Jump to content


  • Tweets

  • Posts

    • A devaluing currency and hard economic conditions make cryptocurrencies attractive despite the risks. View the full article
    • The Serum Institute of India isn't a household name, but it's the world's largest vaccine maker. View the full article
    • Lower commuting costs, cancelled holidays and fewer meals out boost some bank accounts, a report says. View the full article
    • Lower commuting costs, cancelled holidays and fewer meals out boost some bank accounts, a report says. View the full article
    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  • Our picks

    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Signed tenancy agreement, can I cancel on the same day due to health & Safety?


Please note that this topic has not had any new posts for the last 2914 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

Can someone please advise me.

 

Myself and my family (wife, 3 kids) are having problems at home and were accepted on the local authorities home finder program for private rent.

 

I received a call from the estate agent on Monday morning informing me that there is a house i can see so made an appointment for 5pm. I went over to the street during my lunch break at 12pm and by coincidence i see the the estate agent showing the property to someone else. Once she had finished we had a short conversation and she offered to show me around.

 

The 'viewing' lasted no more than 5 minutes and not all the keys were available so we could not even cover all areas. I felt under huge pressure to agree and accept immediately as "the previous viewer is going to take it", coupled with the fact that life were i'm living now is rather depressing and my wife is not happy at all, i agreed. I feel so stupid.

 

I went to the estate agent yesterday again during my lunch break and signed many documents got the key and returned to work.

 

When i finished work i went to the house and was horrified that i have been so stupid in signing a tenancy agreement for a property that is not fit to live in. here is what i found:

 

a) Back door can not lock shut, always open

b) Bedroom window permanently open due to missing handle

c) Wires hanging from ceiling, no light, where there are lights the fitting has come away from the ceiling

d) blocked plug sockets

e) Unsafe garden, many many loose slabs on the garden floor, falling fence into neighbor

f) filthy, rusty built in cooker that I was informed can be removed on Monday and replaced with my stand alone, now we can not.

g) missing door handles on both sides of bedroom door

h) cracked bath

i) broken kitchen cupboard's

 

I feel so stupid, and my wife is in tears as we really do NOT want to live in that area/house now even if they say they will repair everything. We are still at the same address and have not moved in. am in my rights to hand deliver the Key back to estate agent today (during my lunch break)? Is there a 14 day cooling off period for tenancy agreements like there is for other contracts?

 

Thank you in advance for any light you can shed on this for me

Link to post
Share on other sites

Hello there.

 

Please hang on in there, the forum guys will be along later, I'm sure. I can understand why you're upset, it doesn't seem to reflect well on the agent and the guys will do their best for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

You should have a grace period where you can back out of the contract, have you spoken to the agents?

Have you raised these problems with them?

If things are really that bad then I cannot see any reason why you cannot back out of this.

Did you pay a deposit?

Link to post
Share on other sites

You say it is part of a local authority scheme - I guess people here won't be able to provide much advice given that such schemes may differ from place to place and that most queries relate to private lettings.

 

Unfortunately, the normal answer would be that if you have signed a contract, you may be liable for the rent and costs until the house is re-let to someone else.

 

If they have given you a key, it sounds like you have indeed signed a contract.

 

Given that this seems to be some part of a local authority scheme, it may be worth contacting the relevant body to see whether they know that they are promoting houses with the sort of issues you describe, and what comeback you have.

 

It may be that they can initiate action to resolve these problems quickly. Most of them sound relatively easy to fix.

Link to post
Share on other sites
You say it is part of a local authority scheme - I guess people here won't be able to provide much advice given that such schemes may differ from place to place and that most queries relate to private lettings.

 

Good point steve_M I totally missed that, if this is the case then surely they would have a complaint/help procedure in place. I would certainly bring it to their attention, and if you can back it up with photo's that may help get items fixed asap so you can move in or be able to back out of the contract.

Link to post
Share on other sites

Thank you all for your replies. I will be back home (Not property in question) at 5ish and will scan over the documents minus personal details + photos for you to see this evening all being well. Thanks.

 

Yes I paid a £300 reference fee & I was asked by the estate agency to supplement the Councils £1300 deposit (the word 'bond' was thrown around) with £50. I have personally paid £350 so far.

Link to post
Share on other sites

OP has keys so could ring Council Tenancy Relations Officer to do a site inspection visit together, hopefully for lunch break tomorrow (Fri).

Not sure if OP has any 'grace period' as Contract signed on Agent's business premises, but normally there is no cooling off period for signed ASTs, esp after a viewing.

The only saving grace may be that OP has not physically occupied the property, so may only be in breach of 'contract to occupy', which could cost him ref fee & 1 month rent for LL compensation.

The Council may have a moral duty to vet properties, but no legal obligation so caveat emptor.

 

I doubt the Council provided a cash deposit, only a written bond guarantee for 6 months.

If OP did pay an additional cash deposit of £50 then this should be protected within 30 d of receipt and he should receive the stat PI.

The LA employed typical sales technique to which OP succumbed.

Edited by mariner51
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...