Jump to content


  • Tweets

  • Posts

    • So sorry it's took me a few weeks to respond back to you. Thank you so much for your response. My grandfather is clear about the pension deductions on his pay slips.  As I mention before all these went missing in the burgarly. We have tried Willis Tower Watson but they were not to helpful. I am stuck what we can try next. Thank you again.     
    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
  • Recommended Topics

  • Our picks

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

Lady E .v.Abbey


Lady E
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6117 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

Well I rang the Court today and a very helpful lady said that the Judge still had my AQ and draft directions in his pending tray. She has offered to call me as soon as the Judge has passed them back to Admin and let me know what is happening. The Judge reads the AQs in between hearing hence the delay . ALSO new policy has been received from Northampton , that of 16th April , AQs were dispensed with due to the time delay in getting bank charges cases to the court.

 

I have started photocopying some of my letters and statememnts that I have but I need to crack on and do my court bundles and of course my skeleton argument . A bit scared on that one as I have 5 charges which I am using S32 (B) © Limitations Act and whilst I know what I want to say ," you concealed that the charges were unlawful from me , even after the OFT report in April 2006, and I didnt know I could claim back until Dec 2006" ,I have got to find a way with words , that come across as professional and coherent.

I might leave that bit till last and holler for HELP !!!

Link to post
Share on other sites

  • Replies 102
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi LadyE,

 

Any news yet?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Rang court last week, papers till with Judge . Postie due at 1030am ,if nothing will ring on Wednesday, as it will then be three weeks since AQ had been due to be submitted.

 

Thanks for asking. How is your bundle coming along?

Link to post
Share on other sites

Blimey Ms E,

 

You get up early in the morning!!

 

 

I've printed off all the Bookworm stuff and now I'm at the photocopying stage. I feel an hour's overtime being necessary at work tomorrow evening to get it all done. It will run to a couple of hundred pages I would think, so to prepare two copies is a hell of a lot of copying.

 

Let's hope the postie brings good news for you:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

LOL ....my two little fellas get me up that early ;) .

 

I have started printing off my statements and my original letters courtesy of Lord E (well his work really) also copied corres from Abbey , it is the other bits I have to format first before I do any printing. You must have heaps of paper , just seems such a waste as Abbey should just do the decent thing and pay up,it makes me very cross . :evil:

 

When do you plan sending it in ? Are you taking it to the court by hand ?

 

Good luck Charley

Link to post
Share on other sites

Oh the joys of little 'uns............mine are both teenagers now so they mostly go to bed after me and given the chance, they'd stay in bed until the afternoon.

 

I've made a bit of a pig's ear of the Bookworm bundle stuff by not planning how many pages of statements and correspondence I'd got, I didn't number any pages by computer, so I'm going to have to number everything by hand as I put the bundle together.

 

The court offices are quite local to me so I might just drop it in by hand..........or should I post it and charge the cost back to Abbey out of spite:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Post it Charley, recorded delivery and charge the shabbey , LOL .

 

Just phoned the court, the Judge has allocated my case to the small claims court but did not send any directions etc. They are sending the papers back to him and hopefully I should hear within 2-4 days.

 

Did you see Marie's thread ? I wish I had gone to Reading Court LOL, but a bit of a trek down the M4 .

 

How is your numbering going? I guess I know what I will be doing this bank holiday.

 

Good luck

Link to post
Share on other sites

Hi LadyE

 

Well done for phoning..............now at least you know where you're up to and can plan around it. Beach or Bundle this Bank Holiday?

 

Hasn't mj done well...............I'm so pleased for her:) and BF posted on her thread as well;) she must be important!

 

Haven't been able to do any numbering yet............I've actually had to do some work this week and last night there was the small matter of a football match to watch.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi E,

 

How's your bundle looking?:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I have not done my statement of evidence yet or anyhting else.

I have just rung the Court again, and Mr Judge still has my papers awaiting directions . I know what I got to do ..................

Link to post
Share on other sites

Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I

 

Sorry to hear that E, hope everything's OK, and Abbey will still be there waiting when you're ready to face them:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • 2 weeks later...

