Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
    • You've been here since 2013 so you must be aware that the tell people all the time to read our customer services guide and to record their calls. We try to remind people that if they don't record their calls then sooner or later they will regret it. I think if you do anything morning telephone you should have read our customer services guide first because then you would have the evidence you need to persuade people that you did take the action that you saved it. I suspect one of the problems it will be managing to establish that you let people know in advance. If there is a delivery which signed for that you may find that Amazon and also your bank may not be very happy about helping you out. Although the bank may activate the chargeback, they may later on after a further "investigation" for the money back from you. Suggest that you send Amazon an SAR.  
    • Thanks. Do I go to the bank and ask for this, or is this something I have to apply for outside the bank?     
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
icemonkey

Landlord taken my possessions in lieu of rent

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2155 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

Ok... I was staying with friends near manchester, it then became a formal agreement (paid in part by benefit and part cash). They proved to be quite odd people so I went in search of work in London, found work, after about 5 weeks in London at friends places I decided to move here so I informed my landlord I had some money, and wished to return to collect my possessions and settle up the money I owed them for keeping my stuff in their home.

 

They immediately put all my belongings into storage at another of their properties, opened my post (looking for an "address") sent me a (dishonest) bill and claimed further debts I know nothing about. In my post are cheques for the work I have done that I cannot now get.

 

This put me into quite a bad financial position as I was unable to move into the bedsit I had planned as they have my post and all my tools etc. Ive been running about trying to make up this impossible sum. They are now threatening me with further legal action and interest.

 

To make matters worse I am in the middle of custody battle/access battle for my daughter and they are withholding my legal documents and post.

 

I have no doubt this is because they want the valuable mountaineering equipment and tools I left behind with them. They wont even let me inspect them, or have a friend look at my items.

 

What do I do now?

Share this post


Link to post
Share on other sites
Ok... I was staying with friends near manchester, it then became a formal agreement (paid in part by benefit and part cash). They proved to be quite odd people so I went in search of work in London, found work, after about 5 weeks in London at friends places I decided to move here so I informed my landlord I had some money, and wished to return to collect my possessions and settle up the money I owed them for keeping my stuff in their home.

 

They immediately put all my belongings into storage at another of their properties, opened my post (looking for an "address") sent me a (dishonest) bill and claimed further debts I know nothing about. In my post are cheques for the work I have done that I cannot now get.

 

This put me into quite a bad financial position as I was unable to move into the bedsit I had planned as they have my post and all my tools etc. Ive been running about trying to make up this impossible sum. They are now threatening me with further legal action and interest.

 

To make matters worse I am in the middle of custody battle/access battle for my daughter and they are withholding my legal documents and post.

 

I have no doubt this is because want the valuable mountaineering equipment and tools I left behind with them. They wont even let me inspect them, or have athey friend look at my items.

 

What do I do now?

 

 

You may I think need to seek local qualified legal advice, retaining your post which contains cheques and legal document is a matter for police I believe.

 

 

Go to a local police station and insist on speaking to a senior officer (inspector or above) explain fully what has happened have addresses to hand.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Thank you. The silly thing is that they have done all this by email, so its all in writing! Im not too sure quite what is legal and what is not. Ive been told that Tort Law does not allow for this type of action. I am a bit more than confused.

Share this post


Link to post
Share on other sites
Thank you. The silly thing is that they have done all this by email, so its all in writing! Im not too sure quite what is legal and what is not. Ive been told that Tort Law does not allow for this type of action. I am a bit more than confused.

Hello icemonkey ,

 

 

The withholding of your personal post and the fact that cheques are contained in the letters is illegal and a police matter.

 

 

Are you in a position to make a county court claim or a counter claim to any action the LL may take.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Im currently kind of homeless and penniless, but will look into the county court claim. I was curious if withholding personal possessions in lieu of rent was legal? Ive read elsewhere on this site where it was not.

 

Oh and to clarify, I do not owe them the sums they claim I do - this seems more likely that they want to steal my equipment and tools. I had always planned to pay them the verbally agreed amount for storing my stuff while I was away, it was only when they received my email that I had a job and an income that they demanded thousands of pounds in rent for the time I was away.

Share this post


Link to post
Share on other sites

I would also start by making a police report, and then by opening a court claim for return of the goods. They may counterclaim for the debt they are owed, but if part of the debt they are claiming is not legally justified that will be plainly revealed at court and dealt with.

 

Start with a formal 'letter before action' setting out your position, and your intent to issue proceedings if the issue is not resolved within a specific time frame. The normal time frame is 14 days but I think you have justification to make that shorter here. Follow through if they don't respond in time. You can also send a separate letter marked 'without prejudice' setting out a clear and simple proposal for how you think the dispute can be resolved without going to court. You should keep settlement negotiations in a separate letter, because otherwise the letter needs to be shown to the court.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
Im currently kind of homeless and penniless, but will look into the county court claim. I was curious if withholding personal possessions in lieu of rent was legal? Ive read elsewhere on this site where it was not.

 

Oh and to clarify, I do not owe them the sums they claim I do - this seems more likely that they want to steal my equipment and tools. I had always planned to pay them the verbally agreed amount for storing my stuff while I was away, it was only when they received my email that I had a job and an income that they demanded thousands of pounds in rent for the time I was away.

 

 

Depriving you of your post and cheques is most certainly a police matter.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

As mentioned above, the opening of your post is a criminal offence. Do you have proof they were opening it?

 

And as you speculate the landlord cannot simply withhold your goods. More than that they can be liable for any damage which occurs to your possessions whilst they are holding them.

 

However, did you have any sort of written tenancy agreement where there may have been a clause allowing them to withhold goods in lieu of payment? (I assume not from your posts).

 

As stated above, reporting the mail problem to the police and sending a letter before action to the landlords is the best place to start.

Share this post


Link to post
Share on other sites

Yes they sent me an email saying they had opened my post.

Share this post


Link to post
Share on other sites

I do not have a copy of the tenancy agreement as they have all my papers... Basically its all in writing via emails. Very annoying.

Share this post


Link to post
Share on other sites

You may quote the Postal Services Act 2000 which provides as follows:

 

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

 

See http://www.legislation.gov.uk/ukpga/2000/26/section/84.

 

I would report them to the police right away to add pressure. It is important to act quickly in this kind of situation. If you don't act the landlord will keep adding interest to the debt and will just keep your goods.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...