Jump to content


  • Tweets

  • Posts

    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Illegal eviction damages claim


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 865 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My friend has rented his house out for a number of years.

He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property.

 

Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

 

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

 

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

 

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

 

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

Link to post
Share on other sites

Yes, it sounds like the tenants could counterclaim for:

 

- Unlawful eviction

- Return of the deposit

- Penalty of 3x the deposit for failing to protect it

- The condition of the property (the landlord has an obligation to keep the property in good repair)

- Breach of the tenancy agreement (since the landlord will have breached his obligation to let them have quiet enjoyment of the property)

- Inability to access their belongings

Plus their legal costs for defending the claim.

 

The landlord could also be prosecuted for unlawful eviction, which is a criminal offence.

 

Of course it is also possible that the tenants don't defend the case and the landlord simply gets given a default judgment.

 

So there is a whole rainbow of possible outcomes.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
My friend has rented his house out for a number of years. He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property. Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

 

I would advise him to mitigate as much as he can to keep it out of court, if I was the tenant I would be reporting him to the police. Hi is, and for good reason, looking at some serious trouble.

Link to post
Share on other sites

The claim has been defended with everything above written on it. He was sent a directions questionnaire - as were the tenants, he’s asked to go through mediation, the tenants have asked for it to be allocated to court, I think this will land him in deep hot water!

Link to post
Share on other sites

He also stupidly on his original claim form stated that the tenants has not returned the keys so had a lock smith change the locks, he stated the day this happened which was the day following the section 21 running out.

Link to post
Share on other sites
He also stupidly on his original claim form stated that the tenants has not returned the keys so had a lock smith change the locks, he stated the day this happened which was the day following the section 21 running out.
h

 

Well I can only hope he’s done this out of stupidity and not arrogance, however I fear it’s the latter. I would now be trying to settle out of court and hope that they don’t realise that he has also committed at least one criminal offence, if he does end up in front of a Judge then he needs to apologise and offer to make it right, I don’t see how he could mitigate his actions without looking a nasty bit of work.

 

As it stands he’s looking at both a significant award against him from the civil court and also a criminal record. People can not be treated like that. Please keep us updated.

Link to post
Share on other sites
My friend has rented his house out for a number of years.

He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property.

 

Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below

 

1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this

 

2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent

 

3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason

 

4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property

 

He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000

 

The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted.

 

Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?

 

 

Well there’s some good news about the section 21 notice in point No.2 It’s a no fault notice so the point about rent being due/paid up is irrelevant. However, the other points have done for him. I’m not sure but I do think that failure to provide heating/hot water on purpose is a criminal offence.

Link to post
Share on other sites

The good news about the S.21 is that it is “no fault” is negated by the fact that it wasn’t a valid S.21 notice......

Additionally, even if it were valid, if T doesn’t leave, then LL still has to go to court for a possession order.

 

The S.21 notice not requiring any fault isn’t really of any significance here.

Link to post
Share on other sites
The good news about the S.21 is that it is “no fault” is negated by the fact that it wasn’t a valid S.21 notice......

Additionally, even if it were valid, if T doesn’t leave, then LL still has to go to court for a possession order.

 

The S.21 notice not requiring any fault isn’t really of any significance here.

 

Ah of course, failure to protect deposit! Doh, silly me.

Link to post
Share on other sites

Thanks for the feedback, he’s placed himself in a no win situation I think, from the defence the tenants have submitted in response to the initial claim the tenants are aware that firstly the whole situation in which the landlord has gained entry and removed their belongings was an illegal eviction, he’s also disposed of in excess (they claim) of £2500 of furniture and belongings, and they’ve also stated that the deposit wasn’t protected so I’m guessing they also know they can claim just for that.

He’s of the belief that he will be granted £5000 for repairs/removal/cleaning/lock, he said he’s received legal advice prior to filing the claim but I fear he may have failed to tell his solicitor that he entered the property illegally and hasn’t protected the deposit!

Link to post
Share on other sites
Thanks for the feedback, he’s placed himself in a no win situation I think, from the defence the tenants have submitted in response to the initial claim the tenants are aware that firstly the whole situation in which the landlord has gained entry and removed their belongings was an illegal eviction, he’s also disposed of in excess (they claim) of £2500 of furniture and belongings, and they’ve also stated that the deposit wasn’t protected so I’m guessing they also know they can claim just for that.

