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    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
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Hi guys 

My brother got arrested and remanded and I have been dragged into sorting his stuff out 

The letting agent has been round to the HMO and taken everything out first they said the room had been burgled 

They said the burglary had been discovered when the maintenance man had gone round to change the lock yet they were the only people to have a key 

When pushed they admitted they had taken all the property and put it in storage so they could re let the room but they still insist all the electrical stuff had been stolen and they had reported it to police they then called police to have me removed from the letting agents 

The police told me no burglary had been reported the letting agent  then said they didnt report it as they couldnt get through to them 

They had my phone number but didnt ring they then said they had lost it but he had written it in his diary 

Where does my brother stand as the TV was mine which I lent him and his xbox ps4 ect has all gone missing 

 

The pic is of the lock that was on the door 

 

Screenshot_20190514-154729_Video Player.jpg

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you sue the letting agent for the lost items. They admitted thy have the reat in storage and cant prove a burglary so it is for them to make good

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Posted (edited)

mmfhater

Did your Brother give permission to letting agent to clear his room out ?

 

If No, Illegal eviction spring to mind.

 

https://england.shelter.org.uk/housing_advice/eviction/eviction_if_you_are_sent_to_prison

 

Just because someone been remanded or sentence to a term of imprisonment, the tenancy still carry's on.

 

Brother could be released next week or when ever, where he going to live ?

 

Courts and in the end bailiffs end a tenancy and not a Letting agent or LL.

 

Sounds like someone helped themselves to brother belonging.

 

Brother could sue for illegal eviction.

 

https://www.legislation.gov.uk/ukpga/1988/50/section/27

 

Damages for missing belonging

 

tort interference of goods act 1977 https://www.legislation.gov.uk/ukpga/1977/32

 

IMHO

 

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Take this rogue estate agent to the cleaners, they deserve it.

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Who is the Estate Agent?

 

I would also report this to the Local Council as the HMO needs to be registered and inform them of Estate Agents Actions at the same time checking they are actually registered as an HMO.

 

If not already done so I would also report the missing items as stolen to the Police.

 

 


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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.

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Thanks for the replies

The letting agent is Quinn and co owned by Martin Quinn 

 

A report has been made to the police and I'm now waiting for them to contact me 

I am also in contact with the council for the illegal eviction and I've looked at the list of HMOs and it doesn't seem to appear on it so I've asked the council and they are looking in to it 

 

I went in the letting agents  yesterday and video recorded everything and he admits that he cleared it out so he can rent it out as its losing money and one min he saying everything got stolen the  he admits it's in storage but still insists the electrical goods have been stolen but they did not inform me or the police 

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Posted (edited)

Do you know the who the owner is of the property is ?

 

If you do contact them and tell them what letting agent have been up to

 

If you don't know, try the land registry

 

https://www.gov.uk/search-property-information-land-registry

 

Only £3.00, click on Start know.

 

Good luck.

 

 

.

Edited by 45002
url

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Hi

 

Something else to consider looking at the Estate Agents website (go to the very bottom of the webpage) you will see 2 logos of bodies they are registered with.

 

Residential Landlords Association (RLA): https://www.rla.org.uk/

RLA Code of Conduct: https://www.rla.org.uk/about/code-of-conduct.shtml

 

The Property Ombudsman: https://www.tpos.co.uk/

https://www.tpos.co.uk/consumers/can-i-complain-intro

 

You could consider making a complaint to the registered bodies


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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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Press for the police to charge someone at the estate agent for the theft.

They must know who entered the room to remove goods, so that's the first suspect as there was no break in.

Every other complaint will not have any major effect on these rogue.

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Posted (edited)

Omg you cant make this up 

This is an email Martin Quinn the owner of Quinn and co sent me 

Bear in mind I have a signed letter from my bro giving me permission to get his personal property but martin Quinn wont let me 

 

You can’t evict someone who isn’t there? I told you we will not deal with you or your family so you have no need or right to attend our office and if you do the police will be called and they have already been notified of your intended visit.

 

If you are unhappy with the way we are dealing with this I recommend you contact a solicitor.

 

Bear in mind that we are not dealing with this property anymore so your solicitor should contact the landlord.

 

Please do not contact me again, I will not respond as I have nothing further to say

Edited by mmfhater

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Apart that he stole your brother's property and you have authorisation to act on his behalf.

Don't answer, go to the police as many times as you need to, until you find an officer willing to do what they're supposed to do: prosecute criminals. 

Print out all the evidence you have and the theft act, so to show that they need to do something. 

Forget about solicitor,  this is not a civil matter.

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Complaint filed with RLA 

Solicitor is also writing to them and I'm going down this eve as he will call the police so once they are there I will push for him to be arrested for theft 

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Make sure you have someone videoing whatever happens there, or you could find yourself in trouble with "witnesses" against you.

I would personally stay outside and talk to them from the street.

That way you wouldn't even trespass.

Bring all records with you so when the fool calls the police you'll have something to show them rather than telling them your version of events.

Hopefully someone (not you) will be nicked.

Whatever they say, remain calm, even if they say bad things about your family.

Again, get someone to film them and you.

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9 minutes ago, king12345 said:

Make sure you have someone videoing whatever happens there, or you could find yourself in trouble with "witnesses" against you.

