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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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    • 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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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
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A2Dominion - Housing Association property flooding - damning ombudsman report

https://a2dominion.co.uk/

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Hi

 

You are more than welcome and you look after yourself and we are here even if you want to let off steam about this.

 

 

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Hi

 

Thanks for that update.

 

What I would do is wait until the end of the week (Friday) to contact the Ombudsman again and inform them that there deadline of Tuesdays for A2 to respond has passed and you have been reasonable and given them until this call and they have failed to respond to the request you the Ombudsman have given them.

 

In your opinion they have Breached the following:

 

1. Breached the Ombudsman request to either resolve this matter or issue the requested Deadlock Letter and to respond by Tuesdays 21st June 2022 and I gave extra time for them to respond so the failure to provide the Deadlock Letter seems a deliberate act by A2 to prevent a Service User going to the Ombudsman.

2. Breached there own Complaints Procedure.

3. Breached there own Customer Care Policy/Charter.

4. Breached there own Communications Policy.

 

Also ask the Ombudsman if they can give you a copy of the letter they sent to A2 so you can have this for your records.

 

 

When you do contact the Ombudsman make sure and point out the above  and ask for a copy of the letter they sent to A2 as to be honest A2 are not doing themselves any favours here especially ignoring that request from the Ombudsman.

 

You take care and look after yourself.

 

 

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HI

 

Thanks for the update.

 

That is shocking that the Ombudsman has said that the case worker assigned to you will call within 5 working days.

 

I think you need to point out to then very clearly without them thinking you are being aggressive/angry this is important as you want them on your side the Breaches I mentioned in post#78 especially that A2 have Breached the Ombudsman's letter/contact to either resolve this matter or issue the Deadlock letter and A2 have failed to do this even with you giving them extra time.

 

Note: if A2 have still have still not dealt with this as per the Ombudsman contact above you make sure when they do contact you that you point this out as per there phone call A2 have had all this extra time (as this adds to the extra time you have given them and makes A2 look bad to the Ombudsman's request)

 

Make sure and ask them for a copy of that letter they sent to A2 to resolve or issue Deadlock Letter for your records.

 

As for your evidence try to make sure you can scan all this into PDF Format (if possible) and make it one multiple PDF with all your evidence in it in date format. whether its written (with your proof of posting), email, etc. as this will make is easier for the Ombudsman rather than numerous documents.

 

You look after yourself and you know where we are if you need any further help just let us know

 

 

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Hi

 

Yes to your question on Evidence absolutely everything letters/emails/proof of posting etc to and from you to A2 everything and try to scan it all in date format to one multiple PDF.

 

This way you have it to hand and easy to forward it all in one PDF to the Ombudsman when required.

 

If you need any help in doing this please let me know but please do not post your evidence here on your Topic at present don't want to give A2 a heads up

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 2 weeks later...

Hi Stu,

 

Well the case worker finally got back to me today and confirms they have had no response from A2.

 

I tried to share what was suggested above but was informed that they have to follow their processes, that they are impartial and have a process to follow. He assures me that this is likely not personal to me but a breakdown in their processes (which of course is very unlikely). He's on annual leave now, so will get back to me  next week after speaking to his manager but advises that the likely process is:

 

1. 1st (informal) contact (which has been done)

2. 2nd (formal) contact

3.2 more chasing up letters/emails

4. complaint Handing Failure Order (CHFO)

 

There wasn't really much else I could say. He has forwarded a copy of the email he sent A2, and I will update when I hear back.

 

Thanks again

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Hi

 

Thanks for the update but A2 are showing the Ombudsman the same contempt but they have to follow there process sadly.

 

IMO I would send A2 another letter headed Formal Complaint.

 

Dear Sir/Madam

 

Insert Complaint Reference Number Here

 

Further to my last letter dated XX/XX/2022 which to date you have received but failed to respond to as with many of my previous correspondence which you have also to date failed to respond to you are now in Breach of your own Complaints Procedure.

 

As a Service User that has been displaced due to flooding of there property which was not caused by the Service User your actions to date show utter contempt for someone that is in the situation I am in at present which is affecting my Mental Health due to your complete in action to resolve my complaint and breaching your own procedure.

