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    • Add in thoe who will refuse the Pfizer as they are afraid due to the reports of death and side effects from it That storage requirement is the big issue with its use.
    • As opposed to the instruction to medics that they must not use ‘spare’ doses of the vaccine for second doses or on anyone outside the designated groups you mean?  I’m unimpressed with either strategy.  Throwing it away or not using it at all - either way an’t doing any good.
    • How about something like? ...   Dear Simple Simon.   Ref PCN: **** VRM: **** Contravention Date: 06/10/2020 Issue Date (Posted): 22/10/2020 Date Received: 27/10/2020   Cheers for your Letter Before Action.  My local supermarket has completely run out of toilet paper, so it was good of you to help me out in these dark days of lockdown and panic-buying.   I've already told you on XX/XX/XXXX that I know your case is pants.  I see in the Letter Before Action you couldn't resist adding on the Unicorn Food Tax too so that's a spectacular own goal to add to the list .   How many times have you been hammered in court in Berkley centre cases?  If you want another thrashing, that's fine by me.  I will seek a full costs order due to unreasonable behaviour under CPR 27.14(2)(g), and I've already drafted my particulars of claim for breach of GDPR and the Data Protection Act.   I now look forward to your deafening silence.
    • “The Pfizer vaccine comes in large packs, which cannot be split and must be stored at ultra-low temperatures – at -70c. There are only two centres in Wales where we can keep them at this temperature. Once removed from storage, the vaccine lasts five-days. Every dose wasted is a vaccine which cannot be given to someone in Wales. Health boards are receiving all the doses of Pfizer they can use.”   There does seem to be at least some method in what at first sight seems to be his madness. Particularly given the reports on refusals/not turn ups given the pfiser 'fragility'  
    • 100's of like claims here   type hermes in our search top right in the red banner.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

taking landlord/estate agents to court . .


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I moved out of my previous property in feb07, and on the day of the check out the estate agent said that we would have no problem getting the deposit back.

However, a cheque arrived and they have deducted £185 for:

not keeping the garden to an acceptable standard

Not paying rent by standing order

Stain the carpets

lightbulbs missing.

 

I have written to the estate agents who have ignored my letter in which i explained that the dis repairs were there when we moved in and as they failed to provide an inventory, to dispute that.

I have written to them again and asked for the landlords details as it is him who is with holding the money, and also a breakdown and invoices showing that the deposit is being used for the stuff he alleges i damaged.

 

If i take him to court, and i dont have the landlords details, do i take the landlord to court, as they are his agents?

 

Also, do i add on 8%interest or is that just with banks?

 

Much Appriciated

HSBC- £1186 :DSettled in full

 

Yorkshire Bank - Settled in full :D £1214

 

Nationwide - Data Protection Act sent

 

CC Homes - LBA issued

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You can ONLY sue the landlord, noone else.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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So HOW do i sue the landlord we only dealt with the agent, and they wont respond to my letters asking for the landlords details?!

HSBC- £1186 :DSettled in full

 

Yorkshire Bank - Settled in full :D £1214

 

Nationwide - Data Protection Act sent

 

CC Homes - LBA issued

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Karljj1,

 

Under Section 1 of the Landlord and Tenant Act 1985 (c.70) they have to give the landlords details - extract:

 

Disclosure of landlord’s identity.

1. - (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a) any person who demands, or the last person who received, rent payable under the tenancy, or

 

(b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

 

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

 

(2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

 

(3) In this section and section 2—

(a) “tenant” includes a statutory tenant; and

 

(b) “landlord” means the immediate landlord.

 

Section 2 covers the case where the landlord is a corporate body.

 

I think somewhere in the Act it states that the landlords address must be in the UK - or else c/o an assigned agent.

 

Regards,

John

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You can ONLY sue the landlord, noone else.

 

 

Actually I named the LA as the co defendant on the N1 form. Seems to focus the mind somewhat and stop the usually we dont have your deposit the LL does and I dont have your deposit the LA does argument.

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Thanks John the above info is very useful. They have 10 days with which to respond to my previous letter (i'm not holding my breath).