I would personally stay outside and talk to them from the street.

That way you wouldn't even trespass.

Bring all records with you so when the fool calls the police you'll have something to show them rather than telling them your version of events.

Hopefully someone (not you) will be nicked.

Whatever they say, remain calm, even if they say bad things about your family.

Again, get someone to film them and you.

I always film when I'm there so there is no dispute  as I know the police would side with the rich letting agent 

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Better to have someone filming both parties, so they can't say you were provoking from behind the camera.

Also, if someone is close to you and they come forward, the camera held by you will not show who moved, so they can say you attacked them first.

Seen this many times with employees wearing body cameras.

Be careful.

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Update

Went to Quinn and co. to try and get the personal property back I didnt enter and martin Quinn called police 

 

Police wouldn't listen to me and backed him  and i was told if I go back il be arrested 

 

Called 101 and reported theft of property now waiting for police to contact me as I have him on video saying it's in storage but he is telling police it's all been stolen yet I have a witness that saw the contents of the  property being removed on the Monday daytime 

 

I have also informed the solicitor who is going to write to him about the property 

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Hi

 

I am sure the ICO may be interested in this as well as you have asked for relevant documentation with the full authority of said person in writing and they have basically refused.

 

Just a daft question when you asked for this information did you enclose a copy of said letter of authority so there was no question you could act on there behalf?

 

Anyway there ICO Registration Number is: ZA248972

ICO Link: https://ico.org.uk/ESDWebPages/Entry/ZA248972

 

If 30 Calendar Days have passed since they acknowledge your request for said information and they have refused complaint to the ICO: https://ico.org.uk/make-a-complaint/

 

Please Do Not go near there offices as you have found out from your last post this lot are playing hard ball.

 

Anything you do you put it in writing only, ensuring to keep a copy and get proof of posting, keep a good paper trail.

 

 


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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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7 hours ago, stu007 said:

Hi

 

I am sure the ICO may be interested in this as well as you have asked for relevant documentation with the full authority of said person in writing and they have basically refused.

 

Just a daft question when you asked for this information did you enclose a copy of said letter of authority so there was no question you could act on there behalf?

 

Anyway there ICO Registration Number is: ZA248972

ICO Link: https://ico.org.uk/ESDWebPages/Entry/ZA248972

 

If 30 Calendar Days have passed since they acknowledge your request for said information and they have refused complaint to the ICO: https://ico.org.uk/make-a-complaint/

 

Please Do Not go near there offices as you have found out from your last post this lot are playing hard ball.

 

Anything you do you put it in writing only, ensuring to keep a copy and get proof of posting, keep a good paper trail.

 

 

I've got no intention of going to the office again  

 

I have Also spoke to the trade body who were very interested in the emails so they now have a copy of them 

As the police officer took there side and wouldn't listen or act I'm thinking of putting in a complaint about him 

I'm also ringing the council again to try and get them to take action against them 

I'm doing everything I can at the moment to have Quinn & co of bmouth 

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Yes, start getting everyone involved.

Expose them but be careful to be absolutely factual. 

Don't say "they stole my property " but explain that they entered and removed goods and when challenged they said things were stolen, no break in, no police report.

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The council have phoned him and he has said my brother can return and they have not evicted him so the council  are just taking his word for it 

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yopu must understand somehting about the policeman's actions, they didnt side with the "rich estate agent" they decided that  your action was likely to cause a breach of the peace so asked you to leave to prevent that. Now the breach of the peace may have been Martin Quinn thumping you because you had upset him so there is a lesson to be learnt from this and it was hinted at but you missed it. You should have called the police first and told them why you were going to be there and ask them t be present to prevent a breach of the peace as you fear you may be assaulted because of his previous behaviour.  If they had someone available they would have turned up.

 

Now what you need to do is stop lashing out in all directions and focus on either getting a formal complaint of theft inverstigated or you take civl action  and sue for the value of the lost/stolen goods. Neither of these courses of action have anything to do with the council and if you want to try and get them interested in an unlawful eviction then you do that as a separate event

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I did go to police station before hand at approx 5pm and told them I was going there 

Not once did I go on to his property or raise my voice 

The PC was fine with me until he heard my surname and realised who my bro was 

 

I have spoke to a ds today about my bro and he is passing another message on to the OIC so hopefully I will be meeting him tonight when he starts duty to show him the videos I recorded 

 

When i told the ds about the letting agent saying everything got stolen he burst out laughing and said he had never heard of that and he has been in the job for nearly 20 years 

 

Like I said earlier the solicitor has emailed the LA and once they reply he will let me know 

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Solicitor has had a reply from letting agent and they are still saying everything has been stolen so I sent solicitor a bit of the video and I have been told to attend police station and show them the reply and video as 1 min he is saying it all got stolen

So hopefully they will listen now as the oic has not contacted me or replied  to me even thou I have said I have evidence of him lying and  a witness who saw them removing property and the la it seems has also lied on the police statement 

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then getting your complaint heard properly will make them think about clobbering agent for wasting police time and that may well make him think again about how he wants to deal with things.

 

Ultimately it makes your civil claim rock solid when you sue him for the value of the items that were not returned, judges dont side with peopel who have proved them selves "unreliable witnesses"

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