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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Out of the country for an oral examination court hearing.


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I have an ongoing dispute about solicitors fees which ended with me receiving a ccj even though I have disputed the amount.

The ccj was served on an old address so I was never aware of it until last year.

The company has sent me a court order for an oral examination hearing but I am out of the country. They have told me very aggressively, I must attend or be arrested!

I'm moving out of my home and going abroad for 6 weeks for family reasons. Everything is booked in terms of flights and accommodation so I would lose a lot of money. Am I still expected to attend!? What will happen if I don't!?

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You could send proof into the Court and ask the hearing date to be moved, otherwise the solicitors are correct that you could go to jail for failing to attend the hearing.

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You could send proof into the Court and ask the hearing date to be moved, otherwise the solicitors are correct that you could go to jail for failing to attend the hearing.

 

Ok so it's a valid reason not to attend as long as I provide proof?

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Well I can't rearrange my plans, there's no way. Other people have booked things based on me being there so I'm not wasting everyone's time and money. I only received notice last night and the hearing is on Tuesday, is there not some kind of minimum notice period?

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If the hearing is on Tuesday, when are you leaving the country ? You would need to deal with this today I would think and have a definitive response from the court, else I can see you being arrested on your return at the airport ?

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I was made aware of it in 2013 and have had an ongoing dispute with the company. Last year I applied for a set aside but due to an emergency couldn't attend. (Unfortunate I know!) I didn't hear anything more from the company until now, nearly a year later! Maybe stupidly on my part I haven't done anything about it in that time but it's not very fair that neither have they, then a year later I'm expected to jump!

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As I say, you need to deal with this today then.. telephone the court at which the hearing is to be held and see what they can advise.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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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If the hearing is on Tuesday, when are you leaving the country ? You would need to deal with this today I would think and have a definitive response from the court, else I can see you being arrested on your return at the airport ?

 

That won't happen.

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I've read online that it should be served no less than 14 days before so I'm hoping it'll be ok!

 

Ok, so exactly when and how did you receive notice of the hearing? Was it personally served on you or just put in the post?

 

When did you book your holiday? If you were served in time would it have made a difference?

 

CPR 71.3(1) states "An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing."

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I received the notice last night, it was personally served at my home address. I booked the holiday around a month ago.

 

I have spoken to the court and they have told me to email them and it will be at the judges discretion. Hopefully the fact it wasn't served with 14 days notice will go In my favour.

 

I cannot afford to lose this money, plus I'm homeless as of Sunday! :/

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Let the court know of any forwarding address.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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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I would just add that, since you did not turn up to the set aside hearing and since that hearing was several months ago, it sounds like there is now no realistic chance of getting the CCJ overturned. You will have to pay and, if you cannot afford to pay, should try and set up a payment arrangement with the creditor.

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