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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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Moving out in two weeks. No TDS...


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Hello everyone,

 

I am new to the site and, having read some extremely helpful information regarding tenancy deposit schemes, I wondered if someone might be able to help with one issue that I am yet to figure out.

 

I recently informed my landlord that I would be moving out of my property of over five years (moved in Aug 2007). Everything has been very amicable up to this point, but we have just found ourselves feuding over my deposit. Last week he called to tell me that he never received my deposit (i.e. it was never forwarded to him from the agent dealing with the tenancy). As a result, he has essentially dumped the task of locating it on me.

 

I have been in touch with all TDS schemes and none of them have any record of the deposit with them. I firmly believe it was never registered. I have proof of payment to a company called IPM, who are no longer trading. The request to pay the deposit to this company came from his agent, Sequence (William Brown specifically). I also have proof of this.

 

Realising that the deposit was unprotected, I issued a letter requesting that my deposit be placed in a TDS. He has refused on the grounds that he never received it and has suggested that it is my problem. Now, I understand that I should be issuing a letter before action, informing him of his obligations, but I'm a little uncertain of my next move. Given that I move out in two weeks, I fear that I will not have time to clean the property to the expected standard before I leave. I am not prepared to spend money cleaning the property until I know my deposit is safe, yet I do not want him to protect it with one day of my tenancy left and then sting me for the work that needs to be done because I didn't have the time to complete it. Should I wait, or should I issue a letter before action now, with a short turnaround time, explaining that I need a prompt response in order to give me time to clean up and have a chance of recovering my deposit? Or, of course, should I bite the bullet, get the place up to scratch, and use the fact that I have fulfilled all of my obligations under the rules of the tenancy agreement to support my case? I wonder if it would be easier to wait until after I've left, but I don't want to appear to be playing games to the court, should the case get that far.

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first question. Was there an inventory when you moved in ?

If so, LL has got something to compare the condition when you move out.

If not LL has nothing to compare with and therefore has no reason to withold any deposit.

 

The deposit is HIS problem NOT yours. Issuing a LBA for the protection of the deposit is a waste of your time, it is a long and lengthy, and expensive process to sue LL for lack of protection.

 

My suggestion is this: clean the place up to a very good standard, take photos, get written confirmation that you have ended the tenancy by mutual consent, and then ask LL for the deposit back in writing with proof of posting.

If you hear nothing within 10 days of end of tenancy, send a LBA to LL for return of full deposit, and if not forthcoming then issue a small claims court summons to him. Without and inventory, or with your proof of cleaning LL should have no or very little defense. The judge will then award the deposit repayment he/she thinks fit.

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

 

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Thanks for the advice. There is an inventory and we will leave the place in good condition. I expect he'll refuse to pay deposit, claiming that he never got it from his chosen agent and that I'll have to chase it up, so I'll start proceedings then.

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I still have the bank statements. I have the letter from the agent requiring payment and an HSBC headed printout detailing the payment. The deposit is referenced in the tenancy agreement (says it is to be held by the landlord until the end of the tenancy). He has initialed this.

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Have I got this correct?

You paid the deposit to the LL's agent?

The LL failed to get it from their agent?

The LL failed to protect it in a recognised deposit scheme?

 

If I've got that correct I don't see how it is your problem, rather than the LL's problem?

 

What else is the LL asking of you / advising you should have done?

Are they saying you shouldn't have paid it to the agent of their choice? That you should pay a deposit twice?

I suspect they won't admit to anything in writing, but I don't see why they should withhold your deposit other than for damages or reasonable cleaning costs.

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He is essentially saying that once he's happy that the flat is in good order then I am welcome to try and find my deposit and if I ever do locate then he won't demand that I share it with him. Which is nice...

 

If he is not happy with the flat then I do have to pay him from my deposit. If I can't find it, he says I can pay out of my pocket or be taken to court. He's coming over tomorrow. If he doesn't bring gifts from his recent trip to cloud cuckoo land, I'll be very upset.

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Hi davewil82

 

As has been pointed out if their is NO move in inventory then NO proof of condition of property.

 

The Landlord is solely responsible for your deposit NOT any agency as they are working on behalf of the landlord therefore its Landlords Responsibility not YOURS.

 

If it has past 10 days you need to follow the prescribed course of action and send the Landlord a LBA (Letter Before Action) for the return of your deposit (always ensure you get proof of receipt).

 

NOTE: only follow this course of action if you are going to follow it through to the end i.e. court.

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It may be hard to sue for failure to protect the deposit.

 

But it is not hard to write a letter saying that unless the deposit is returned you will sue for its return or for its lack of protection "which may involve a judgement against you for £XXX" where XXX is the deposit plus three times the deposit.

 

Include photocopies of some of the evidence of the deposit being paid.

 

The LL cannot be sure you won't sue him for protecting the deposit.

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