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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Eviction Time Again - Twice In 7 Months


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Posted (edited)

Hello Friends.

I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it. 

 

These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.

 

I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.

 

They have told me they are starting legal proceedings. They have sent me an invoice for £395 to cover court fees, the court paperwork states £391.

 

I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.

 

The court paperwork arrived today, i can post this or the notice if needed.

Edited by mystic_bertie
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You sure it's a Section 48 notice?

Section 48 notice is just telling you who your landlord is.

Have they sold and they're just telling you who your new landlord is or is it an actual eviction notice?

Might be best scanning it up just in case here.

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lolerz, many thanks for your reply and correcting my big mistake, oh dear start again. ;)

They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork. ;) 

 

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Tagging @stu007 who's great with this.

You should have at least 2 months notice with a Section 21 notice (Which Form 6A is used)

For now, scan, redact and upload anything you think will be useful :)

 

 

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hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond.

Ill get the docs scanned soon thanks. ;) 

 

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Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post.

The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house.

I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st. ;) 

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Hi

With the Section 21 Notice I do hope the Landlord issued you with:

Energy Performance Certificate (EPC) for the Property

How to Rent Guide

A current Gas Safety Certificate (if gas in the Property)

If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence)

Have a good read of this link:

Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK (www.gov.uk)

 

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Stu007. Many thanks for your reply. ;)

They have supplied all the necessary documents so it looks like everything is above board. 

Many thanks for the link, once again everything seems above board. 

I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later :) 

I have filled out the defence form, took pics, i will redact it later and post the pdf. ;) 

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Hey guys sorry for the delay in replying. I finally got round to redacting my defence form. Could someone please kindly give it the once over when they have a spare bit of time ;)

What rights do the letting agent have in recovering the court fees from me. The court fees are £391 yet they are charging me for £395, £4 more. Can they take this off of my deposit or do they have to wait to see if i pay it off my own back? They have put this on my online account right away.

New defence form may 2024.pdf

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Hi

Just had a wee look at your PDF and nothing really to add.

Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim.

If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.

 

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Good afternoon Stu. Many thanks for taking a look at my defence pdf and giving it the ok. :) 

On the claim form Question 3 they ticked yes   'are you the claimant asking for an order that the defendant pay the cost of the claim?' . So it looks i can only hope the judge sympathises with my appalling treatment by the landlord and their agent.

 

As i previously said i was so desperate to find a place due to my previous eviction 7 months ago, i took something that i was not entirely happy with. If you look at the pics on my attached pdf, you can see masses of weeds at the front, side and rear garden, the back grass needs professional equipment to cut it, countless dead insects on many places including the kitchen window, same with the disgusting cobwebs.

Regarding the garden The girl told me she would talk to the landlord but nothing was ever done, i have not touched the garden and its still in the same mess except there is lots of dead grass. I thought all agencies would get a cleaner in before a new tenant moves in but it seems the landlord was too tight to get this done. I was left with no option but me and my daughter to clean this up.

Stu do you think its worth making the judge aware aware of the mess i faced when i moved into this house?

pics of poor condition.pdf

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Dear Stu. I have been very annoyed that they put this fee on my account right now, as you said the court might rule that i have to pay it further on. This sounds like a dodgy practice. Below is what the account manager sent to me when i asked her why this was getting added to my account right now. Is this legal what they are doing i.e. pre-empting the judges decision it seems.

'Thank you for the email.

 The court fees have been added to your account as you have not vacated the property. If the court decide that the landlord is not able to recoup the costs, we would remove the charge from your account.

 At present, the court costs have not been deducted from the payment you made towards the rent.'

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Hi

Sorry for the delay in getting back to you

The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke.

So I would Ask them:

Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge.

Until the above is answered you require these Court Fees to be removed from your Account

(Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)

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

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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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Good Afternoon Stu,  Many thanks for your reply. I will do as you suggest and email them for the exact terms.

I shall have a look through the Tenancy Agreement too  myself ;) 

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