He’s of the belief that he will be granted £5000 for repairs/removal/cleaning/lock, he said he’s received legal advice prior to filing the claim but I fear he may have failed to tell his solicitor that he entered the property illegally and hasn’t protected the deposit!

 

I genuinely hope he did not get that advice from the place that advised about the eviction.

 

So you are saying that even after all this he still thinks he is going to be succesful, when is the court date? Thank you again for the up date, I am very interested to see the outcome.

Link to post
Share on other sites
I fear the legal advice may be via google!

The case has just been transferred to the county court hearing centre for allocation so no date set yet.

 

Oh!

 

Please keep updating your post. It will be very interesting to see the outcome, especially for people just like him and people who have landlords like him.

Link to post
Share on other sites
  • 1 month later...

Just an update. Date set for September however the landlord now has to pay a further £350 for allocation, I’m hoping this is a deterrent from taking it further but we will see!

Link to post
Share on other sites
  • 3 weeks later...
Just an update. Date set for September however the landlord now has to pay a further £350 for allocation, I’m hoping this is a deterrent from taking it further but we will see!

 

Further update, landlord has requested mediation rather than court hearing but the tenants have rejected mediation on the grounds of illegal eviction, non protection of deposit, disposal of furniture and non provision of heating/hot water.

This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding? Personally I think he’s in with a shock

Link to post
Share on other sites
This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding?

 

Advise him that perhaps he should look at selling a couple of assets (maybe his house) and be prepared to pay out a four figure sum in compensation and costs.

 

Have the (ex)tenants filed a counter claim ?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites
Further update, landlord has requested mediation rather than court hearing but the tenants have rejected mediation on the grounds of illegal eviction, non protection of deposit, disposal of furniture and non provision of heating/hot water.

This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding? Personally I think he’s in with a shock

 

Unfortunately we all learn lessons in different ways. The laws were put in place to provide punishment for those who take actions like this. I think it's important to call this chap exactly what he is, a rogue landlord who's complete disregard for the law has caught him out.

Link to post
Share on other sites
  • 1 month later...

Ok further update. Court hearing set for 2 weeks time. The landlord has provided the tenant with a file of evidence, within this file he has admitted everything including

1) never having seen the need to use a deposit scheme as they use a secure account instead

2) a letter from landlord to tennant threatening to remove them from the property within 7days (within the section21 notice period)

3) multiple statements from neighbours which all look identical - I fear these may be false

4) invoices from a locksmith stating the date he changed the locks

5) multiple pictures of the tennants property within the house and a statement saying he took it to the tip

 

I think in this document he may have completely thrown the book at himself.

By some small miracle is there a chance the judge may look past all the wrong move and just look at the costs it took to prepare the house for rerental?

Link to post
Share on other sites
Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?

 

What track has it been allocated to?

If to the small clams track, has his litigation behaviour been manifestly unreasonable??

Link to post
Share on other sites
Yes to small claims.

 

Costs in the small claims track are strictly limited unless there has been entirely unreasonable behaviour.

 

Who’s behaviour are we talking about? Landlord or tenant

 

Both, but who are you saying has behaved badly?

The LL, correct?

Link to post
Share on other sites

I think both have however the landlords failure to adhere to simple laws the rental of the property and the processes used to remove tenants out weighs the tenants wrong doings I fear

Link to post
Share on other sites
Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?

 

Legal costs are not usually awarded in small claims track. However, they can be awarded against a party who has behaved unreasonably.

 

From what you've posted so far this particular landlord sounds as unreasonable as they come. Based on the limited information in this thread it sounds like there is a very good chance of him losing the case, being ordered to pay a penalty for not protecting the deposit and being ordered to pay the claimant's legal costs.

 

3) multiple statements from neighbours which all look identical - I fear these may be false

This is the worst of it. If the judge concludes that the landlord has been dishonest in his evidence, the landlord is highly likely to be ordered to pay the claimant's legal costs.

 

By some small miracle is there a chance the judge may look past all the wrong move and just look at the costs it took to prepare the house for rerental?

This is possible - anything can happen in court. But I don't think it will be easy for the judge to overlook blatent non-compliance with the requirement to protect a deposit, fraudulent evidence and what sounds like an illegal eviction.

 

The landlord has got himself in a real mess here. The best advice might be to try and reach a settlement with the Claimants before getting to court.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...