 

You were also contacted by the Housing Ombudsman as asked to either resolve this matter or issue a Deadlock Letter and to inform the Housing Ombudsman within a certain time limit which to date A2 have completely ignored and failed in the Housing Ombudsman's request not even acknowledging which they are fully aware of.

 

I now require a Letter of Deadlock from A2 I will not accept anything else since you seem happy to breach your own complaints procedure and ignore the Housing Ombudsman's request.

 

I attach a copy of the email that the Housing Ombudsman sent to yourselves which you failed to acknowledge therefore Breached.

 

I look forward to your reply.

 

 

Feel free to amend the above to suit your needs, this also shows Ombudsman that you are trying to get a Deadlock letter for them to take over direct and if A2 don't respond makes them look bad as they already do by failing to respond to the Ombudsman.

 

Would love to see the email that the Ombudsman sent but please DO NOT post it here on the open forum don't want A2 to see it, so what you can do is send me a private message just hover over my avatar and when that open you will see 'Message' just click that and you can send me a private message (just type into it what the email says the Ombudsman sent).

 

You look after yourself and take care

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi

 

That's good as it still shows to the Housing Ombudsman that you are being reasonable although you are asking for a 'Letter of Deadlock' due to their complete failure in there Complaint Handling therefore Maladministration by A2.

 

Got your Message and that is gold dust so make sure and keep that very safe.

 

You keep your head held high and try not to let this get to you (I know that's easy for me to say as not going through this) and make sure and look after yourself.

 

As I have said before we are here even if you just want to have a rant about this.

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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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Hi

 

So they finally get off there lazy butt after you mention they failed to acknowledge the Housing Ombudsman and provide evidence of their contact to A2 and whoever wrote that response need to go back to school so many spelling errors and that's from there Head of Complaints oh let's our own staff investigate themselves on data protection and maladministration really.

 

Oh sorry for the POOR COMMUNICATION but here is a discretionary offer of £100. (I can't tell you whether to accept this offer or not as I don't know what the Housing Ombudsman outcome would be with this especially the way the dealt with A2 ignoring them sort of says who they will deal with this)

 

So you now have there Final Response and can take this to the Housing Ombudsman (bear in mind what I mentioned above)

 

What a load of BULL (can't swear on forum)

 

I bet there dates mentioned in that letter there is a lot more complaint letter dates they failed to acknowledge.

 

So what I need you to do for me is give me a list of dates whether it was letter (with proof of posting) and they failed to acknowledge it and the same if sent by email. Please do this in bullet point and with each let me know if the failed to acknowledge it and you have proof of posting.

 

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi Stu,

 

This is all very frustrating. These are the letters sent since they refused stage 2 for which I received no response. They were all sent by both email and letter and I have proof of posting for all. 

 

I received an automatic (generic) reply confirming receipt of them all too.

 

Thanks again.

 

·       02/12/2021 (emailed on 01/12/2021, challenging their response and why stage 2 refused etc.)

·       10/12/2021 (requesting copy of public liability insurance)

·       17/01/2021

·       07/02/2022

·       09/03/2022 (chasing up on the above, questioning why works have not commenced and why I was given times when it would be competed and requesting letter of deadlock)

·       28/03/2022 (chasing up the above, requesting Stage 3, stating they have failed to agree works with the contractor to begin works)

·       05/05/2022 (informing them the ombudsman have been contacted and options to deal with this)

·       13/07/2022

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Hi

 

Not forgot you on this let me work on this one as need to go through your Topic fully with the dates you have given in your post and that complete bull Final Response from A2 so I can word something appropriate for you for the Ombudsman.

 

Question for you? Can you scan all your evidence into PDF Format and I do mean everything including any responses A2 gave you???

 

You look after yourself and keep you head held high try not to let this get to you and take care

 

 

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Hi Stu,

 

I just wanted to clarify (although I know you did say everything)..would this include my email exchange with the contractor regarding the works on the property not having started?

 

I will have this PDF done in the next couple of days.

