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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • honeybee13
      Misuse of Freedom Pass - 1st Letter received and running out of time

      By honeybee13 · Posted

      Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • FTMDave
      NPE ANPR PCN - No Permit - Locton Estate, London, E3 2LP

      By FTMDave · Posted

      I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • BankFodder
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By BankFodder · Posted

      Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • CinamonSpice
      Misuse of Freedom Pass - 1st Letter received and running out of time

      By CinamonSpice · Posted

      Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • BankFodder
      Scottish Widows Pension from 1999 - been sending all letter to another address for 25yrs.

      By BankFodder · Posted

      Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above

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      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.

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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greg67

greg67

Posted
Posted

So i've put my property on rent and the agency has decided to take its commission in the first 2 months and have said they will pay the full amount of rent taken from the tenants for the next 10 months, no where in the contract did they state this or with the numerous phones calls and conversations had with them. The understanding we had was they would take their commission on a monthly basis out of the rent not all in one go. Are they allowed to do this, what action can i take?

 

Thanks.

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greg67

greg67

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Posted (edited)

It doesn't state anything about all the commission being taken in the first 2 months. it just states the rent amount and the date the tenant has to pay.

Edited by greg67
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assisted blonde

assisted blonde

Posted
Posted

Well if its not in the contract then i cant see it but there must be somthing in your agreement with the agents about commission/charges/ what they are responsible for what you get for your money etc.

If I have been of any help, please click on my star and let me know, thank you.

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greg67

greg67

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Well if its not in the contract then i cant see it but there must be somthing in your agreement with the agents about commission/charges/ what they are responsible for what you get for your money etc.

 

It doesn't state anything about commission in the contract just the rent amount, dates, my responsibilities and the tenants. what they said to me was that i would get a fixed amount every month, which is clearly not the case.

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mariner51

mariner51

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Posted

You are looking at the wrong contract (AST). You prob signed a sep contract with LA that detailed commission and payments. AST is between you & T, Other is between you & LA only & is binding if signed.

If you engage a LA he is entitled to his commission, Your fault for not detcting his T&Cs were unfavourable.

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greg67

greg67

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You are looking at the wrong contract (AST). You prob signed a sep contract with LA that detailed commission and payments. AST is between you & T, Other is between you & LA only & is binding if signed.

If you engage a LA he is entitled to his commission, Your fault for not detcting his T&Cs were unfavourable.

 

I did not sign any other contract though.

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mariner51

mariner51

Posted
Posted

Then you have a verbal agreement with LA. If they have a website, check out their standard procedure for deducting commission. Did an ind person witness LA saying when they would take commission?

Did you engage LA for full management or T finder only basis?

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greg67

greg67

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Then you have a verbal agreement with LA. If they have a website, check out their standard procedure for deducting commission. Did an ind person witness LA saying when they would take commission?

Did you engage LA for full management or T finder only basis?

 

They do not have any info of their procedures on their website. No independent person witnessed the numerous conversations. Full Management was agreed but the LA would take a monthly commission from rent not 12 months commission upfront in the first 2 months.

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Bang!

Bang!

Posted
Posted

Realistically it could never be in the terms of any property rental agency - as many properties will be mortgaged, and to expect two months without payment would make quite a cash flow problem to many landlords.

 

Instinct would say they were on their way out, and struggling to get money to keep the wheels turning. If they fold at three months - you have paid rather a high commission.

 

Do they have limited liability?

 

If there are no terms in writing, its unlikely they could claim anything for you walking away.

 

Is there any reason you cannot manage the property yourself until you find a replacement?

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raydetinu

raydetinu

Posted
Posted

Suggest you post on the landlordzone web site, they would have a better understanding of that side of things.

If you have not signed an agreement with the agent then end it, however you will be liable for some of the work they have done on your behalf.

For their fee what did they offer you, rent protection insurance, inspections report, do they handle the deposit protection for you?

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