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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Hi.

 

Cut a bad story short,,,Tenant never paid rent for 6 month then left property overnight leaving a trail of destruction for my mate to resolve, now my mate has collection agy chasing him for unpaid gas and electric? they say he is responsible?

 

Who is right and who must pay ?

 

Thank you

Regards..Mr Worried :)

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Sadly I believe the LL would be responceable if he opened the accounts. If T opened the accounts then im not sure that might be different ball game. Im not sure on this though someoen may confirm or deny this for me :)

 

6 months behind rent? No deposit?

Type of tennany?

Why did LL not evict after 2 months?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi, there was a lot of towing and frowing with tenant re eviction etc, a big big mess, deposit was not sufficient to pay damage etc. really need to know who is liable for outstanding bills.

Regards..Mr Worried :)

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Was this a private rent or through an agent?

 

Sabre, It can take a long time and cost a lot of money to gain possession of a property . The tenant has to be two months in arrears before you can even issue a notice etc etc

Any opinion I give is from personal experience .

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It was a private rent, basically my mate collected rent etc, and when they stopped paying it got messy and then he got no payment for 6 month circa 3k. now a company called ccsc from surrey are hassling him for the electric bill which remains unpaid by the tenant,

Regards..Mr Worried :)

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for utilities (form Landlords association

 

Is the landlord or tenant responsible for gas and electricity charges?

Key Points

 

This guide is designed to ensure that you are aware and understand who is responsible (landlord or tenant) for gas and electricity charges within any properties that you let.

Key points within the guide include:

 

  • If you own a property that you currently occupy, or own a property that is currently empty, you will be responsible for any bills or charges that may apply.
  • If you have a tenant within the property, you must ensure that in the tenancy agreement it is clear who will be responsible for payments. This may include measures such as changing the name on bills, or receiving payments directly from tenants.
  • Tenants will need to notify providers of move-in dates and meter readings, this can be done over the phone, online, or through written communications. Tenants will not be responsible for any previous charges or arrears.
  • Please note that anyone who puts their name(s) on a utility bill will ultimately be responsible for any outstanding charges. Multiple names on a bill will place responsibility on all names on the bill if payment is not fulfilled; regardless if one pays their part while another does not.
  • Finally, the contract between consumer and supplier will end with vacancy notification – usually requiring notification of at least two working days – for tenants, or if a new owner takes on the property. If a tenant vacates and there are no new tenants, the owner of the property will be responsible for any payments.

Contracts and Liability

 

1. Liability to pay may be under an express contract entered into with the electricity or gas supplier, in which case it is the customer under the contract who is the bill payer. An express contract may be made in a number of ways (e.g. by written application or on line). It will incorporate the supplier’s standard terms and conditions. These will make provision for when responsibility for payment ends – see further below. 2. Alternatively, as is sometimes the case, where there is no express contract, under the Electricity Code or Gas Code there is a deemed contract. The Codes provide that where an electricity or gas supplier supplies electricity or gas to a property, otherwise than under an express contract, the supplier is treated as contracting with the occupier (or the owner of the property if the property is unoccupied) for the supply as from the time when the supplier began to make the supply. In effect if a new occupier, or the owner (where the property is not lived in), starts to use electricity or gas then the supplier begins to make a supply for these purposes so a contract is made. The terms and conditions, of this deemed contract, are laid down by each supplier in their own terms and conditions. By taking a supply you become the bill payer even in the absence of a written request/agreement. Changes in responsibility

 

3. Usually under a supplier’s terms and conditions it is provided that the current bill payer ceases to be responsible for paying once they are no longer the occupier (or the owner) of the property provided they give notice (usually two working days) before vacating. Otherwise, liability terminates on the first to occur of (i) the date (again usually two working days) after a supplier has been notified of vacation (or of a new occupier) or (2) the date that electricity is supplied to the property under a new contract (i.e. to someone else). This may be a new contract signed up with the supplier or it may be under a deemed contract as provided for by the Code because a new occupier (or the owner) has started to take a supply.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Maybe your friend should look at tracing where the tenant moved to. It might be costly though. But if any more "debts" resurface they could be sent to eh right place.

 

Im betting they left no forwarding address.

 

If he can trace them he could initiate a small claims but would only be worth it if the tenant could actually pay.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi, He knows were they live and went to confront them over the bill, they laughed at him etc, he gonna have to cut his losses and move on from this.

Regards..Mr Worried :)

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Does this person have any known assets? If yes, then this is the kind of situation where you use an aggressive litigation strategy and send bailiffs round ASAP.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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That's unfortunate. No point suing them or making them bankrupt in that case.

 

Your mate does have 6 years to bring a legal claim, so it is worth trying to make sure that everything is properly documented, just in case they manage to acquire any assets in a few years time.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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