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    • just noticed that one of farages favorite poops was suggesting another stealth tax of 10 quid a month - possibly per person inc children ..   Minister proposed £10 monthly insurance-style patient charge to fund NHS dentists WWW.INDEPENDENT.CO.UK ‘Working people can’t afford another Tory tax rise,’ says Labour’s Wes Streeting   “They are framing this as some kind of pre-payment or quid pro quo, but of course, we already pay for the NHS through income tax, and in general that is a much more equitable way of doing it.” The DHSC declined to comment
    • All righty, seems I know why it was so quiet, the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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    • 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
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cb, if the deposit was protected more than 30 days after start of new fixed term AST, then a valid s21 cannot be served until deposit has been returned in full. A s8 Notice does not require deposit to be protected.

You can sue LL for failure to protect deposit, even after you have vacated. This will prob cost you £1000+ in advance Court fees and liability for all LL legal costs if you fail. Even with a win the T compensation is betwen 1-3x deposit, decided by Judge, not T.

Even then LL can pursue you for all rent owing to date of repossession and any T damage, via County Court claim.

Deposit is primarily to protect against T damage, anything remaining may be applied to rent owing at end of Tenancy only. It cannot be used until T has legally terminated.

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  • 4 weeks later...
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cb, what reason(s) did Judge give for dismissing the notice? Wrong form, inadequate notice, deposit not protected or returned? Just for our further education.

 

The case was dismissed and LL to pay all costs, I did not raise the issue of deposit, therefore, the judge assumed it was in place (I'm 100% sure this would have been added as point 3 below!), she was very annoyed at the "sloppy, home-made notice" served to me and suggested my landlord submit a "legally worded notice"......She dismissed the case for several reasons:

 

1. The notice being less than 2 months.

2.The notice must state "S21" or (any othe notice in question) as a tenant must be informed what notice is being served, in order to obtain appropriate legal advice. (I believe that some caggers debate this subject)

 

I hope that helps.......

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  • 1 month later...

Update.....The LL has now issued me with a new S21, my deposit is not protected with any scheme, for the second time now, will this automatically make this notice invalid too when it comes to a hearing in the next few months? As i am on a periodic AST now, how are the min 2 months notice dates worked out? Should the notice expire min 2 months after rent due date or day after fixed term AST expires?

 

Also, how will the LL prove that the S21 was served correctly? As it was not served to me in person (no witness), nor posted (no proof of postage), it was just placed in the communal hallway.....

Edited by confusedbunny
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If deposit not protected then S21 not valid and you can ignore, so does not matter about service or dates!

 

With regards to the deposit, could the LL not plead "an oversight" of the dep scheme terms and conditions and should not have assumed my deposit was still valid upon signing the 2nd AST, (Terms state deposit has to me re-protected once a new AST is signed)

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  • 4 weeks later...

With regards to my arrears that i owe, what action can the LL take against me? I believe he has to get a CCJ against me, right? If i agree to a payment plan to pay it back via the court, can he still get count court,high court or private bailiffs to come to my home and take my belongings regardless whether payment plan in place? (all i have is a car worth approx £1800)

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First thing he will get is a repossesion order to get property back, then baliffs to get you out. ( I thought we had been all through this ).

After that he can sue for rent outstanding, which if judge agrees can be by payments or a summary judgement and you will have to pay the lot or face court baliffs taking your posseesions ( car etc.).

 

Please wait until something happens and you have court hearing or papers, or contact from LL so we can comment meaningfully about what you can do etc.

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First thing he will get is a repossesion order to get property back, then baliffs to get you out. ( I thought we had been all through this ).

After that he can sue for rent outstanding, which if judge agrees can be by payments or a summary judgement and you will have to pay the lot or face court baliffs taking your posseesions ( car etc.).

 

Please wait until something happens and you have court hearing or papers, or contact from LL so we can comment meaningfully about what you can do etc.

 

Thank you for your reply. Perhaps i wasnt clear at what stage i was talking about regarding bailiffs. I mean after the LL has gained possession back and sues me for outstanding rent (which i plan to counterclaim) but what i mean is, if i agree a payment plan via the court to pay this back and assume i do not default on this, can the LL still instruct court/private bailiffs to take my possessions regardless of payment plan in place?

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No... once a payment plan has been set by the court, if you do not miss any payments, LL cannot set the dogs on you... If you do miss a payment then he has to go through procedure to get any other action such as bailiffs, attachment of earnings, etc..

 

If you do not default on the payment plan you are safe.

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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  • 1 month later...

My landlord will shortly be persueing me for outstanding rent arrears....... I am currently receiving ESA. I have a few queries:

 

1.Does the LL need to obtain a CCJ before he can enforce it via a bailiff?

(I am hoping to agree a payment plan via the court as I accept these arrears are my fault)

 

2.Can the LL still instruct bailiffs even if I agree to re-payment?

 

3.Can they instruct bailiffs (privately) before a CCJ comes into force?

 

Your advice is greatly appreciated.....

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..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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....

 

Thank you for your quick reply. Can the LL instruct a private bailiff separately (even if I am keeping to payments agreed via the courts)?

 

I am assuming the LL would use a bailiff and not a DCA......I guess I am trying to see what powers a bailiff does or doesn't have :(

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...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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...

 

Ok, I see, so basically, the LL can:

 

1.Instruct a private bailiff without a CCJ

(But how does a bailiff know how much to chase me for, without the amount being finalised via the courts, the LL could say any figure, without my counterclaim)

 

2.Even if I agree to a payment plan via the courts, the LL can still instruct private bailiffs? (whats the point in a payment plans then?)

 

Confusing.......:(

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The law is about to change and LL will need to pursue any rent arrears through court...but until then they can use DCA or Private Bailiffs..your best option is to try and reach agreement direct with the LL before he instructs the aforementioned.

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The law is about to change and LL will need to pursue any rent arrears through court...but until then they can use DCA or Private Bailiffs..your best option is to try and reach agreement direct with the LL before he instructs the aforementioned.

 

Thanks for your reply. Well, I currently recieve ESA, so my payment proposal will not be great and likely the LL will refuse my offers. The only item I have is a car (worth approx. £1800) which I use as I am registered disabled.....Will the bailiff take this?

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Are we talking a private landlprd , housing association, council etc? are you receiving a component to DLA for your disability? perhaps you could expand on your situation as there are several things that just might be relevant to your circumstances that has been overlooked.

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Are we talking a private landlprd , housing association, council etc? are you receiving a component to DLA for your disability? perhaps you could expand on your situation as there are several things that just might be relevant to your circumstances that has been overlooked.

 

Hi, sorry yes, I receive the DLA componant for both mobility and care, the creditor is a private landlord....

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Thanks for your reply. Well, I currently recieve ESA, so my payment proposal will not be great and likely the LL will refuse my offers. The only item I have is a car (worth approx. £1800) which I use as I am registered disabled.....Will the bailiff take this?

 

Do you receive a free tax disc?

 

If you do then the taxation class will show as Disabled and should be a clue to whoever attends.

 

Do you have a current Blue Badge?

 

If so leave on display on the dashboard as again it should have given a clue.

 

Otherwise you will need to move or hide it well out of sight.

 

Any charges that may be made will be subject to the Distress for Rent Rules but they can rack up at an alarming rate.

 

Can only urge you to contact your LL ASAP - you never know he may agree but might want a sizeable first payment.

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