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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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My partner and I live in a 1 bed flat in a house conversion. Our bedroom is above the kitchen/living area of the problem tenants below us.

 

For about 2 years we have been complaining to the landlords about the noise from these tenants. They run a loud extractor fan at all hours of the day and night, bang doors and cupboards, shout at each other and their kids. Now they have a crying baby!! The walls are paper thin to the point where the heating cannot keep the room warm at all.

 

The landlords have written them multiple "warning" letters and had one meeting with them, where they agreed to keep the noise down. This didn't happen. We kept complaining so there was a meeting between us and these tenants, which they denied making the noises. Again it didn't change.

 

I then wrote a formal complaint, in which they reply was saying we are now alleging the noises are happening, even though in the past we have provided recordings of their noise! They also said if we agree to have the landlords come around and do a sound test (which involved one person in our room and one below shouting and banging doors). It clearly to them failed. They have now organised their building contractors to come around to investigate further - but their solution was a bead of silicone around the skirting boards?? This is yet to happen but will not solve the issue.

 

Are we within our rights now to start formally telling the landlords that we are withholding rent payments until this problem is fixed?? It's reached a point where my partner now sleeps on the couch in our living area because the noise is just too much.

 

The other issue is parts of our flat and the building are i believe not up to fire safety standard. By the way the landlords own the entire building.

 

When we first moved in the building inspector and the boss builder did an inspection. The large window in our bedroom needed to be replaced - it was classed as a fire escape and should remain completely open to roll out of. But it just keeps shutting. The builder was told to replace it. Also our front door should have a furry seal around the edge, but didn't and again, should have been installed. To this day, 2 and a half years later, they have still not been corrected. Are the landlords in breach of our contract and fire safety standards??

 

Could we ask for a rent reduction perhaps?? And should we seek some form of legal advice?? We are at a loss here - the landlords do nothing and the only time you really here from them is to do with rent payments. We are contracted until mid 2107, and couldn't afford to move now, unless the landlords gave us our full deposit back before we moved out - not going to happen!

 

If anyone has any sort of advice, it would be greatly appreciated. Or any more elaboration about anything i have written, please leave a post.

 

THANK YOU!!!!

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The landlord's builders have now insulated the other tenants bedroom area and not ours!!!! And they only put a fresh bead of silicone on the top of the skirting board around the bedroom. We are FURIOUS! And no the sound is EXACTLY THE SAME.

 

Can we seek and where would we seek legal advice??

 

Would the CAB help or the Council??

 

Or can we write another formal complaint to the landlords asking them to reduce the rent to match the standard - a bedroom that is uninsulated and freezing in winter with no soundproofing?????

 

Please can anyone offer any kind of advice??

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You need to contact the enviromental health department at the local council

 

All social landlords have to be registerd with the Local Authority

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I used to live on the ground floor of a converted house. Houses aren't built for internal sound proofing, I could head the person upstairs walk around, talking, even having sex.

 

We moved out.

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Due to ongoing issues that the landlord will not correct, i am thinking of writing a second formal complaint to my private landlord.

 

I will this time ask them if they are not prepared to fix all issues that they reduce the rent until such time i can then save money and submit a request for a mutual release.

 

Does anyone know if i am completely within my rights to do this??

 

Any info will help.

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No harm in trying but, what are the issues with the property?

 

Is it in previous threads?


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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No harm in trying but, what are the issues with the property?

 

Is it in previous threads?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?455339-Private-rent-with-noise-issues-and-breach-of-fire-safety


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Threads merged ...please do not start new threads on the same matter.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Threads merged ...please do not start new threads on the same matter.

 

Regards

 

Andy

 

 

Well - nobody replied the first time with any proper info so i kept it short and sweet.

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So which thread title do you prefer?...pick one that will invite more responses.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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So which thread title do you prefer?...pick one that will invite more responses.

 

you can pick one

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You can ask, I doubt LL will agree.

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Your local council housing department and environmental health can deal with the safety aspects and noise aspects.

 

Your only other course is to consider other properties - either to plan to move or to provide evidence to your landlord that you are over-paying given the condition of the property and the noise issue.

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you are entitled to enjoyment of the property - you can ask for reduced rent but whats the point you'll still be getting the noise - maybe if you have a fixed tennancy you can ask if you can terminate based on the problems above and find a quieter place?

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Update: 2nd Formal Complaint put forward to the landlords. Took some advice from the replys in this thread, however1 week has passed and no direct reply.

 

The only letter they sent was to inform tenants (unsure if all or just us) of an inspection, apparently by the Council. Will wait and see what the Council do......

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Well converted houses have this problem. The only time you won't actually face this issue if you get quiet tenants by any chance and that does not happen often!

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