Jump to content


  • Tweets

  • Posts

    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
    • I've now chopped the original statement as attached. I haven't included 'the law' as I assumed that was fully covered in my skeleton arguement, which I also assumed would be a supporting document in my bundle. Or should the two be merged? 22Jun24 anonymised completed WX statement @ 1843.pdf
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Deceived by landlord about construction by BOTH of our neighbours


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2151 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

Hi

 

I have posted about this before

https://www.consumeractiongroup.co.uk/forum/showthread.php?488538-Misled-by-our-landlord-about-construction-noise-pollution-is-becoming-unbearable&p=5134398#post5134398

and now the situation has become even worse and we desperately need some advice.

 

We moved in to a rented property at Christmas last year and soon after a builder came to the house to tell us he'd bough a patch of the neighbours land to build a house! He told us the landlord knew about it and it was why he had moved out of the property. There was a planing process which the landlord knew about and apparently he had arguments with the builder about it, at one point he said he would try and get an injunction to stop the works.

 

After enduring construction works literally in our garden all summer, our enjoyment of our garden has been ruined, we've had to put up with the noise, the dust and the constant lack of privacy.

 

NOW to make it worse, our adjoining neighbour has started renovating their house, so we are now woken up every morning to drilling walls. The whole house shakes and we are woken up in a stressed anxious state every day. We work from home and it's now impossible with the horrific noise. They're renovating their basement and bathroom which won't be a quick job.

 

Im not exaggerating when I say this is ruining our lives. I don't sleep very well anyway so being woken up to this noise from one side or another every day for three months has made me a nervous wreck!

 

The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do.

 

We took out a 12 month lease and three months of those have been unbearable. :( We pay a fortune to live here and it's been totally ruined.

 

Any advice would be appreciated! I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages.

 

Ive taken video and photographic evidence of the noise levels, dust and now the drilling from next door

 

Thanks

Edited by dx100uk
added old thread link
Link to post
Share on other sites

IMO same situation applies and I assume LL had no prior knowledge of 2nd neighbour's intent?

Council may be able to restrict noise to between 8am and 6pm but have you not considered negotiating with your neighbours first?

Link to post
Share on other sites

 

The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do.

 

I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages.

 

There's constant work going on around me so I know how annoying this is, but I don't think there is lot you can do about it legally.

 

Did you specifically ask the landlord if he was aware of any planned building works before you entered into the lease? If so there's a possibility you could do something as it might be a deliberate misrepresentation entitling you to void the lease ('might', I'm not saying it definitely would).

 

But I'm guessing you didn't. In which case you may feel LL was deceitful morally, but legally only deceitful if the LL had a legal duty to disclose the planned building works to you. I don't believe he did if you didn't ask, and it appears the solicitor you've spoken to doesn't think so either.

Link to post
Share on other sites

no one is obliged to tell you about this and if the workd required planning consent then you ahd the opportunity to look this up before you accepted the deal. What you can do is make sure that the builders are obeying the law by getting on to planning or environmental if they are too noisy, encroaching on your space or whatever. not liking it isnt reason to complain, it must have some basis in law.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...