 

Thanks again

 

also, i chased the contractor last week for an update and got this response:

 

Good afternoon,

 

Just spoke to my project manager and the lost adjustor insurance has finally been agreed. We now waiting WCJ specification so we can proceed with works.

 

Not sure how long till we get work started as it still has to be agreed via partnering team

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  • 1 month later...

Hi

 

Sorry for the delay but here you go please amend to suit your needs.

 

Your Address

 

Ombudsman Address

 

Date:

 

Dear Sir/Madam

 

Reference: (insert Ombudsman Reference here)

 

I have now received a Final Response from A2 Dominion about my Complaint dated XX/XX/2022 which I only recieved due to me once again having to chase A2 Dominion and pointing out their complete failure to respond to yourself the Ombudsman.

 

Data Breach

 

The final Response has failed to take into account the following:

 

1. Irrespective that Tracey made an error typing the email address and that it was returned undeliverable and that she investigated her own
error that this could have had serious consequences if it had been delivered and the email address error is Maladministration and why is the person that caused the error investigating there own mistake.

 

2. A2 Dominion have taken no corrective action to ensure this type on matter does not happen again as this should have been passed to the Data Protection Officer.

 

Contents Insurance

 

1. As Tracey did state I would have been told about this then the person writing the letter states Tracey is incorrect at the time I was told this by
Tracey I did ask her to provide evidence from my Housing File that I was informed of this and that request at that time was ignored.

 

2. Due to the above once again a staff member gives incorrect information but again no corrective action is mentioned for this staff member by the was of further staff training so A2 again have failed due yet again by maladministration of their staff.

 

3. As I came from the Homelessness Scheme I would be completely unaware of the requirement for Contents Insurance and feel this should have been made perfectly clear to people in my position rather than using the excuse it is in the Tanancy Agreement that you shigned with the Landlord.

 

Flooding at the Property

 

1. I was informed by there staff at the time that it would take 4 weeks to carry out the repairs if I decanted from the property which now that information was completely inaccurate as it is now over 8 months and still ongoing.

 

2. They have caused delays to the repairs due to their maladministration as the contractor nominated to carry out the works is having to chase A2 for permission to carry out the works constantly with no reply from A2 therefore prolonging the repairs needed to the property which I have correspondence from their contractor to confirm this.

 

3. I have recently contacted the contractor (Project Manager) to be made aware the lost adjustor insurance has finally been agreed. We now waiting WCJ specification so we can proceed with works. Therefore the work to my property have still not been carried out with NO update to date on this matter from A2 Dominion.


What A2 Dominion also failed to point out in there Final Response letter is there complete failure to acknowledge my letters/emails on this matter therefore again breaching there own Complaint Procedure, Communications Policy the date of those letter/emails are as follows and I also attach copies of these:

02/12/2021 (emailed on 01/12/2021, challenging their response and why stage 2 refused etc.)

10/12/2021 (requesting copy of public liability insurance)

17/01/2021

07/02/2022

09/03/2022 (chasing up on the above, questioning why works have not commenced and why I was given times when it would be competed and requesting letter of deadlock)

28/03/2022 (chasing up the above, requesting Stage 3, stating they have failed to agree works with the contractor to begin works)

05/05/2022 (informing them the ombudsman have been contacted and options to deal with this)

13/07/2022

 

To date A2 Dominion have failed to inform me of my Rights under the Right to Repair Scheme probably because they have failed in carrying out the repairs to my property due to there failure to action the contractors request for permission to carry out the works required and not notifying the Tenant me that they A2 are causing the delays not the contractor.

 

I look forward to your assistance in this matter

 

Yours Sincerely

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Hi

 

attach everything from your letters/emails to theirs right down to that disgraceful Final Response.

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  • 2 weeks later...

Hi

 

Just thought I would pop in to see if you have at least had an acknowledgement from the Housing Ombudsman? (I know they will be back logged and still catching up with things due to COVID-19 like everywhere) but you should at least have had an acknowledgement from them.

 

I hope you are keeping well and safe, you take care of yourself.

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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.

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