea infestation, £216 is a very fair price for this work, as it involves specialist chemicals, 2 repeat visits with more chemicals to ensure that the eggs are all dead and that non have been missed, and if it was very bad then the rooms need to be fogged as well.

 

Also £100 for a full carpet clean without the flea treatment is a good price for anything above a 1 bed flat.

 

Any good carpet cleaner would automatically have to clean the whole place to ensure complete removal of fleas and eggs. The curtains and furniture should really have been treated as well by a fogging machine. I know of some carpet cleaners who would charge over £600 for this sort of work.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

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Can they charge me for a flea infestation that had arisen over a month AFTER I moved out?

 

Pausing to wonder, realistically, why this would come up, a month AFTER the vacation of the property, the likelihood is that a prospective occupier complained and so would I.

 

If the reason for the work is the impossibility of letting the property in the mean time, they could charge you for that, as a consequential damage. With all said and done, the opinion of whoever has to live there is where the money is.

Edited by Legislation
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3 cats with free run of house and no smell upstairs?? Even if they all used the litter tray all the time, residue can be carried on paws and human feet etc. Fleas are an expected hazard of keeping pets.

LL/LA can charge any amount for 'damage' and not repair, it will be for Adj to decide if LLs 'estimate' is reasonable. Production of signed receipts from a contractor could be sufficient proof. Even if you have no cats now, any of your furniture from then should be treated for fleas to prevent infestation of next property.

1 T left my property with a flea problem requiring 3 fumigations. That's prob why they left their sofa etc Bicycle clips not inc in treatment cost.

 

I agree with you about cats carrying smell around, although some people will make it out to be worse than it actually is, but the estate agent who did the check-out for this property told me over the phone that the upstairs carpets were fine and that the smell was downstairs. BTW the ENTIRE downstairs is solid flooring, no carpets. I reckon the smell was coming from a patch of bare concrete near the litter trays that had absorbed some of the smell.

 

This is where I have the issue. If it was fine upstairs, why do it anyway? If it wasn't fine why the hell tell me it was? They told me it was a "precaution". In my mind that's not in keeping with the spirit of the deposit system. That's like digging up the whole garden "just in case" we planted something illegal. I don't mind them doing it if it's necessary, it's unnecessary works I have a problem with. Either way they blatantly lied - either when they told me it was fine or when they later told me it was necessary. One way or the other it's **** poor practice.

 

And honestly the fleas were not a massive issue when we lived there. We noticed a couple on our cats, immediately got them on stronghold treatments, kept the house well hoovered, etc. and we stopped getting bites and stopped finding them on cats and surfaces. It certainly never became the major infestation that they're talking about. Perhaps it can get like that on it's own. I just find it suspect.

 

The estate agent told me over the phone that the "carpets were moving" with fleas! Surely it takes a more serious infestation to cause this, and surely that many fleas cannot survive in an empty house without a blood meal?

 

Again if I was at fault somewhere I would've held my hands up. I did agree to have the smell sorted out initially. In the past if I've ever missed something on my way out or there was something that got broken during a tenancy, I've always either paid for it to be fixed/replaced or gone back and done the work myself. I never wanted to keep cats in the first place, it was my girlfriend's idea, so I'm not even being defensive about it. I just don't want to be ripped off for work that didn't need doing. This agent has a long history (which we only found out later) of ripping people off. The whole way they've gone about it struck me as being a bit suspect.

 

Anyway I've decided to stay with the dispute. The worst that will happen is that I will lose, in which case it's because they managed to prove that the work was necessary. If that turns out to be the case then I'm happy with that. Either way justice will be done, but not by the hands of this estate agent who I no longer trust.

 

Regards,

Scott.

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Ignorance is bliss, but not the way to win the day.

 

The incubation of a flea may indeed be delayed and they do survive without a blood meal:

 

... The eggs hatch into larvae, which are negatively phototaxic, meaning that they hide from light in the substrate. Flea larvae feed on a variety of organic substances, but most importantly subsist on dried blood that is filtered out of the haircoat of the host after it is deposited there as adult flea fecal material. Thus the adult population on the host feeds the larval population in the host's environment.

 

Flea larvae metamorphose through 4 stages before spinning a cocoon and entering the pupal stage. The pupal stage varies greatly in length; the pre-emergent flea does not normally emerge as a young adult flea until the presence of a potential host is perceived by warmth or vibration. ...

http://en.wikipedia.org/wiki/Cat_flea

 

I am not so much of an expert on fleas but this was not so difficult to investigate, already convinced that the suspicion of the Landlord is probably wrong,

 

You could have done the same for yourself.

 

Before you go any further, read this as well:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328161-Private-Rented-Property-Damp-Mouldy-and-Infested-with-Bugs

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