Then i will write to them again stating that i know they have to tell me and if they refuse i will list them as co-defendeants as Planner did.

 

Quick Question tho, Planner did you have to go to court or did you settle?

 

 

All information much appriciated :D

HSBC- £1186 :DSettled in full

 

Yorkshire Bank - Settled in full :D £1214

 

Nationwide - Data Protection Act sent

 

CC Homes - LBA issued

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Sorry, forgot to ask, can the estate agent withhold receipts and invoices which i have asked for to prove that the money is going on the house?

 

I wrote and asked them but have got no reply. :mad:

 

Ignorant twerps

HSBC- £1186 :DSettled in full

 

Yorkshire Bank - Settled in full :D £1214

 

Nationwide - Data Protection Act sent

 

CC Homes - LBA issued

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It ended up in court im affraid. The judge awarded me £540 of the £640 deposit the LL was witholding. The LL gave me a cheque in the court room there and then so no problems trying to enforce the judgement in my particular case.

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  • 4 weeks later...

OK . . . Quick update. After writing 2 letters and not getting a response i phoned the LA. They had decided i wasnt etitled to know any of the LL details until i read out the statement from John howell above. I was told it would be with me by the end of the week.

18 days later and i'm still waiting.

I tried ringing them again and cant get a response now. How do i go about getting them fined etc as stated above?

Also, what happens now? They wont send me the LL details or a breakdown of the costs "incurred"to him no recepits or invoices?

HSBC- £1186 :DSettled in full

 

Yorkshire Bank - Settled in full :D £1214

 

Nationwide - Data Protection Act sent

 

CC Homes - LBA issued

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karljj1,in reply to your posts and in my view - some of the information below may have already been mentioned by otheres trying to help you:

 

1.You are entitled to know your landlord's full details.

 

2.You should be able to find out the details of ownership of the property that you lived in through HM Land Registry if the agent fails to provide you with the details.

 

3.You sue the landlord and not the agent.

 

4.Keep all dealings with the agent and landlord(once you find out who he is!) strictly in writing and always send them by Recorded Delivery.Keep your recorded delivery stubbs in a safe place as you may need to show them to a judge further down the line.

 

5.Once you get the landlord's details - give him up to 1 month to "cough up" and if he doesn't sue!It is as simple as that!

 

 

6.It is in your interest to try and resolve the matter without the need for a court hearing

 

 

7.If you landlord has not paid you,you would be able to get 8% - simple interest added on to the amount he owes you.

 

I hope you find this information useful.

 

If you have any questions,just ask.

 

Keep us posted.

 

All the best!

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1.You are entitled to know your landlord's full details.

 

Not necessarily, AFAIK once you stop being a tenant you are not entitled to the information as the Landlord and Tenant Act states the word "tenant". Once you vacate, you are no longer a tenant.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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Esio trot,in reply to your last post:

 

1.Perhaps I was not clear but I was not referring to the Landlord & Tenant laws but the laws associated with landlords/agents i.e. agency law.

 

2.The last thing the poster would want to do is go and write letters and pay summons fees etc only to find out that he is persuing the wrong person/company.

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Not necessarily, AFAIK once you stop being a tenant you are not entitled to the information as the Landlord and Tenant Act states the word "tenant". Once you vacate, you are no longer a tenant.

 

Interesting point.

 

If it is correct then the principle should be applied to S 48 of the Landlord and Tenant Act 1987 (which provides that rent is not due until the landlord's address is furnished) so that if:

 

1. A tenant goes into possession

 

2. The landlord does not furnish his name and address

 

3. The tenant does not pay any rent

 

4. The tenancy comes to an end and the tenant vacates

 

then there is no tenant for the landlord to supply his name and address to and therefore no rent can be claimed.

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Whilst it is true that if you are suing for a breach of agreement you should always sue the landlord, when it comes to getting your deposit back you should join in the agent if (a) the agent is actually holding the deposit or (b) should be holding the deposit. The agent should be holding the deposit if the tenancy agreement expressly provides he should hold the deposit or the agreement provides that the deposit is held by the agent as stakeholder.

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