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    • 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 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
    • yes a judgement sorry I used the wrong word before
    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
    • I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent.   We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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      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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    • 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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Quick question re DPA request letter


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Hello to you all,

 

After stumbling across this site from moneysavingexpert.co.uk and reading many of your posts I would like to express how impressed I am with the amount of very knowledgeable and very helpful and friendly people you guys are!

 

I have customised the first DPA letter, however, was just wondering why I need to request all transactions instead of just the charges alone, and also the bit about interventions by anyone, as per the template?

 

 

I ill be posting the letter tomorrow, recaorded delivery, and I will be keeping a folder with copies of all letters sent and recieved with dates, proof of postage, records of telephone conversations with names etc etc. Just for anyone wondering I estimate over 6 years my chrges could be between £300 and £800 at a total guess! But whatever it is I am fighting for the principal more than the money.

 

I alwyas assumed that bank charges, although very unfair and a total [problem], are legally enforceable as the charges were set out in the terms and conditions of the account, but now I know I am wrong, I will spread the word to EVRYONE i know, and, obviously, I will make donations to this site when I get my charges refunded!!

 

Thanks to you all!

 

 

Partyboy

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Hi there and welcome!!

 

With regard to the manual intervention... this is the banks defence of the charges, they say someone has to intervene for every failed transaction and that is what the charge is for..... but I and others have it in writing from the Halifax that all charges are automated, so if you have confirmation that your charges are automated it will look very good for you IF it gets to court and they try and use that argument.

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Thanks very much, will keep you all posted!

 

 

Although I am fairly confident it wont go to court, going by all the posts I've read so far :)

 

 

we get stiffed by the governement enough as it is constantly bending us over and lubing us up with current tax and everything else we dont need the banks to [problem] us out of out hard earned money aswell :shock: let's give these mo-fo's back some of the grief and inconvenience they've all too often given us!

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Have my DPA request ready to send recorded tomorrow, In the letter do I have to ask for all transactions inc charges or will just a complete list of charges + manual intervention information be sufficient?

 

Many Thanks

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Hello PB,

Use the template and all will be fine. :)

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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Please stick to one thread for the same overall subject matter.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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