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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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LL does not have to provide a Ref on request. If they do, it must truthful/accurate, but it may not be comprehensive.

You are not entitled to see anything she writes to a 3rd Party unless they disclose it to you.

Why not ask her for a written ref that you can show to prospective LLs to save her time?

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Thanks Mariner51 - the problem is - she's not on our side, and I'm worried that she will relish in providing a bad reference for us - in stating that we didn't ventilate the property adequately.

 

I doubt very much that she will send me a reference directly.

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In theory you could make a subject access request to get hold of the reference, if it contains personal data.

 

Easier said then done though ...


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Thanks Steampowered - would you mind elaborating? What is this and whom do I approach for access?

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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Have a look at https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/.

 

Personally I would keep quiet and hope to get a reasonable reference. If you SAR your landlady or the new estate agent you are likely to get a worse reference next time.


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you havent been given notice to quit, your landlady masy be selling the hiouse to another landlord so i wouldnt be in a hurry to move out and make the hoyuse worth more to the vendor by having vacant possession. If the place is damp etc then the new purchaser will more than likely be interested in keeping a good tenant in situ as that way they dont ahve to spend fortunes making the place attractive.

As with your other post onn this, you are looking at things from the wrong perspective.

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Not missing a rent payment, when due, does not equate to being a perfect T, but a good start IMO.

Anyone can construct a positive comment whilst suggesting the opposite.

eg your OP "I've *never* missed a payment, and as far as I'm concerned have lived here with the due respect that I've always shown in other properties that I've lived in."

eg you showed "due respect that I've always shown in other properties that I've lived in."

What did you mean by *never* missed a payment?

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Hi,

 

My landlady told us in February that she's selling the house at the end of our tenancy - the end of June.

 

I've (thankfully) found alternative accommodation - but it's to move in ASAP - which will mean paying *double* rent until the end of June as I signed a contract with her for a year.

 

The contract states that I'm to give a month's notice - I'm assuming this would be in May (if she was not selling).

 

However - we are ready to go *now*

Is there any way around having to pay double rent until June?

 

Do I have any rights at all?

 

Thanks in advance.

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Hello there.

 

I've moved your thread to the lettings forum, where I see you have another thread on a different aspect of this problem.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475499-Am-I-legally-entitled-to-see-my-Landlady-s-reference-for-me

 

The guys should be along later with advice for you. :)

 

HB


Illegitimi non carborundum

 

 

 

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Do I have any rights at all?

 

Unfortunately the landlady is likely to be entitled to enforce the contract.

 

It may be worth discussing with her leaving earlier so she can put the property on the market earlier. But if she doesn't want or need to do that, she may insist that you pay till the end of the contract.

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Hi

 

Negotiate with the Landlord as they can hold you to the Term in your Agreement but if they are selling the house and want to sell it without the issue of a Tenant residing in the property it may be easier to negotiate but make sure anything that is agreed between the Landlord and yourself is in writing.


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Negotiate with the Landlord as they can hold you to the Term in your Agreement but if they are selling the house and want to sell it without the issue of a Tenant residing in the property it may be easier to negotiate but make sure anything that is agreed between the Landlord and yourself is in writing.

 

If they wanted to sell the property with vacant possession, and the tenant was unwilling to leave, an eviction would have to be sought. This could end up being a costly and lengthy process for the landlord.

 

It is clearly in everyone's best interest to settle this amicably, so would the landlord be willing to accept early termination to avoid eviction proceedings.


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Hi,

 

I'm just moved from a house that suffered from issues with condensation - it was an old house on the side of a hill.

It was always a bone of contention between my landlady and me.

 

I was there for 5 years and after the 1st year it became obvious that I couldn't use the room on the ground floor due to damp - which I was told (by her) that I had caused by not ventilating effectively.

 

However, just last year, an underground water leak was identified at the side of the property - fairly close to the wall inside the ground floor room that is now severely effected.

 

The leak was repaired late last year - but there is a substantial amount of mould on the one wall.

The wallpaper was so saturated that I removed it - it - admittedly - looks a mess.

 

This is my question:

The landlady is telling me that I need to redecorate in order to get my deposit back as she claims that the damage was caused by condensation.

 

Where do I stand with this.

I have all the correspondence from Severn Trent regarding the water leak etc - what are my next steps?

 

Thanks in advance for your help.

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She is only entitled to recover compensation for damage which is being caused beyond any normal wear and tear due to your reasonable use of the property or beyond any damage caused by some particular defect in the property.

 

Not only should you not pay what she is asking that in fact I think you should be demanding compensation as on the basis of what you say, you have not received what you paid for.

 

She holding a deposit? She threatening to sue you? If she sues you then this would be excellent for you because you could bring a counterclaim very cheaply. How much are we talking about here?


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Landlord took somebody I know to court, - cost them a lot more than their own repairs, seen this happen in the last 2 years the landlord in question learnt a big lesson from the DJ . cpmpensation was awarded to the max to the ex tenant.

 

did you ever involve the enviormental health department ? just a thought


:mad2::-x:jaw::sad:

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Thanks both!

 

I've always resented paying rent for a house where I was unable to use one of the rooms and was wondering about taking her to court an demanding compensation.

 

She's a very clever woman - all of her correspondence with me has been carefully worded, admitting no responsibility and highlighting the fact that I didn't ventilate the property adequately.

Basically it's between her word that this is damage caused from condensation and on the other hand - that it was possibly damaged by the water leak...

 

My deposit is £695 which is a lot of money for us.

 

My tenancy doesn't run out until the 21st of this month - would I have time to get someone to inspect it - like the environmental health department?

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By the way - I'm a private tenant so not sure if I could ask the Environmental Health Dept to have a look?

Are the independent ones I could use.

 

I have no money though....I definitely can't afford to take her to court...

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private tenant - you can report as it is a health issue and they deal withh all types of tennants etc - see what they say, let her take you to court , these idiots need an out of pocket lessons, also was the deposit put into the correct regulated system??


:mad2::-x:jaw::sad:

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Thankfully yes - it's being held by a company - not sure which one though!

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Basically it's between her word that this is damage caused from condensation and on the other hand - that it was possibly damaged by the water leak...

 

I'm pretty sure that experts/surveyors can tell what sort of mould is caused by poor ventilation and what's caused by external water leakage and damp penetration. Hopefully someone who knows more about this than I do can confirm that. It won't just be your word against hers. And didn't you say you have correspondence from Severn Trent confirming the external water leak?

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What caused the external water leak?

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Ethel Street - yes - the repair of a leak in an old pipe that runs alongside the property is all documented - with correspondence from my neighbours as well.

Mariner - a hole in an old pipe underground.

 

So I guess I need to get someone to identify what kind of mould it is...

There is a 'bubbling' and 'breaking away' of the plaster and the internet tells me that this is a sign on 'penetrative damp' from an external water source....

 

Looking good?

 

She will get me one way or another.....still feeling very apprehensive.

 

How would I go about claiming compensation for paying years of rent for a room I couldn't use? Is it worth pursuing? Would I have a leg to stand on?

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