Jump to content


  • Tweets

  • Posts

    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
    • Hello to all on this wonderful forum! I have just joined and hope to be able to share my experiances and knowledge with you all whilst also benefitting from others.
    • The top ranking highlights China's growing influence on the word economic stage. View the full article
    • read it properly, doesn't say will anywhere. i don't think we've ever see any of these threats go anywhere.    
  • 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
      • 31 replies

Eviction proceedings 28th September with non tds compliance


Please note that this topic has not had any new posts for the last 2705 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

We have received court papers for possession of our rented house, the case is due to be heard on 28 September 2013.

 

The landlord has failed to and refused to place our deposit in a TDS. We have proof by way of signed receipt from the agent that the deposit was received, it is also in our tenancy agreement that it has been paid.

 

Is the correct way to go about claiming deposit back and compensation by using the counterclaim section of the landlords claim for possession? or would this have to be done in our own separate claim?

 

Is it worth me doing it? or should I involve one of the many firms who are currently doing No Win no Fee?

 

thanks in advance for your help AGAIN!!! these forums have been so helpful to me in the past to which I extend my gratitude.

 

thepalace1

Link to post
Share on other sites

Did you receive a s8 or s21 Notice for repo?

Only s21 requires prior deposit protection to be valid

Not sure if s21 no fault procedure allows for counterclaim on grounds of deposit non-protection

1-3 x deposit compensation claim requires CC multi-track procedure, which would require you to pay £1K+ in up front Court fees initially, and exposure to sig defence costs if you lose, plus prob cost of barrister to argue your case in Court

Link to post
Share on other sites

We need to know basis of claim for repossession, so presume the notice date has passed.

You cant claim deposit back until you have moved out, or it is not protected.

Link to post
Share on other sites

Notice was given by way of section 8, Rent arrears, we had been receiving Housing Benefit through ESA claim, which was stopped due to 0 points on assessment, we are actively appealing this and hope that the HB payments will be backdated...

Link to post
Share on other sites

I assume s8 included ground 8, more than 2 months rent owed. This means mandatory repo order if arrears are not below 2 months by Court date. With s8, deposit protection is not required but you can still separately claim for non protection in another Court if you can afford the up front Court fee.

LL could ask Judge hearing the s8 for a money claim for rent arrears in his Judgement. This could leave you with a CCJ if not paid in full within 28 days.

s8 repo order may also prevent you seeking Council help with perm re-housing as it is classed as making yourself 'intentionally homeless'.

Best bet - get arrears to below 2 months rent before Court hearing.

 

ESA assessment zero points does not bode well for appeal (in-eligibility?)

Link to post
Share on other sites
Notice was given by way of section 8, Rent arrears, we had been receiving Housing Benefit through ESA claim, which was stopped due to 0 points on assessment, we are actively appealing this and hope that the HB payments will be backdated...

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?385460-Failed-to-Attend-Medical-for-ESA-at-Atos-**-DECISION-REVERSED-**

 

When was your housing benefit stopped and how many weeks rent are you in arrears ?

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

In fact, we qualify for over 45 ESA points on re-examination of the descriptors, and over 70% going to appeal are succesfuly, so I dont entirely agree with your point on that matter, but thank you

 

 

If we win appeal, 90% of our rent arrears will be paid off

Link to post
Share on other sites
In fact, we qualify for over 45 ESA points on re-examination of the descriptors, and over 70% going to appeal are succesfuly, so I dont entirely agree with your point on that matter, but thank you

 

 

If we win appeal, 90% of our rent arrears will be paid off

 

That wasn't the question I asked you !

 

Can I ask you when was your housing benefit stopped and how many weeks rent are you in arrears ?

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

Your housing benefit will have stopped as you are no longer eligible for Esa after gaining 0 points. You may still qualify for Housing Benefit on the grounds of having no income or low income. You are also eligible for Esa to be paid at the assessment rate of £71 ish whilst you are appealing the Dwp decision, to qualify for this you will have to send in unfit/fit notes in to Dwp from your GP.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...