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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Dear all.

 

My tenant are asking me to repair the rear fence.

However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence?

 

 

The deeds do not say whose fence it is!

Does anybody have any ideas please?

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One very common indication is to see which side of the fence supports are mounted.

 

If you have a fence which is supported by upright posts on one side - not in the middle, then the convention is that the posts are mounted on the side of the owner of the fence - the neighbours get the smooth side.

 

You can double check by having a look at the fences for the the next 5-10 houses up and down from you to see if the follow that pattern.

If you find that every garden has the smooth side on, say the left - then that is a fair indication of who is responsible for each fence.

This is not a binding test but I expect that if you presented it to a court in that way - then in the absence of any other evidence, the court would go along with it

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Another convention, that the Deeds may indicate, is that any dividiing fences are jointly owned by both neighbours. Fence posts can run along the property line, esp the concrete slot in posts. Waney lap fencing tends not to have a 'good' side.

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  • 1 year later...

Hi there -

I am renting a room to somebody who will be given free lodging in return for cleaning duties.

Any ideas how I can insert this into a lodger agreement?

 

I will be the live-in landlord.

 

Any advice will be greatly appreciated,

Thanks,

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Do you need a lodger agreement for providing free accom tied to duties

Surely a clause in Contract of Employment should suffice?

Cleaner will be your 'guest' in your home so you pay her C Tax etc.

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oh - I was not aware that I would need a contract of employment agreement.

Is there a template available for one of these please?

 

It is not something we carry, no.

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Yup, if grace and favour accommodation that goes with job best to get a solicitor to draw up an employment contract. If however, the person is a lodger that is doing a bit of cleaning in exchange for a reduced occupation charge then no contract needed as no tenancy or employment exists. Does the person have their own front door? Kitchen/bathroom- basically are they using 1 room in your house or is the space self-contained? You are not a landlord as there arent enough people for it to be a house of multiple occupation and you live there.

You can agree to a contract that says that the person live there in exchange for cleaning duties and that you will give, say, 4 weeks notice to leave should you want them to go. This will formalise things and make them clear what is expected but esentially they have no rights as they are "excluded occupants".

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  • 5 months later...

Dear all -

 

Today, I had two loss adjusters visit my property - one was a very young colleague accompanied by an experienced adviser and was apparently there just to shadow, but it became clear early on that she was there to run the meeting.

 

To cut a long story short, after grilling me rare (!) about a theft from my house which was being refurbished, I was told by the younger colleague that the meeting had been tape -recorded!

I was astonished and said that I had not been asked permission. The older colleague apologised, asked me to forgive them, that it was a "school boy error" and she would erase it - which they did in front of me. They explained that the machine was put on half-way through the meeting when I went off to get my builder's phone number from my car and that they "forgot" to tell me.

 

My question is - what redress - if any - do you think I may have against the loss -adjusters.

At the moment, my claim is still being considered - but obviously this is a separate issue. I did call the insurance company to make sure it was on the record.

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no (both women) - the experienced one told the younger one to tell me but the younger one forgot and was not reminded. So no, not a newbie error. What do I want? Compensation for illegal recording?

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Compensation for illegal recording?

 

It wasn't illegal anyway, was it?Lots of threads on here saying that you are entitled to covertly record meetings, no law against it. (Only issue is whether admissible in court if ever came to that). If you would have been entitled to covertly record the meeting then so were they - the law presumably cuts both ways!

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  • 2 weeks later...

Hi all-

Could somebody advise me if I have a claim against an agent for the following situation?

 

I employed a local agent to market my property. His sales manager in the residential side actually viewed the property and subject to me agreeing a few renovations which I agreed to, we shook hands on a 24 month AST in his offices and I was asked to serve a S21 on my current tenants who were unsure at that point if they wanted to stay and forwarded this info to the agent. My tenants had actually asked me if we would consider doing the same renovations and then they would stay.

