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    • pop up on the MCOL website detailed on the claimform. .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked.  click thru to the end  confirm and exit MCOL.  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   ……………...   lots of vcs berekeley claimform threads here use our search top right.   get reading up.    
    • Yes, The Motor Ombudsman. To be honest, I don't know a huge amount about how exactly they operate. It was just the route I was recommended. I've been in touch with one of their board of directors to get more answers about my case, and it was exactly what I'd feared, so am trying to investigate as much as possible myself to find out exactly who can be held financially accountable to either provide them with those details and/or know who to take to court.   Whole story is quite long, but essentially I purchased the vehicle back in January 2018. Within a week faults became apparent - faults that they knew about but said it was just a 'dash light malfunction' and it would be fixed before they handed it over.   Took it back to them to fix once I realised I couldn't drive it in that condition. They had it for a week or two despite calling me a couple times to say it was ready to pick up. Finally got it back and had the same gearbox issues but even worse. Took the car to another garage who estimated damages to be £2500+, so took the car back and requested refund. That kicked off the whole process and of course they denied refund saying I should go through their 'warranty program', which wouldn't cover it all anyways.    I then took it to TMO, who then decided I needed to get another opinion so we went straight to a VW specialist as the car was VW - they estimated min £3000. Resubmitted that to TMO and it's been ongoing.    Received a final decision on 01 Feb 2019 in my favour granting full refund, but I have had no contact or update since then, despite attempting to call and email numerous times.   I've brought my case to the attention of two MPs, however imagine they are extremely busy at the moment given the current climate.   I have then called Citizen's Advice to find out what further steps I can take, and they've recommended small claims court.   I wanted to get all the information from TMO first before I consider/start going down this route so I've reached out via LinkedIn to some of the board of directors for TMO which has been successful and I've actually received an update, although it's what I feared and expected. That said, he assured me they would be meeting about it today to investigate further who can be held accountable/whether they're still trading, etc. I can't trust a speedy investigation given it's been 28 months already so I'm now trying to look into it to find more information.   I gather the parent and registered company is under Crown Motors Direct Limited, which might be owned by Ahmed Al-Waheeb and/or Nadjeem Kheloufi. They do still look to be actively trading locally under Chobham Central Garage. I've been in touch enquiring about a car and asked for Nadjeem, who they said I must mean 'Nathan'.    On companycheck it reckons the below, this is the company linked to director Ahmed Al-Waheeb. Not sure how reliable that information is.   Another interesting link is https://beta.companieshouse.gov.uk/company/09967993/filing-history - confirmation statement was made on 31 Jan 2020, and 17 Jan director Ahmed changed his DOB and address.
    • Getting to the point of my post, I took an Egg loan for £4000 in February 2001, paid it for 7 months before becoming unemployed and defaulting on the loan. Much happened at this time and I ended up moving a lot as well as being technically homeless.   I finally got settled and entered into an IVA with Eversheds for £5.00 per month in June 2005 and have since been making payments.   My issue is that having paid over £2,900 the balance is still in the region of £3,147.86!   I DSAR'd Egg back in 2011 and have the information in the attached PDF. According, to their own information they defaulted me 29/04/02 when the balance was £3,697.39 and marked non-acrr. The balance remained the same, or at least no changes shown until 20/11/02 when a £60 "Waive Fee" and £226.04 "Bad Debt Charge Off" fee increasing the balance to £3,983.43   Next change is when the loan account is sold to Arrow and the balance becomes £4,859.43!   Opinions and advice very welcome!   PDF Doc via Google Drive https://drive.google.com/file/d/1b39Rq3YZm7CdXDl8p_tITqf5aR5fckVp/view?usp=sharing        
    • agreed, you need a wills and probate experienced lawyer, don't try and do it using a self serve will kit, they're not much use at all.
    • When you say TMO, I suppose that you are referring to The Motoring Ombudsman. I don't know very much about them and I don't know whether their decisions can be enforced directly in the County Court. I will have a look. Meanwhile, please can you tell us the whole story of what has happened and the value of this problem. Even with small claims – you can win but you can still have difficulty enforcing the judgement and that could well be the case here. Do they have a premises? Do they have vehicles there? I'm asking this question is because I'm trying to find out if they have assets against which a judgement could be enforced – and I mean assets which wouldn't simply disappear
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Hello,

 

We have just given notice to vacate our property after after being here almost 3 years. We signed a 6 month AST back in 2012 and have been on a rolling contract ever since. About 9 months ago we received a letter informing us that our tenancy was being transferred to new agents as ours were retiring abroad, and have since had several inspections from the new agents, but signed no new contracts or agreements.

