Jump to content


  • Tweets

  • Posts

    • Yup, all I can add is that I was a victim of a Backdoor CCJ from Capquest, my fault for moving and not writing to them with my new address.  It sounds counter intuitive but the Best and most important thing to stay protected is to let your creditors know you are moving. Always in writing too, good old fashioned Royal Mail.
    • Sorry to pile more of the brown stuff onto your head – but I think that this speaks volumes. You are not an "ex customer" of Currys. To suggest that you are is effectively accepting that Currys' responsibilities to you ended the moment that they took your money and you walked away with the cooker. Currys' responsibilities are ongoing for the reasonably expected lifespan of the item which you bought and this means that you continue to be their customer for at least that period of time.   If you can start to adopt this mindset, you will start to find yourself pointing in the right direction. We will help to keep you focused
    • In terms of their refusal to comply with your subject access request, you may as well sue them in a separate County Court action. If you'd like to do that then we will help you. It would be very easy to do. You are entitled to claim damages for distress and I'm sure that you are hugely distressed by their failure/refusal to supply you with your personal data and I would suggest that you might want to sue them for £100. These people seem to be pretty disorganised and lack any understanding of how to run a business. I suppose that they would try to defend a data protection action on some spurious grounds – but it would increase the pressure on them and the risk to you would be very low – only about £50 or so in the unlikely event that you would lose the case. In the event that you would win then you would get your court fees back as well as the damage you are claiming unless a court decided that there were grounds for reducing the value of your claim. Pretty unlikely in my view.  
    • I think I have to add some clarification to the advice which has been given by my site team colleague above. Firstly, the Consumer Rights Act does not replace the existing law of contract. It simply supplements it and adds some additional solutions such as the short-term right to reject – and the right to reject within six months after giving a single opportunity to repair. These remedies are meant to be solutions but in fact we are finding – especially with car dealers – that the law is simply being ignored and frankly from that point of view the Consumer Rights Act is not a great success. There really ought to be in place a punitive measure for retailers who don't respect the 30 day rule and the six-month rule. But there aren't. So what is left is that even after six months, the item which has been sold to you must be of satisfactory quality and must remain that way for a reasonable period of time. What is a reasonable period of time depends on the reasonable expectations of a reasonable consumer. If the item starts to develop problems early on in its life then I think it can be generally taken beyond doubt that the item has failed the test of "satisfactory quality" because it has not remained that way for a reasonable period of time. Where an item starts to fail towards the end of its reasonable life expectancy, then you have a more difficult problem and that is where as my site team colleague has suggested, that you would ideally have to find some expert evidence to show that the item had failed because there was an existing defect. You could do this by getting an independent inspection or else by finding other examples over the Internet to show that this was a known problem. My site team colleague is right that you would have to demonstrate a defect even if the item fails at an early stage in its life – but I think that if you are taking a cooker with a reasonable life expectancy of probably, say, eight years – then I think the fact that it has developed a serious defect in the first 12 months would be taken by any County Court judge as clear evidence that it had failed to live up to the requirements of the Consumer Rights Act – that it was not satisfactory quality. If the judge accepted that failure as evidence, then it would be up to the retailer to counter the presumption with evidence that there was nothing wrong with it. So what I'm saying is that in the first instance, I think that the defect speaks for itself and the question now is how to proceed. I'm sure that we can help you and I'm sure that we can help you get a result. I have to say now that you've been here since 2015 and I'm extremely disappointed to find that you seem to be unaware of the fact that you enjoy ample statutory rights to deal with this and that you seem to be lamenting the fact that you didn't take out an extended warranty and that furthermore you seem to be prepared to rely on a so-called 12 month guarantee provided by the manufacturer. You are asking how these companies can get away ripping off "innocent people" and I suppose that you are referring to "innocence" in the sense that people don't deserve it. Frankly I tend to see "innocence" in the sense of a certain naïveté – especially when people know about this forum. I don't particularly understand why you have put up with this for a pretty well five months instead of coming here. If you want to take that as a slapped wrist – then please do. Also it's a message to other people who visit this thread. Can you please tell us about the price you paid and any exchange you had with Currys. I understand that they have simply knocked you back to the manufacturer? Are you surprised? You're dealing with Currys. Another example of innocence. Blesséd are the meek. I don't fully understand the fault. Maybe you could put up a picture of the fault – in PDF format please. It will help us get a better idea what we are doing. Also, have you had anybody coming to have a look and see if it is actually repairable?  
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2924 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi guys i have posted threads on here before and have been given some good advice so thought id try for some opinions on this issue. ill try and put as much info as i can so sorry if i go on a bit.

 

I have recently been on part time hours at work due to depression from the tragic death of our 4 year old son. Landlord knows about this as it was all over the news and he laid flowers at our door.

 

We have been living here for 18 months and to be fair to landlord in the first 6 months we weren't always on time with the rent and he would turn up unannounced on many occasions asking why it was late.

 

So since last november we have been on time every month until this november when we were 3 days late. He turned up and quietly put our notice through the door. We need to be out by 9th feb.

Our rent was due on 10th but we are 225 in arrears at the moment until housing benefit clears. Today out of the blue a gas man turns up to check the boiler. I txt landlord saying arent we supposed to have 24hrs notice if anyone is going to turn up? His reply was. "Arent you supposed to pay the rent on time tell him to come back later if its not convenient". As i said earlier he has turned up out of the blue on many occasions once being very rude and aggressive to me infront of my kids! All because i went to his house as i couldnt get in touch with him on his phone when the boiler broke down. He

was in america and didnt take his phone with him so his daughter had to sort a plumber out for us. As soon as he got back from his holiday he was banging the door (without notice obviously). "how dare you involve my family if there is any issues you deal with me and only me leave my family out of it."

