Jump to content


  • Tweets

  • Posts

    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Small claims action against letting agency


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3496 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

I have taken a lettings agency that let my property to the small claims court and have received a judgement as they defaulted and did not reply to the summons.

 

The judgement was mailed to them on August 3, so they have received it by now. I have sent a polite but firm email requesting payment in full within the next 7 days, but I'm anticipating that they will ignore this.

 

The next potential step is enforcement via a third party debt order, but it states in the instructions that I must appear in person at the court when this goes to the judge. I'm resident in the USA, so this isn't practical. Does anyone know whether this can be done by Skype?? If it can't then what type of enforcement would be best?

Would appreciate any help and advice - thanks in advance!:-)

Link to post
Share on other sites

If you made the claim using the online claims form there is a step that allows you to use the court bailiff for recovery. If used to cost £75 but this should be added to the monies recovered if you fill out that box. Recovery from a business is easier than from an individual as the court bailiff cannot be refused entry to a commercial premises.

Link to post
Share on other sites

What is the value of the Judgment order ? If over £600.00 then you can instruct an HCEO.

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

Link to post
Share on other sites

Recovery from a business is easier than from an individual as the court bailiff cannot be refused entry to a commercial premises.

 

Yes he can he has no automatic right of entry, it must be by peaceful means. On the other hand a HCEO has the right to force entry to commercial premises.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Yes he can he has no automatic right of entry, it must be by peaceful means. On the other hand a HCEO has the right to force entry to commercial premises.

 

I've looked at all of the options for enforcement of the judgement and a bailiff I belive can take goods, but not goods that pertain to that person or business's work. The letting agents have an office, but it's filled with computers, desks and office equipment, so that route didn't look that good to me as I can't imagine there would be enough qualifying goods to the value of my claim. Whereas if they had their bank account frozen and the judge made the order to deduct what I'm owed from there, that seemed to me to be the more productive path.

 

Would welcome your opinion guys, and thanks!

Link to post
Share on other sites

Just had an email from them saying they are still fighting the judgement (claiming their paperwork not received by the court). So, looks like I won't be at the enforcement stage yet. After this experience I will never let my house out again :sad:

Link to post
Share on other sites

Check with the court, have they filed to set the judgement aside and on what grounds?

The fact they have said they have not received the judgement order is irrelevant, but they can apply for it to be set aside if they have a valid reason ( just saying you did not get it is not enough ), up to judge ( he may throw it out ).

May take a bit longer then!

Link to post
Share on other sites

I think what they are saying is that the court did not receive their original defence within the time limit allowed , and therefore the court awarded judgement to me by default.

I think they are planning to resubmit their paperwork so we'll see what the judge says about that. Either way, I'm not prepared to drop this issue. They were a bleeping nightmare to deal with the whole time they had my property to let and even if I just cause them a headache, it's working for me!

 

Thanks for taking the time to reply, it's much appreciated. I'll let you know how it goes.

Link to post
Share on other sites

Here is a link to the CPR which covers Third Party Debt Orders :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 4 weeks later...
  • 1 year later...

Hi everyone,

Well, the judge set aside this judgement in early October on the basis that I wasn't present. This was in spite of the fact that they knew I lived in the USA and had written to them to ask whether I can join proceedings by skype of conference call. No response received to my letter.

 

Do I have any further choices, or is this it?

 

Thanks for any advice.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...