Jump to content


  • Tweets

  • Posts

    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
  • Recommended Topics

Is modifications in a standard AST legally binding for non payment of rent ? **RESOLVED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 758 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

On 22/01/2022 at 01:50, stu007 said:

 

 

I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?

 

 

Sorry, I would rather not do that. 

 

I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract. 

 

So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 

Link to post
Share on other sites

1 hour ago, axil23 said:

Sorry, I would rather not do that. 

 

 

Go and show All the paper work to a solictor then and seek their advice, think its becoming pointless anyone from CAG advising you anymore !

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

Hi

 

I see no reason posting a Redacted copy (in PDF Format) will affect you with Mears as to give the proper advice you seek especially since you have sent them a Letter Before Action (LBA) you should be fully aware that your next action Court Action to resolve this if they fail to reply or reply and dispute your claims.

 

Without the above (as so far you have only given us very small parts of this agreement) it is going to be difficult to advise.

 

Have you sent them the Subject Access Request (SAR) that I also advised?

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

  • 2 weeks later...

Hi

 

Just thought I would pop in to see if there is any further update on this.

 

Also in reference to post#37 which refers to the 'Law of Property Act 1925 you need to be careful when reading what sections are referred to in that post.

 

You need to read the Original Enacted Version of the Law of Property Act 1925 and the sections referred to:

 

WWW.LEGISLATION.GOV.UK

 

Then you need to very carefully read the the Revised Version and those Sections:

 

WWW.LEGISLATION.GOV.UK

An Act to consolidate the enactments relating to conveyancing and the law of property in England and Wales.

 

 

 

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Why is it necessary to read the sections as enacted? What is relevant is the law at the time the document was signed. There have been no changes to the sections since the document was signed. In any event such changes as have been made do not affect the question of whether a deed is needed for the grant of a tenancy exceeding 3 years to be valid at law.

Link to post
Share on other sites

These were referred to in the post stated in my post and to clarify to the OP that they need to read both the Enacted version and the Revised version of the Sections that were referred to in the Law of Property Act 1925 that you stated as I prefer to provide actual website links so the OP can read these for themselves to make there own informed decision on how to proceed.

 

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Post 37 was addressed to 

6 hours ago, stu007 said:

These were referred to in the post stated in my post and to clarify to the OP that they need to read both the Enacted version and the Revised version of the Sections that were referred to in the Law of Property Act 1925 that you stated as I prefer to provide actual website links so the OP can read these for themselves to make there own informed decision on how to proceed.

 

 

 

Post 37 was addressed to you rather than the OP as in post 36 you said I had read the thread on LLZ incorrectly and that my opinion was wrong. I have no problem with that as I am sure it was what you believed to be the case. Post 37 was to persuade you that I had read the post correctly and that my opinion was sound. I set out what I believe to be a cogent argument that the law was as I said it was. You expressed the view that I was confused and I responded with further clarification to which you have not responded, which of course you have no obligation to do. If you still believe my opinion is incorrect then I refer you to this article in the New Law Journal written by a barrister and professor of law.

 

The status of the lease is something of a side issue, but still important. If it is the case that Mears do not have a lease valid at law it has to be worth the OP mentioning it to them. One would hope they would back off if they realised they had an invalid lease.

 

Ignoring the status of the lease:

 

Without doubting your good intentions and with respect to you and others who have commented, you have not homed in on the key issue and have made suggestions which are inappropriate. The key issue is that Mears have not followed the procedure set out in the lease they drafted and therefore nothing is payable. That is all that needs to be said, at least to start with. If you ask for invoices to justify the amount demanded you are in danger of conceding you owe something. At a later stage, if Mears come up with an arguable case, it may be appropriate to query the amount, but if you do you need to do it carefully so that it is clear you deny you owe anything.

Link to post
Share on other sites

I am glad to say they have responded and will pay the rent. They have raised a dispute and once they get the money back they will pay me. Not sure how long this could take as they are now in 2 months arrears. 

 

I would like to thank the both of you for your help. Both gave fantastic guidance.  👍

 

 

Link to post
Share on other sites

Update your topic once received and we can mark your topic resolved.

 

Well done 

 

Andy 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi axil23

 

You are more than welcome to the assistance

 

As for Mears saying they will now pay the Rent but are in dispute and have to wait to get the money back, sorry that doesn't wash get the money back from who and as you mention they are 2 months in arrears payments which could end up by the time they pay this 3 months in Arrears.

 

IMO I would ask them exactly when these 2 months Rent Arrears Payments are going to be paid and remind them that they can't with hold Rent Payments due to a separate matter of the ongoing Roof Invoice dispute

 

I know I asked if you could post up a Redacted copy of the Agreement with Mears in PDF Format and you did mention in post#54 that you would and I do understand that you may be busy but is Mears are still trying it on with the Roof Invoice it would help to see that Agreement and the clauses contained within in it.

 

If you haven't done so yet as Mears are still disputing this Roof Invoice make sure and get that Subject Access Request which I hope you have already sent to them.

 

Have you been able to get a statement from the Roofer that you employed to inspect the Roof and carry out the needed repairs? (I really think you do need this to assist with the Roof Invoice Dispute)

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

21 hours ago, stu007 said:

 

 

IMO I would ask them exactly when these 2 months Rent Arrears Payments are going to be paid and remind them that they can't with hold Rent Payments due to a separate matter of the ongoing Roof Invoice dispute

 

 

 

 

 

They are now saying I will get the funds within a week. So looks like its all good. Any further issues I will make sure to upload the agreement but hopefully this matter is now finished. 

 

Once again I thank you and Aequitas for your assistance. Honestly you both have been so helpful. 

Link to post
Share on other sites

Hi

 

You are more than welcome and thanks for the update it is appreciated.

 

Please lets us know when you eventually get the Rent Arrears Payments and if further issues with the Roof Invoice Dispute with them.

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

  • 4 weeks later...

Hi axil23

 

Just thought I would pop in to see how this is going with Mears.

 

1. Have you had the Rent Arrears paid to you yet that Mears promised to do?

 

2. How is the Dispute with the Roof repairs progressing?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

You are more than welcome.

 

Also does that include the Roof Dispute is resolved or still ongoing?

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Thanks for that update but before I mark your thread title as ** RESOLVED**

 

Could you possibly give us a small update on how you resolved the roof dispute with them as it may help others in a similar situation?

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Hi axil23

 

Many thanks for that will be useful to others.

 

Will mark your thread Title as ** RESOLVED**

 

You know where we are if you need any other assistance

  • Like 1

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

  • stu007 changed the title to Is modifications in a standard AST legally binding for non payment of rent ? **RESOLVED**
  • 4 weeks later...

Hi axil23

 

Just thought I would pop in as I know I marked your Topic as resolved with the matter of the Rent Arrears has been resolved.

 

Just checking on the issue of the Roof Repairs they were claiming and if that side of this matter is still ongoing with Mears or have you managed to resolve that with them as well?

 

Hope your keeping safe and well

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...