 

To cut a long story short, my agent called me up and just said that the new tenant – his sales manager – would not be moving forward with the property

I am trying to mitigate my losses, if you judge that I have losses , by employing another agent to rent the property before the tenants move out on the 6th September – so there is still time. I have asked my tenants if they now still want to stay but they have not responded.

 

My question is: if I am unsuccessful in rerenting the property and incurring a void period – do I have a claim against the agent and his tenant for breach of contract or similar? Very surprising behaviour from two agents! I have all correspondence between myself and the agent confirming the deal including telling me to serve a S21. This agent promised he would find another tenant for me but after 5 viewings and no offers, he has given up and told me to employ another agent!

 

 

Thanks in anticipation of your responses.

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what do you have in writing? how far down the line has the notice to quit gone as you can unwind that but without some cast iron contract that has a performance related penalty clause I see little to take the agents to task with.

You could report the agency to their trade organisation for misrepresentation but that is about as far as it will probably go without paperwork

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Some quotes from the correspondence:

“As we said yesterday.. Speak to them and tell them what is happening.. At the same time serve the section 21... Tel then they can leave early if they find something, you will give them a good reference etc etc etc needs to be done ASAP or everyday it will drag out..”

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I employed a local agent to market my property. His sales manager in the residential side actually viewed the property and subject to me agreeing a few renovations which I agreed to, we shook hands on a 24 month AST in his offices and I was asked to serve a S21 on my current tenants who were unsure at that point if they wanted to stay and forwarded this info to the agent.

 

 

I've never heard anything so crazy!

 

You've mitigated your losses by offering a tenancy to the existing tenants who you have already said might have moved anyway.

 

I'd put this down to experience.

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Without sounding racist it sounds like you may have asian letting agents ?

 

With all due respect you failed.

 

Bad landlords and letting agents come in every shape and color and size and race that you can almost think of.

 

Please let us tick to the facts that are relevant to the OP here. Discussing the landlords race is not relevant.

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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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  • 4 months later...

Dear all

 

I am a landlord in dispute resolution. The deposit was £1200 and £500 was withheld due to an estimated £3500 total of damages caused by the tenant who claimed it was all wear and tear.

 

A contractor quoted for the damages and my landlord insurance paid out for the full amount after sending a loss adjuster to carefully examine the property and the checkout inventory. £500 was removed from the pay out as this was the amount withheld by the tenant.

 

My question is: When I fill in the TDS resolution, should I use the insurance payout as evidence that damage was caused by the tenants or will this weaken my case as I received 3k for the damages?

 

Thank you in advance for your responses :)

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Ins claim only shows you have made a claim for an insurable loss, not who caused it.

As Ins has paid damage claim In full TDS should only consider £500 claim for rent owing. You can't receive payment for same damage twice.

You could run an online quote for current Ins Co for next year, stating you have made a claim in last 12 months, to see what Premium is applicable for next year compared to this and subtract curr yr from next year 9the 'additional premium' and ask Ins Co if that additional premium for claiming will reduce over next 5-6 years and by how much pa. Add all annual additional Premiums together (what T damage will have cost you for making a claim) and add this to the £500 . Let TDS decide, but don't withhold any rel info about claim. They should allow additional premium claim to restore your Ins position to before claim.

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Ins claim only shows you have made a claim for an insurable loss, not who caused it.

As Ins has paid damage claim In full TDS should only consider £500 claim for rent owing. You can't receive payment for same damage twice.

You could run an online quote for current Ins Co for next year, stating you have made a claim in last 12 months, to see what Premium is applicable for next year compared to this and subtract curr yr from next year 9the 'additional premium' and ask Ins Co if that additional premium for claiming will reduce over next 5-6 years and by how much pa. Add all annual additional Premiums together (what T damage will have cost you for making a claim) and add this to the £500 . Let TDS decide, but don't withhold any rel info about claim. They should allow additional premium claim to restore your Ins position to before claim.[/quote

 

Thanks.

 

However I am not claiming for damages twice. 500 pounds was deducted from my payout because I had withheld it from the deposit. ..so not paid in full actually.

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