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    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
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Ex is holding on to possessions


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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

Edited by dx100uk
behave - dx

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

 

I would think the Police would attend if asked to ensure your friend can collect her possessions and no law is broken. I suppose the act of the ex husband could be considered a continuation of abusive behaviour towards your friend. It is not really what the Police are there for, but if a court was asked to apply an order saying that the ex husband had to allow her access to her possessions, then the Police might be called anyway, if there was possibility of violence or public order issue.

 

Suggest your friend speaks to local Police on 101 to see if they can assist.

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There are other factors, too, if the flat is owned by them, or is on a lease of over 7 years.

If so, whose name is the title to the house in? (The ‘legal title’ held at the land registry).

 

If hers, (or both of theirs) she has a right of access. As others have said, the police won’t get involved in the nitty-gritty, but will come to ensure no breach of the peace (as they will if the property is on a lease of 7 years or less)

 

If he holds the legal title (& she is not listed), if he is being that difficult already, he may get more unreasonable. She needs to see a solicitor and protect her rights by getting a restriction placed at the Land Registry / notice placed at the Land Charges Registry under the Matrimonial Rights parts of the Family Law Act 1996.

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Many thanks for the responses. Tallies with the advice I'd already given her which was to ask the police to attend and consult a lawyer.

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