 

So today is the final straw for me and as you can imagine i have had enough of this rude heartless landlord and im at the point of saying stuff you and not giving him anymore rent and tell him to keep the deposit.

 

Any thoughts, advice or ideas? Thanks in advanc

Link to post
Share on other sites
  • Replies 62
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Firstly, I'm very sorry about your son.

 

Have you spoken to your local council yet? As you have children, you are likely to be placed on the highest band, at least for the duration of your notice period.

 

I would usually advise you to try to salvage your existing tenancy, but it sounds like your relationship with your landlord has broken down completely. I don't recommend withholding your rent, or telling him to keep the deposit.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

thanks laughing girl

 

yes ive had enough of him and vice versa i think. Yes we have spoken to the council and are in band A (the highest for this area) and regards the deposit this is the same landlord that expected me to re lay the entire bathroom due to 1 cracked tile! The tile is still not replaced and im expecting him to be rather unfair when it comes to returning it.

Link to post
Share on other sites

OK, well that's good.

 

I'm not sure what else I can advise you to do. I would strongly suggest that you continue to pay your rent to the best of your ability, though. At the end of the day, if your LL feels that he needs to deduct from the deposit for repairs etc. and there isn't enough in the 'pot' to cover your arrears and the repairs, he could pursue you through the courts for the balance. It's just not worth the stress, really.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

That's OK. :-)

 

In that case, I'd be even more reluctant suggest he use the deposit for the last month's rental, I'm afraid.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

well presumw you had an AST which has now gone periodic.

YOU must pay the rent, preferably on time, as you will leave yourself open to him getting a court order for a section 8 default ( more than 2 months in arrears ) and get an eviction in 14 days.

at the moment he cant apply for a repossesion order, unless he has sent the requesite section 21 notice for repossession with two months notice from a rent period date ( normall the day you signed the contract ) so if it was the 10th, then it would be 9th feb if you got the S21 before the 9th Dec 2012.

Only valid if on correct form with your rights attached and your deposit is protected.

even then you do have to leave, he will have to get a court order to do that, which can take a month or so, then you can go to court and ask for more time.

so dont panic yet.

but start looking for somewhere else.

Link to post
Share on other sites

Would you be able to replace the single floor tile yourself?

 

He can't claim for anything that could be considered reasonable wear and tear, and in my view insisting that you replace an entire floor due to one cracked tile is unreasonable. Is your deposit in one of the deposit protection schemes?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

yes the deposit is in dps the tiles are so old to find a replacement would be almost impossible. The sealant between all the tiles is wearing all over the floor too. Can i who decides any disputes over deposit? Is it just my word against his?

Link to post
Share on other sites

OK, well definitely unreasonable to want you to replace the whole floor if the tiles are very old.

 

In the event of a dispute, the DPS would return any undisputed amount to you immediately, then you'd go through their mediation for the remainder. You could, if you wanted to, immediately pursue him through the small claims court for any returned amount that you feel is unreasonable.

 

Did you get a full inventory when you moved in?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

Well, that should be good enough...do you agree with it in terms of how it describes the house? For example, does it say that the tiles in the bathroom are old?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

hi raydetinu sorry i missed your post earlier.

 

You say the s21 is only valid on correct forms with my rights attached? The letter he posted was just a print from a computer with no rights at all. It just says consider this your s21!

Link to post
Share on other sites

It's not valid then. Sorry, I should have asked that first, before I even got into the deposit issue.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

so i can just ignore this letter get upto date with my rent and he will have to give me a new valid s21? Which will be another 2 months? How long does an s21 last because he did give us one last november but he said it was cancelled because we started paying the rent in full on time for 12 months until this november.

Link to post
Share on other sites

An s21 is valid until it expires, usually 8 weeks.

 

At present based on what you've said, he couldn't apply for a repossession order. What exactly did the letter he gave you say?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

right ok this is word for word.

 

(Dated 12th november 2012)

 

although i am fully aware of your recent problems and sympathise deeply, i find that once again the rent has not been paid in full and without a word of explanation. This is causing me financial penalties that are not acceptable. I have given you numerous chances in the past but you have let me down once again so consider this a section 21 notice to vacate the premises by 09 02 13. Failure to complete all payments will result in legal action

 

signature

Link to post
Share on other sites

The Housing Act 1996:

 

The Housing Act 1996 amended the section 21 of the 1988 Act by requiring the notice given to be in writing. There is still no prescribed form. The notice will be valid providing it contains the information required by the relevant section and sub-sections.

 

Also LL must be able to prove you received it, proof of posting or a witness to it being served or you acknowledging it.

 

As far as I am aware a section 21 notice has no expiry date and is only cancelled or revoked by granting a new tenancy agreement. so the previous one may still be valid, but dont tell him.

anyway as said the whole process can take some time even after the expiry date.

Link to post
Share on other sites

Stay there, until you have found somewhere.

S21 is just a notice not an eviction; at the end of the notice he then has leave to apply to the court for such an order, which can take 6-8 weeks. then if he does proceed you can challenge the validity of the notice and also ask for time if that does not work; usually court will give a few more weeks; then baliffs may get involved.

All costs him money of course, but he can ask for costs.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...