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    • Above the excellent paragraphs that dx has posted up, add   "I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".
    • Received a letter today 07/07/2020 from a collection agency (MIL collections) for an outstanding debt of £215.00 which they claim was owed back in 2016. I have never had an account with Shell Energy and presume that they are claiming in the capacity of the former company they took over from First Utilty?  I did have an account with first FU in 2016 however I have documentary evidence proving that I paid in full and final settlement. My question is , 1. Are they still allowed to chase after 4 years and 2. Is it legal if they are now a different company ? 3. what should I do next if anything?  I have contacted MIL collections (Truro Cornwall) informing them of this to which they seemed very uninterested and tried to pass the buck. Any comments or suggestions gratefully received.  Thank You
    • By the way – here's a troubling little question: – If the puppy were to be returned to the breeder, the breeder now finds that they have on their hands and unsaleable puppy. What do they do? Put it down? Abandon it to a rescue centre? I think that when people decide to buy designer animals, then they need to reflect on this.   It may become a loving pet to the new owner – but maybe it is simply "goods" to the breeder.
    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred – so that effectively there is no breach. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

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I second Conniff, do not withhold the rent money, under any circumstances

 

Instead contact (phone or visit) your local Council & ask to speak to the Housing Officers. Provide pictures of said damp etc & ask for them to help you get this situation sorted.

 

Its exactly what I've had to do in the past myself.

 

Good luck!


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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

 

Not sure it's a good idea to withhold rent…

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Withholding rent means that the LL can begin after 8 weeks accelerated eviction procedures where the judge has little power than to agree to the eviction request.

 

That is why the people above correctly advise that rent should not be withheld.


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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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"....paying full rent with £1000's of personal furniture and clothing ruined."

 

 

So no personal contents insurance then? Silly Billy!

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"....paying full rent with £1000's of personal furniture and clothing ruined."

 

 

So no personal contents insurance then? Silly Billy!

 

Well thanks for that useful comment, she actually does have insurance but they are refusing to pay on the grounds it has been caused by the property and is the responsibility of the Landlord

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Only if his insurer or an Ind Adj/Judge agrees. Unlikely LL will accepts liability £000's damage, unlikely.

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if LL not willing to move on this get a survey done and then send a bill for losses.

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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

 

You cannot lawfully withhold rent. But, if you were to go down the claims route you can claim a rent rebate for not having full use of the property. Also consequential losses re destroyed clothes etc.

 

Take photos of everything and start documenting.

 

Get environmental health to come and do a report they can force repairs.

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Thanks everyone for your help, I have written a letter to the letting agency and the environmental health and things seem to be moving they EH are coming to look at the property on Monday and the letting agency have stated that they are willing to release us from the lease as soon as we want with no penalties etc so now all I need to do is see if we can get any of the damaged belongings and furniture replaced, I don't hold out much hope but if you don't try then you don't get.

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Update

 

The EHO came around and agreed that the DPC had been compromised over an extended period of time and that it is no way my daughters fault and recommend the Land Lord release her from her tenancy agreement immediately and at no cost, they have subsequently agreed to this and have asked for a list with receipts for the damaged items so here is hoping. Once again thank you everyone for their assistance

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i had the same situation a while back and although the council got the damp and mould sorted by this means, my landlord then served notice on me so be aware they may also do the same to you.

 

I took out a complaint against the estate agent with the property ombudsman and they found the agent to be at fault in serveral areas and fined then £125...the ombudsman also stated that other areas where the responsibility of the landlord so i sent a letter to the landlord stating what the ombudsman had said and eventually got £325 back from them too. so once the eh have been and said there is a problem you may want to start the formal complaint with the obudsman and get some money back.

 

do you not have contents insurance that would pay for the damaged stuff, and possible legal aid with that?

 

So follow the correct procedures, se

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