Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • I don’t see some users posts, but since they’ve been quoted .........   I agree (in parts) with 2 contributors postings.   WHO says “test, test, test”, so more tests ARE key. That is part agreeing with one contributor.   I also agree with cjcregg. One has to understand the limitations of a test : (sensitivity, specificity and its positive and negative predictive values - which involves sensitivity / specificity AND prevalence!).   One also has to understand which test, to apply those limitations. a) RNA NAAT? (Commonly called PCR, though PCR is a tradename, so ‘PCR’ is to ‘NAAT’ like ‘Hoover’ is to ‘vacuum cleaner’) b) Antigen testing? c) Antibody testing? (If so, IgM? IgG? Both??)   Knowing which test(s), their limitations, and thus what the result actually MEANS is more important than a blanket statement of “test everyone!”, (and repeatedly ??! ) .... especially as it allows prioritisation of who gets what test to maximise benefit, until “testing for all” is more than a pipe-dream .....   Would you repeat a positive IgG test? If so, in what circumstances??
    • Just out of interest, how long did it take you to formulate this conclusion? I'm not looking for a particularly accurate answer, just round it up to the nearest nano second.    How is this going to work then?   Where are the medical personnel and laboratory staff required to undertake this massive project going to come from? Now this is just a stab in the dark but I'd imagine they'd be quite busy at the moment.   Even South Korea, who are recognised as having one of the most aggressive testing policies have only managed to test 1% of their population. You clearly have no conception as to the scale of what you're proposing.   Even if it was possible to plan, organise and execute it would take years to achieve, by which time all the data would have been redundant and completely meaningless. I was tested last week and it took 2 days for the result, which by the time I received it was already out of date as I was then and now just as likely to be infected as I was when I took the test.   Think about it.    
    • I'm sure that the entire nation is reassured and lost in gratitude to you for this heart-warming confirmation.   Do keep us updated.
    • I would say that is exactly what "discretionary" means.     Is that the case?  Surely nearly all bonus schemes are discretionary unless explicitly stated otherwise in the employment contract?  Does "fairness" come into it?   I agree with emmzi - there's no advantage to the employer in paying it and I can't see the OP forcing them to do so.
    • not to complicate things, I had a full time job with employer #1 and a part-time zero hour contract with employer #2. Employer #2 offers me a full time contract starting 1st May 2020. I leave employer #1 6th March 2020 I then go back to employer #2 and resume 40 hours a week on a zero hour contract until 18th march 2020 when the place has closed. I have been told the job starting in May will be delayed until June and then we will sign full time contracts.   Taking the advice of Honeybee13, I looked over the internet and it looks like I missed out by a week as the cut off point was the 28th Frbruary
  • Our picks

Missnka

Estate agent kept holding deposit. Letter before action or Property Ombudsman?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1188 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello and happy new year!

 

I have recently noticed from my bank statements that in 2011, a deposit for a flat was never paid back.

 

It was £400 holding deposit, £50+VAT admin fee and the rest and £87+VAT referencing.

 

The contract I have on email states non-refundable if the letting is 'frustrated', and defines that as, if credit info is withheld from the application OR if I cancel the letting.

 

The agent actually cancelled the letting, and no referencing was carried out because I checked with the referencing agency. So I did not 'frustrate' anything and never moved in. Yet all the money was kept.

 

I was planning on writing a letter before action for the full amount of £565(approx) plus 8% interest from 2011, and giving 2 weeks/10 working days to repay. (I went to the Property Ombudsman website and if I go through them the process looks to be much longer and more complicated). So hopefully this can all be resolved in a couple of weeks.

 

Is this the best course of action? Thank you for reading!

Share this post


Link to post
Share on other sites

as you have only just noticed the lack of repayment you had better just send a letter asking for all of the money back. if they dont respond or prevaricate then you send a lba. If they still dont pay up then you issue a claim via the courts service and then you can add the statutory interest. Until that point unless you entered into a different type of agreement then no interest is due to you as you have only just become aware of the lack of payment. If they had witheld it all that time and you had asked for it previously then interest at bank base rate would be the norm.

Share this post


Link to post
Share on other sites

Before starting court action make sure that the business is still active (companies house website) and if it is a limited company your contract/paperwork actually says "limited" or "ltd".

Without this wording the paperwork cannot be linked to the limited company and they would use that as their defence.

So if that's the case you would have to go after whomever signed the paperwork personally.

Of course you better check that they have assets first, otherwise you would just throw money away.

In other words you have to do a bit of homework before you do anything.

BTW, I don't think you can ask for 8% interest at this stage, but surely you can if it goes to court.

Share this post


Link to post
Share on other sites

Why did OP not move in?

Share this post


Link to post
Share on other sites

Thank you for your replies. They are much appreciated.

 

It is a chain estate agents so they are definitely still in business.

 

As it was such a long time ago I feel like a letter asking for my money back would say the exact same thing as a letter before action. They may even ask for more info, which I would prefer not to give just in case it goes to court and I need to withold info for my defence.

 

And I was never given any legitimate reason for not being allowed to move in, and nothing on email. (Although I have a very strong suspicion). Yet I am able to prove that I sent emails asking why and was ignored.

 

So at this point perhaps I should just send the letter before action.

Share this post


Link to post
Share on other sites

It sounds like an improbable situation to be rejected from a property and then to not notice that you'd never been paid back!

 

Have you asked them for the money before?

 

If not, personally I think a letter out of the blue which may land on the desk of someone who wasn't involved may put that person's back up and make them less likely to respond constructively.

 

In particular, asking for 8% interest at this point could be regarded as unacceptable by them. For info a friend of mine was recently awarded only 4% by a judge on the basis that interest rates are low, and apparently this is relatively normal.

Share this post


Link to post
Share on other sites

Hi Steve, thanks for your input. Yes I understand that I am not able to ask for any interest at this stage.

 

I do however have emails, contracts and payment proof. Enough for them to hopefully see that I did not frustrate the letting and look into the fact that I was never refunded.

 

(It was a stressful time for various reasons so I did not remember the refund. And I was checking my past bank statements regarding PPI, thats how I noticed.)

 

Any contact is effectively 'out of the blue'. I'm not sure how I could ensure they definitely would respond constructively.

Share this post


Link to post
Share on other sites

If they ask for more information and you withold it you will lose a court claim as you have to "show a clean pair of hands". As suggested, just an ordinay letter asking for the matter to be looked into and resolved quickly will be the first step. If they dotn respod or deny the money is due etc then you can make it more formal but you will have to explain yourself properly.

Share this post


Link to post
Share on other sites

Ok I understand. Thank you for the advice. I'll start drafting the initial letter.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...