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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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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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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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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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