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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Landlord deducting tenant's deposit for unfair reasons.


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Hi All,

 

I'm a tenant. I have lived in a property for 2.5 years. Recently ended the tenancy. My landlord is now not returning my deposit because he is saying I have made some damages. I totally disagree to all his claims. Below is the series of events that happened in the order.

 

1. First day of the tenancy (D1) landlord, letting agent and I took the inventory before move in. I and landlord signed the inventory list but the landlord didn't give me a copy. I asked him few times but no response. Till today I don't have that copy.

 

2. Last day of the tenancy (D2) landlord and letting agent did the move out inventory check and I was quitely cooperating with them without any rush. After inventory check was complete landlord said there are no claims as everything is clean and clear. I took the photos of that move out inventory list from my mobile phone. I handed over the property keys. I left the property. But few mins later I realized that I forgot to take signature on the move out inventory check list. Then immediately I called the landlord to inform him that I forgot to take his signature on the inventory list. He said he will sign it and send me the copy. I sent him a text to confirm this. But he didn't reply at all that day. Till today I don't have that signed copy.

 

3. Next day (D3) he sent me a email with the big list of damages and said he will deduct £480 from my deposit of £1500.

 

4. I replied to him on that day (D3) saying I disagree to his claims, as I'm genuinely not responsible for those damages. I'm pretty sure he has damaged them himself and wants to suck money from me. I looked at repairing cost for them in internet and to fix all the damages he listed it will cost not more than £15. But he is claiming £480 which is ridiculous! His flat is nearly 30 years old so he wants to replace these things with brand new materials from my money.

 

5. Next day (D4) he sent me another big and threatning email asking me to agree to his claims.

 

6. That day (D4) I phoned the company who has secured my deposit. They insisted me to raise dispute against my landlord's claims. Subsequently I sent him an email stating I don't agree to his claims so I'm disputing this.

 

Now the questions I have are:

 

1. Am I following the right approach to get my deposit back?

 

2. As the landlord has made these claims after completing the inventory checks will he have any chance to win this dispute?

 

3. Can I use my text message which I sent to him on (D2) to prove that the inventory was completed by him satisfactorily?

 

4. Can the landlord claim for any damage which are identified after handing over the keys? In my case actually the next day after I handed over the keys.

 

Others things I want to share are during our stay at that property there were series of problems which he didn't fix despite reminding him several times.

 

Now I'm very stressed because of all these games he is playing. Please advise on how to get my deposit back without any significant deductions.

 

Almost every landlord causes such problems to most of the tenants when the time comes to refund the deposit. We have to change this culture! I don't like innocent tenants losing their hard earned money because of such rogue landlords.

 

 

Thanks.

Edited by honeybee13
Paras.
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Hi tenantintrouble,

 

Welcome to CAG !!

 

This thread will be better answered in the "residential lettings" forum.

No doubt it will get "moved" by the Site Team.

I wish you the best of luck.

Regards f16

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Apart from small claims court nothing. Part of the TDS process is that you accept their ruling as final. My personal exp was that we requested that we re paint to which the LL said yes, we then went another 2years with the new colours through inspection after inspection with it being written down on reportwithno issue raised to at the end of the tenancy to be charged for the house to be re painted at the cost of 100% of deposit as the tenancy hadn't been amended to show new colours despite having LL agreement. Complete con is the TDS system

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Hi All,

I want to clarify one more question. My landlord has protected the deposit in an insurance based company called mydeposits.co.uk rather than the proper deposit protection scheme. Could this be of any benefit for me? Does anyone know if mydeposit.co.uk is mostly in favour of landlord?

 

please advise quickly, as I have very limited time.

 

 

Thanks.

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My Deposits Insurance Scheme is a proper Approved Govt scheme.

Most move-out inventories are compiled after T has returned keys and not present.

Leonmasey,your assertions about TDS are unfounded, libellous and potentially actionable.

In your case LL allowed you to change décor to suit your preference. Such consent did not cancel AST requirement that that you return the property approx. in the same move in condition, You did not comply so TDS awarded LL compensation for 'T damage'.

