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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
    • Kim Kyeong Yeon developed his virus-destroying machine after his child injured herself. View the full article
    • not interested in silly letter   the CCa return please   dx  
    • This is interesting as I was not aware that there was a difference in the PPI claims/calculations.    Long story: I asked for this PPI reclaim over 5 years ago.  The Woolwich loan was taken out when I had a Woolwich current account.  The banking sort code for Woolwich was deleted off the banking system when Barclays inherited it hence they could not find my current account let alone the loan.    They had told me that I had provide proof of the loan as they could not locate it.  I did the FCA deadline search and it still was not located.    As this was the last resort, I had to go into the loft and found it by chance.  They changed the new reference number from the search and attached it to the old past reference number as the complaint was still on their system.    Even speaking to them about their calculations and the one I got from the on-line calculators, no one can explain the difference, they just keep saying that they cannot speak to the PPI calculations team, they have to email them!    Also I thought the Plevin paragraph was standard information.  So this is where the mystery lies,   I can reject the Plevin calculation and ask for calculations based on my actual PPI sums paid,   would this then be in line with your calculator?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Dear all

 

A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children.

 

One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving.

 

There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy?

 

What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order.

 

My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent?

 

Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse?

 

Thanks in advance for any advice :)

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When did current Tenancy commence? month/year, for what fixed term?

Personally I would let current T go periodic, even if only to deprive LA his renewal fee

Perhaps ask G if they wish to remain G for T, if No then req T to provide new G

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Hi thanks for the reply.

It was a 12 month AST and began August 2015.

 

As the agent has started viewings do you think they will get annoyed if I negotiate a periodic? Is a periodic tenancy better for me? I don't have contact details for G - should I ask T to het him to contact me, or no deal? Will G still be bound if the tenancy goes periodic?

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  • 1 month later...

Update:

Tenant now saying she won't leave until eviction as the council have advised her to stay beyond the s 21 expiring next month. BUT - she has a guarantor and I am inclined to let the tenancy go periodic to avoid the hefty eviction fees and void period/ My agent says that his TOB states that the whole original commission rate is due for a periodic which I have now disputed.

 

Shall I just go for it and get a possession order? I don't mind if they stay and would prefer the consistent rent even though they want council housing so are being unpleasant.

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Dear fellow caggers

 

I apologise if this is a repeat post as it raltes to my other thread but the situation in the other thread is now not happening and I have another query:

 

My tenants were issued with a S21 that expires at the end of the fixed term in the middle of this month.

 

The tenant now saying she won't leave until eviction as the council have advised her to stay beyond the s 21 expiring next month. BUT - she has a guarantor and I am inclined to let the tenancy go periodic to avoid the hefty eviction fees and void period/ My agent says that his TOB states that the whole original commission rate is due for a periodic which I have now disputed. I don't mind if they stay and would prefer the consistent rent even though they want council housing so are being unpleasant. They refuse to communicate with me - all this is coming from the agent.

 

There have been no rent arrears although a few late payments and if they stop paying rent they potentially risk making themselves becoming intentionally homeless so the council may not help them in that case.

 

Any advice gratefully received.

 

Thanks!

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Previous related thread http://www.consumeractiongroup.co.uk/forum/showthread.php?466335-Tenants-want-to-pay-6-months-rent-up-front-after-s21-has-been-issued

(HB beat me to it by merging threads)

 

IMO proceed with valid s21 repo and ask Judge to award costs against the T.

T will remain hopeful of obtaining Council Housing, which may be offered for occupation at short notice. When repo is granted, T may be eligible for emergency accom in B&B.

If you can't cope with costs of a void/renovation/repo, time to reassess your position as PRS LL.

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  • 4 weeks later...

Hi all!

 

My agent wants to charge the full renewal fee of 4 % plus VAT for a fixed term tenancy that went periodic. No labour was required to do this including checking whether or not the tenants left after a section 21 was issued. They wanted me to do this!

 

They have graciously allowed me to pay on a quarterly basis.

 

The fee charged is the same as for a renewed tenancy with a new AST. Is this a fair fee and can it be challenged?

 

 

Thanks to you all.

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I am reluctant to comment on an unseen Contract clause, but generally no one can charge a renewal fee JUST for allowing T to become SPT at end of fixed term -as it is T's Statutory Right.

Is the LA a member of a Trade Body, eg ARLA? If so, complain to them.

LA may decide to cancel their Contract with you if not paid - Oh Joy!

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Fees

 In the event of the tenant, introduced directly or indirectly to the property, renewing the tenancy for a further period, or if the tenancy falls into a periodic tenancy due to a contract renewal not taking place, you agree to pay ******* a further fee, which will be equal to that of the initial commission agreed plus VAT, of the gross annual rental that year. ******** will complete contracts for renewal where requested, the cost of which to the landlord is included in the renewal charge.

 

page 3/9 in the terms of business.

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