 

Our contract with the original agents was quite basic and reflected the state of the property. We asked about paying a higher deposit as we had pets (something we’ve always done before) and having the property professionally cleaned when we leave (also always done before) but were told that it was not necessary, and the contract reflects this as nowhere does it state either. The inventory actually describes the carpets and walls as “grubby, stained and marked.” Under "checking out" it says that we need to leave the property clean and tidy, and ensure items listed in the inventory are returned to their original position. Thats all.

 

We have now received a checklist from the new agents of things to be done prior to vacating, and it includes getting the carpets professionally cleaned and proving so with a receipt. Do we have to do this? We have no contract with this agent, and I appreciate they have high standards, but the previous agents and landlord didn’t and I don’t think it’s fair to expect us to make good marks and stains that were there when we moved in. It hadn’t even been dusted or cleaned when we moved in – it was awful. We will obviously clean from top to bottom and leave it in a much better state than when we moved in.

 

Similarly, we asked for permission to decorate and kept colours neutral as requested – light blue that used to be dark brown, and white that used to be lemon. The checklist asks that we return all walls to their original colour.

 

It also asks that we clean the windows externally – which has never been done by the looks of it!

 

Are we within our rights to question these requests? Or is it a case of, they have our deposit so have got us over a barrel?

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It would be my opinion that if you do not have a contract with this agent, that the original contract stands.

 

I would still think that you would need to have the carpets cleaned and perhaps provide a receipt, especially if you have pets. However, if you had permission to paint the walls and there was not mention of returning them to the original colour on leaving, then I cant see they would be able to penalise you for that.

 

I am not sure about cleaning windows, although I would have thought you would have done that anyway. Mowing the lawn, yes.. but weeding !!

 

I am sure you will receive other comments during the day when people are back from their day jobs.


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Thanks for your reply.

 

I’m not sure why we should have to have the carpets professionally cleaned. This has always been something that we have agreed to in advance with previous letting agents, and we have always moved in to properties that are clean and tidy. It definitely wasn’t done before we moved in and to be honest, the carpet needs replacing - it's gross. How can they ask us to do something that wasn’t agreed to before? What is the point in having a contract if they're just going to make additional demands anyway?

 

I deleted the part in my original post about gardening, because we do do that anyway lol, but it just narks me that we are expected to leave it in a superior condition to when we moved in. Even the wheelie bins were full when we moved in, and yet they’re expecting us to empty ours, even though it isn’t bin week the week we move out!

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I do hear what you are saying, it does seem very unfair. However, they do have your deposit and whilst it might not be lawful that they keep any of it.. it could be a long slog getting it back if you have to take action against them :(


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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

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Have you put your concerns about what they are expecting in the absence of a contract or agreement, in writing to the agent ?


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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

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you need to email the agents and describe what you are prepared to do as previously understood from the original agreement and get them to check with LL if acceptable and see where you go from there.

If carpets need replacing, not worth cleaning them!!!

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AST is not a Contract with LA, but with LL (LA may have signed it as LL agent).

After 3 yrs (or even 3 mo) I would expect routine cleaning of carpets and windows, inside & out, to be normal T resp.

However, you can return property in any condition you wish and rely on ADR to determine, from move in/out condition reports, whether any deductions claimed, are 'reasonable'. You can minimise your risk by doing some/all of work suggested.

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Sounds like the new agents are just putting out their standard requests. They may not even have the original inventory. I suggest first step is to write to them with a copy of the original inventory and making the point to them that you should not be asked to leave a property in a better state than it was when you moved in, and the inventory is the evidence of its condition at the beginning of the tenancy. Also send them a copy of your current tenancy agreement pointing out what it says about your obligations at the end of the tenancy. It's quite likely that whoever is dealing with it has no idea you aren't on their standard tenancy agreement. They're just assumed all their tenants are on their normal AST form but you aren't. I doubt that whoever deals with check outs bothers to read the file.

 

Most importantly though, what does the tenancy agreement say? There's usually a whole section on maintenance and cleaning. The agreement we had recently said specifically that the tenant had to keep the interior and the fixtures and fittings "in the same decorative order throughout the tenancy" except for fair wear and tear. It did also say that the tenant had to get the premises professionally cleaned at the end of the tenancy so if yours says the same you may have to do it notwithstanding the condition when you moved in. But if it isn't in the tenancy agreement I don't think they can impose it. But as others have said, the legal theory and the practical position may be different.

 

I'd have thought a requirement to clean the windows is reasonable, I wouldn't quibble about that.

 

You never know, when you put your points to them they may just say you don't need to.

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