Hi E,

 

You've been very quiet lately. Hope everything's ok:)

 

Come and tell us how you're getting on

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi Charley , yep still here . District Judge has been away on another holiday (more holidays than Tony and Cherie Blair, LOL , OMG maybe she is sitting in the county court as a sideline.....eeek). Papers are now with Judge to set a date . Everyone in the gang seems to have progressed so much further down the line than me , but it is also giving me more time to prepare. I saw you were boasting about your big one .......tee hee 242 pages of court bundle , I would love to see Ms Kirkmans face when Postie brings that to her desk . Forgot to say your title "Pay up you B******s" may not be the best title for a swift payment , although it will certainly draw attention to your case . Keep us posted .

Link to post
Share on other sites

Today Postie bought me a letter from the Court . It is a General Form of Judgement or order and it reads as follows:

Before District Judge****** sitting at **** County court , Upon reading the court file IT IS ORDERED THAT

1.the claimant shall file at court and serve on the defendant the following further information by 07 June 2007:

1.1 Each and every charge by amount and date which the claimant seeks to recover from the defendant .

2.This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

Dated 22nd May 2007

 

I am a little puzzled because I did all this when I submitted my AQ , I will obviously comply,I assume Judge does not want my bundle yet ?

 

Any advice please ????

Link to post
Share on other sites

Well the only thing that i can think of is that the other side have said that they have never received a list, I would ring the court just to clarify, and tell them that you have sent them a copy before you filed at court, the received a copy also with the N1 that you filed , but the bottom line is that you will just have to send it again

 

hope this helps

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi E,

 

I can only agree with Lula, and the only thing I would ask, is did you send in a schedule separately after you filed MCOL?

 

Also, ref your post#26 about s32, MadNick has put a great post on bonnie0852's htread all about it, so if you've not already done it, you could just lift it from there:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • 2 weeks later...

Well just to update......hand delivered list of charges to Court and posted copy to Abbey all done on 31st May.

 

CF - Thank you so much for that top tip re Sec32 , I now feel a lot more confident in explaining to Mr Judge the gist of my argument .

 

Now it is a waiting game again to see what Postie brings me .

Link to post
Share on other sites

Making progress E....slowly but surely we're getting there:) ;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • 2 weeks later...

Got a letter today from the Court , my date of hearing is 23rd August at 10am . I have to serve both the court and the Abbey my court bundle 14 days prior to the court date , I have a fair bit done (thanks to everyones help) do you think I should submit sooner rather than later???

Link to post
Share on other sites

sooner.................the sooner abbey get theirs the better. Only send the court theirs closer to the deadline

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi E,

 

Read clarion48's thread about costs...........................and get your cb in ASAP:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

  • 3 weeks later...

Now in the final stages with my bundle, I called Abbey today and spoke to Claire Fletcher, who sounded quite pleasant,she asked for my case number and date of hearing which I gave. She dug out my file asked for my tel no. and said either her or a colleague would be reading it and will call me back to settle out of court. Was this part 7 to Jackanory or do they actually call people back to negotiate?? Yep I know I am cynical , but there is hell of a lot of work in this bundle business :)

Link to post
Share on other sites

Well i would suggest that you have a spreadsheet ready with all the time it has taken you to compile your bundles @ £9.25 per hour, plus all postage, printing, photocopying costs incurred and make sure that this is included in your settlement, otherwise, you can not settle at this time and put in a Wasted Costs order at the court with all this information, please God you have kept any receipts :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

  • 3 weeks later...

Help- just having a wobbly . Have got all my documents and case notes printed , I did a draft statement of evidence and then popped back to Gary H "Got a court date" help sheet and am wondering if I actually need a statement of evidence? Mr Judge ignored my draft directions and issued a court date and instructions as follows-

Each party shall deliver to every other party and to the court office copies of all documents including any experts report on which he intends to rely on at the hearing no latrer than 14 days before the hearing.

 

Does that mean basic court bundle and other bits that I need eg copy of limitations act , but not a statement of evidence???

 

Sorry I

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...