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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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.

Landlord threatening to keep deposit

mattb81
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mattb81

mattb81

Posted
Posted

Hi

 

Moved out of shared accommodation into my own flt but the landlord is now claiming that I have ripped the carpet and is going to keep my deposit to cover this. I vacuumed the carpet before leaving and there was definitely no tear in it and he's since sent a photo and it clearly looks like its been cut to me.

 

This man has had more money off me than I care to admit in addition to the monthly rent and I refuse to let him get any more money out of me.

 

How do I fight this? Let me know if you need any more info.

 

Cheers

 

Matt

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citizenB

citizenB

Posted
Posted

Have a word with

 

Shelter

 

http://england.shelter.org.uk/get_advice

 

If you look over to the right of the page I have linked you to there are lots of options. You can also telephone them free on 0808 800 4444

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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mattb81

mattb81

Posted
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His Dad was looking after the deposit, something I said I wasn't happy with but was ignored.

 

I didn't take photos no but he refused to agree the condition until his Dad (who was working away till the next week) came back.

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raydetinu

raydetinu

Posted
Posted

YES report to council.

Their are strict safety rules for HMO for a reason. Fire etc.

If deposit NOT protected you sue for its return immediately, through SCC.

You could also sue through county court multi track, but costs are high.

Suggest you point this out to LL and see if he responds with the return of your deposit directly.

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The Carpet Cleaners

The Carpet Cleaners

Posted
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He also hasn't declared himself a HMO... should I report him?

 

for the moment I would wait.... If he refuses to give you back the deposit, you could then suggest that he didn't protect the deposit or let you have the prescribed information in the legal way... and that the house is not registered, and you may pass the information on if your deposit is not returned.... If you report him first, then you have no ammo to use later..

I am not a solicitor :!::!:

 

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

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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mattb81

mattb81

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Is that not blackmail? Give me my deposit or I report you? I thought about that but didn't do it in case it was?

 

I think I will report him eventually but not yet want to see how my deposit being returned will go.

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mattb81

mattb81

Posted
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I've been told that the property is not an assured tenancy as the landlord lived at the property? I'm also being confused by the fact that the contract I signed names the man who lives in the property as the landlord but he's telling me his Dad owns the property and is the landlord?!

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raydetinu

raydetinu

Posted
Posted

The LL is the person who owns the property and if they do not live in property, it will be deemed to be an AST. and the deposit should be protected under the housing act.

Did you have your own room which was lockable? shared other facilities?

How and who did you pay your rent to?

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mattb81

mattb81

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So to clarify I have a contract with a Mr CT as the landlord and if refers to him specifically as the landlord. His father Mr DT is the owner of the property, therefore is actually the landlord. So my contract is invalid meaning unenforceable and therefore my deposit should have been kept in deposit protection and to not do so is illegal?

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citizenB

citizenB

Posted
Posted
So to clarify I have a contract with a Mr CT as the landlord and if refers to him specifically as the landlord. His father Mr DT is the owner of the property, therefore is actually the landlord. So my contract is invalid meaning unenforceable and therefore my deposit should have been kept in deposit protection and to not do so is illegal?

 

That's my understanding of the situation as well, matt !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Lea_HTH

Lea_HTH

Posted
Posted
So to clarify I have a contract with a Mr CT as the landlord and if refers to him specifically as the landlord. His father Mr DT is the owner of the property, therefore is actually the landlord. So my contract is invalid meaning unenforceable and therefore my deposit should have been kept in deposit protection and to not do so is illegal?

 

No, that's not a fact. If the landlord who gave you the tenancy agreement is resident, even if he is not the owner of the property, then the deposit does not need to be protected.

 

The detail of the tenancy agreement would need to be seen - as well as establishing whether the person who rented the room to you was in fact a tenant himself, and merely giving you a licence (as opposed to an AST) to reside in the property. If that is the case, then the deposit does not have to be protected.

 

That aside, you can still ask for your deposit back. Unless there was an inventory indicating that the carpet was undamaged when you moved in, and they can prove that you were the one who damaged it, then they'd have a hard time getting a court to allow them to keep the deposit in full (you can make a claim for the return of the deposit in court yourself and put them to proof defending your claim).

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mattb81

mattb81

Posted
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OK getting bit confused now lol

 

The person named on the tenancy agreement (one he downloaded off the internet and changed that is titles 'Short Hold Tenancy Agreement' declares him as the landlord. He is telling me his Dad was the landlord and had to check it (something he did two weeks later).

 

He confirmed to me and my partner that the room was fine the day we moved out, we vacuumed the carpet before moving and would have noticed a 4 inch 'tear' (still think it looks like a cut not a tear) as it's quite obvious (he sent me a picture). He's since said that as his Dad is the landlord it's up to him to check it. I've had enough of him extorting money out of me. I worked 60 miles away so was almost never there but got 'fined' almost £200 in cleaning fees for missing cleaning jobs (no one else in house had to pay just me).

 

Since his fiance has become pregnant hes openly admitted to me he's struggling for money so I knew something like this would happen. If I took this to court (I don't know how to proceed with that so advice on how would be good) would I have a hope of winning?

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