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    • Excellent. Well done. I'm pleased for you. Yes they always try to claw back something – to satisfy their sense of pride. The money should get to you pretty quickly – they obviously don't use Hermes to deliver it.   Thanks in advance for any donation – but wait until you get the cash before you start chucking it around!
    • Well done and thank you for coming back to update us.   Thank you also for the donation, much appreciated.   HB
    • Delighted to report back that I have won my money back.    Minus the £25 claims fee but I did try (I pointed out that this amount is negligible to a huge company but a lot to me).    The whole mediation process was completed within 30 minutes, with a bit of back and forward between mediator, Hermes and myself.    The mediator was excellent and didn't put any pressure on me.    I am really pleased, it's been a long slog and very stressful, but I'm glad I persevered.    Thank you so much to everyone here for their help in getting through this! I'll be making a donation as your support is much appreciated, particularly @BankFoddermany thanks 
    • But surely shes got a point that they havent sent the t&c and prescribed terms means its not a true copy of the agreement? i thought that meant they cant proceed to court if they dont provide that stuff mentioned above
    • yes i know you explained that before mate,  its just annoying but i dont know how much of this is fees. Ill have to get her to look   How much in fees would it need to be to make a difference?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Letting Agent Trouble.


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I am struggling with the local letting agencies,

I am disabled and I do not wish to divulge this fact to the letting agency,

this is my own personal right and I shouldn't have to let this fact be known to anyone should I so chose

but I am facing discrimination and other problems due to their policies.

 

I already know that I will fail a credit and employment check,

but I have through some luck managed to borrow enough money to pay for an entire six months tenancy,

including letting agency fees and the landlords deposit in advance,

this means they will be at zero financial risk.

I am polite and approachable,

I have good character references and landlord references.

 

However, the excuses have started,

I am being told things like,

couldn't I go to a different agency?

 

This isn't the way we usually like to do things and even excuses like,

I've heard that we could be taken to court for doing this kind of thing,

at this stage I have simply made some inquiry's and been well mannered but they are already refusing to correspond with me by e-mail.

 

These agencies are literally creating our country's homeless problem,

deciding who they chose to rent too and who gets to have to ruff it in a sleeping bag in a shop doorway,

they should be held accountable and I should have legal rights,

I need to know what those rights are.

 

I realize I can file complaints and disputes and even take court action however these are lengthy procedures and I need to find somewhere to live now and I am facing homelessness yet again.

 

Do I have any legal rights here?

What reasons do they have to decline me?

Don't I have rights as a consumer?

 

 

Please Help.

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You already Sa you will fail a credit and employment check so a disability is irrelevant.

The letting agency uses credit and employment checks to check suitability for the landlord.

They do not have to rent to you.

Just inthe same way a shop does not have to sell you an item you want. You cannot force the shop to sell it.

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You already As you will fail a credit and employment check so a disability is irrelevant.

The letting agency uses credit and employment checks to check suitability for the landlord.

They do not have to rent to you.

 

Why would you need to pass a credit or employment check if the money is already paid in full and the landlord is at no financial risk, I'm afraid you have succumb to a common bias against people who are un able to work, you probably also believe I am living off your taxes as well no doubt?

 

disability is irrelevant

 

Wrong again, if a companies policy discriminates against disabled people they can be prosecuted by the court of human rights.

 

 

a shop does not have to sell you an item you want. You cannot force the shop to sell it.

 

I don't believe this is the case, by that logic a shop could decide they only wish to sell goods to white people for example, which is of course discrimination and illegal, we all have equal rights as consumers.

 

Sorry sgtbush I think you're talking rubbish there.

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"Why would you need to pass a credit or employment check if the money is already paid in full and the landlord is at no financial risk"

 

Because this is the oldest trick in the book: pay 6 months rent in advance and only move out once you get bailiffs at your door, 2 years later.

So 2 years rent for the price of 6 months.

Also, considering that you would fail a credit check, it is safe to assume that any ccj wouldn't be satisfied, so total loss for the landlord.

That's why.

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I'll break it down to 3 simple answers.

Letting agents use credit/employment refs to see stability. What after 6 months pre paid the tenant refuses to leave.

( the op has already stated they would fail such checks)

 

2. The op is not disclosing to letting agent that they are disabled ( which is their right) so they cannot claim discrimination if they are disabled. How does the letting agent know

 

3

A shop does not have to sell a product to anyone they choose. You cannot demand tescos to sell you a packet of biscuits if tescos do not want to.

 

 

I will also add that only public body's are subjected to the human rights act and therefore can be brought to account in the ECHR. Private entities are not so subjected.

I will also add that the HRA and discrimination are two different things

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Sorry sgtbush I think you're talking rubbish there.

 

I don't think sgtbush is talking rubbish here.

 

Disability discrimination law only applies here if the letting agent knows, or should reasonably be expected to know, that you are disabled Coda. Equality Act 2010 section 15 (2).

 

But in your first post you said "...I am disabled and I do not wish to divulge this fact to the letting agency, this is my own personal right and I shouldn't have to let this fact be known to anyone should I so chose...". So presumably the letting agent doesn't know you are disabled. Therefore the letting agent is not legally discriminating against you because of your disability. Under the Equality Act they can't discriminate against someone if they don't know they are disabled.

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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.

Please Donate button to the Consumer Action Group

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another problem you will have when offering to pay up front for 6 months is that the money laundering regs protocols the letting agent has to go through will mean they have to at least ask a lot more questiosn and get you to show them a a lot more evidence of who you are and where the money comes from and thus income for affordability purposes.

 

It is also common for drug producers to pay the rent up front and as soon as they are in the property they rip out all of the walls and divert the electric to install their growing labs.

 

It may be unfair to you but your offers and requests have set off so many alarm bells for them I would be surprised of you got any offers rather than being surprised at the refusals.

Edited by Andyorch
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It would be handy to know why you think you will fail a credit check? Usually the credit check fails if you have a CCJ, or have been made bankrupt. In that case, most lettings agents would accept a guarantor, if you had anyone that could act in such a way?

 

I'm assuming you're unemployed as well, and not claiming any benefit entitlements? The only way the lettings agent would rent to you, would be if you had a guaranteed monthly income, and if the 6 months rent you have could be broken down into monthly payments. I can see why they wouldn't rent to someone with no income and a large sum of money, and as others have pointed out, they aren't aware of your disability. If you tell them you're disabled and earning xyz through disability payments, and they then deny you - You'd probably have more of a case, but you'd have to then spend your savings taking them to court...

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