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My Deposits Insurance Scheme is a proper Approved Govt scheme.

Most move-out inventories are compiled after T has returned keys and not present.

Leonmasey,your assertions about TDS are unfounded, libellous and potentially actionable.

In your case LL allowed you to change décor to suit your preference. Such consent did not cancel AST requirement that that you return the property approx. in the same move in condition, You did not comply so TDS awarded LL compensation for 'T damage'.

 

Hi Mariner51,

Thanks for your reply. Are you saying all the 'move-out' inventories are done after the tenant hands over the keys and moves out of the property? If yes, what do you say about landlords who make small damages themselves and claim for huge chunk from tenants' deposit? This is exactly what has happened in my case. In fairness the move out inventory should be done in front of tenant and landlord should sign the check list after this. Once the keys are handed over the landlord should not be allowed for any claims.

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#leonmassy

 

 

li·bel

 

(lī′bəl)

n.1. a. The legally indefensible (actionable) publication or broadcast of words or images that are degrading to a person or injurious to his or her reputation.

b. An incidence of such publication or broadcast.

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That's good Mariner, now look up the phrase "fair comment".

To explain, in my experience and with the facts known to me I am more than in my rights to explain my opinion without it being libellous, in addition to this my opinion was about a process and not any one individual or any single organisation.

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Guys, can I suggest that you carry on your libel debate by PM please? If the discussion goes technical or off topic, this can put off the OP and they stop viewing the thread. We've seen it plenty of times over the forums.

 

It would be kind if we could continue helping tenantintrouble.

 

Thank you, HB

Illegitimi non carborundum

 

 

 

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Sorry about the detour TiT.

What I was saying is most move out condition reports are compiled after tenancy has ended, tenant contents have been removed and keys returned, all factors in assessing T damage charges. Tenants are not normally allowed to re-enter property after end of Tenancy. Whilst some LLs may try to claim FW&T as ' T damage', why would he damage anything?

T is not present for most move in reports but should have opportunity to make alterations to report within a few days without LL being present. (Sauce for the goose...). Equally for move out report T can contest any alleged T damage either at ADR or SCC.

No system is without fault but a liitle trust on both sides, can go a long way.

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I've always compiled the inventories with my tenants present, signed it and given them a copy.

The one time I found a hole in a stud wall I fixed it myself and forgot about it.

The tenant was very apologetic and offered to repair at their expenses and that was a decent enough move for me to let it slip.

So, not all landlords are ripping off tenants.

In your case unfortunately you have made the great mistake of not getting a signed copy of the inventory, so the LL can claim what he wants.

Going through the DPS dispute process is recommendable, they don't get paid by LL so they don't automatically rule in their favour.

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I've always compiled the inventories with my tenants present, signed it and given them a copy.

The one time I found a hole in a stud wall I fixed it myself and forgot about it.

The tenant was very apologetic and offered to repair at their expenses and that was a decent enough move for me to let it slip.

So, not all landlords are ripping off tenants.

In your case unfortunately you have made the great mistake of not getting a signed copy of the inventory, so the LL can claim what he wants.

Going through the DPS dispute process is recommendable, they don't get paid by LL so they don't automatically rule in their favour.

 

 

I wish I would have had a fair landlord like you. Thanks for your suggestions.

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Sorry about the detour TiT.

What I was saying is most move out condition reports are compiled after tenancy has ended, tenant contents have been removed and keys returned, all factors in assessing T damage charges. Tenants are not normally allowed to re-enter property after end of Tenancy. Whilst some LLs may try to claim FW&T as ' T damage', why would he damage anything?

T is not present for most move in reports but should have opportunity to make alterations to report within a few days without LL being present. (Sauce for the goose...). Equally for move out report T can contest any alleged T damage either at ADR or SCC.

No system is without fault but a liitle trust on both sides, can go a long way.

 

 

No worries. Based on you guys suggestions I think it makes sense to take my case to ADR first. If I don't get a fair resolution for my dispute I will consult county court.

 

Thanks for your suggestions.

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