Jump to content


  • Tweets

  • Posts

    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
    • Susan Crichton is at the Inquiry today. She seems to have trouble remembering a lot of things but seems to find it easier if it's something that shows her in a good light.
    • Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
    • That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one  would give what he said, any credence. The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse!  I wish my Fiancé would have bought from them rather than H Samuel! Do you think we do need to get another report from and NJA accredited Jeweller ?
    • Really pleased that you won. UKPC know that you have supremacy of contract but still they persist because so many motorists blindly pay them.   Muppets.
  • 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

going to court


CHRIS 66
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6098 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

today i contacted the court to see if DG had presented there papers to court following instruction to do so from the last form we had N24

it appears that DG have given the court there papers a week ago . I too gave my papers to the court on 29 th june. Now my problem is this ......Ihave not had anything fromDG and i sent them copies of all that was sent to the court as requested,but nothing from them is that normal?? Also my court date is set for 21st sept what are my chances of DG settling out of court :-?

Link to post
Share on other sites

thanks for the reply Pete, the only thing the court really said was that they had received the paperwork from DG on the 2nd july . i explained that I hadnt had anything at all from DG . Should I expect anything ?? They havent replied to my two nudge letters so far . Its begining to get on my nerves the fact that DG dont even acknowledge my letters !

Link to post
Share on other sites

ok, its says.....

upon the courts own motion. the court has made this order of its own initiative without a hearing. if you objectto the order , you must make an applicationto have it set aside, varied or stayed within 7 days of receiving it........it is ordered that on 13 th june 2007 the papers in this claim were considered by District judge AAButler who allocated the claim to the small claims track to be heard at .......

 

The folowing directions apply to this claim...

the claiment shall within 21 day of service of this order send to the defendant and the court

a, a schedule setting out each charge repayment of which is sought , showing the account no. date amount and reason if any for that charge being made.

b, a statement of evidence ,if such is to be reied upon in support of the claim and copies of any decided cases etc....

The defendant shall within21 days........

a, pursuant to what contractual provisionsuch charge was made,producing a copy of the contractual document relied upon;

b, whether such charge is accepted to be a penalty and if not why not.

c,if such a charge is alleged to be a pre estimate of the defendants loss incurred by the claiment s action (wether or not such action is to be treated as a breach of the contract between the parties) all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss and all evidence to be adduced at trialas to what the true cost of dealing with the matter was.

d, any witness statements.

e, copies of decided cases and other legal materials to be relied upon.

 

 

what do you think ??????

Link to post
Share on other sites

cheers pete but i have spoken to the court acouple of days ago and like i have already said they have received DG s paperwork as well as mine ..i was just thinking that it seems that many people dont get this far and DG have settled before now . Going to send them another nudge letter for what good its done in the past. It just seems that im banging my head against DGs brickwall!!

Link to post
Share on other sites

Good you have everything in hand then.

 

Most people dont hear from DG untill they get an offer and one or two offers recently have been very late, literaly days before the court date, one even had a cheque in the same envelope as the offer 2 days before the hearing.

 

So just hold tight and keep nudging, DG will get to you when they have to.

 

pete

Link to post
Share on other sites

Great !!! the thing is ive got till 21st september to be kept hanging around waiting. Ive read somewhere you can claim for you expenses and time wasted . is this right and if so any guidlines on when and how much to claim ..... dont want to be too greedy.

Link to post
Share on other sites

Thanks Pete , sorry its taken a while to reply ...having some problems with the pc , keeps shutting down. Iwill look into that when all is done ,will keep you informed of what happens next . Going to ring court on the 24th just to check if DG have been bothered to send papers to court . Still waiting for some sort of contact from them .....

Link to post
Share on other sites

You say DG filed a response to the order? Can you give details please.

 

If you haven't seen it then get down to the court ASAP and request a copy of whatever they have submitted.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

hello gary . no DG havent replied yet . spoke with the court a few days ago ,they have got till 24th to present the court with its papers. J ust getting ....fed up!! with DG as they havent even acknowledged any of my letters .If they dont do it in time will the case be struck out as it said in the last letter from court "if the defendant fails to comply with this order the defence will be struck out without further order"

Link to post
Share on other sites

  • 2 weeks later...

Just an update , thought yesterday the time was up for DG . Contacted the court only to find out that my interpretation of the the court order was wrong.... Perhaps this may be useful for others who get this far. Fom the date of the last court order (20th june ) I had 21 days to reply with my schedule and statement of evidence . this I did on 29th june.I personally took these to the court myself and sent by recorded delivery to DG the same papers with a nice accompaning letter ( ANOTHER NUDGE !!!). Now I was on the understanding that the 21 days that DG had to submit there papers was fromthe 20th june also .However ..... having spoken to a very nice woman today she explained that my original 21 days to respond with my papers would have come to 11 th july . It is from this date that DG have there 21 days to respond so that takes me up to about august 3rd( Hope you are following this ). The court have suggested I call them on the 3rd to check . The reason Iam giving all this detail with the dates is that I am sure many who get this far will fall into the same trap as me.....Thinking the day clock starts ticking at the same time for us as it does for DG .... It doesnt!!! SO GIVE YOUR DETAILS TO DG AT THE 11TH HOUR (ON OR AROUND THE LAST DAYS YOU HAVE TO SUBMIT YOUR PAPERS TO THEM AND NOT AS I DID AS THEY HAVE A LITTLE EXTRA TIME TO PLAY WITH!!) That said ,the woman at the court did say that the extra time I had given them would give them no excuse not to respond in time... So here's to the 3rd august ... The next time I ring the court. Hope this helps others in a simular situation

Link to post
Share on other sites

just rang court . no papers yet and time is up at 4pm.... so will ring monday morning . asked what happens now . but derby court arnt too sure .will call on monday ,they seem to think that no judgement will be made until oft test case !!!!!!!!!!!:mad:

Link to post
Share on other sites

can anyone guide me through the n225 form as the court have had no reply from DG and there time is up!!!! on part d do i put the amountof claim at the start of the claim then work out the amount it has come to with interest to date .finally the time it has taken i cant remember if a fee was needed when i claimed initially on line . can some one please give some advice . Derby are continuing with claims that have a date although the woman in the listings dept said that they are waiting on advice from a meeting with other judges

Link to post
Share on other sites

on saturday 11th had my stay from derby court .a tad annoyed as on the friday had sent off the n225 form requesting judgement as the court had said if dg hadnt presented to the court its papers then the case would be struck out . so saturday opened up the bad news but now what do i do ?? is it worth me ringing them up to see if i will still get a judgement on the strike out or proceed with requesting the stay to be lifted .

Link to post
Share on other sites

thanks for that . read all on stays etc but not sure what to do on the fact of my request judgement form ,they must have passed in the post . so will ring monday to clarrify. thanks again

Link to post
Share on other sites

i'd use that as part of your reason for asking for it to be lifted - press home the fact that it is very far along in the process and you believe it unreasonable for them to manipulate the process in this way

send copy of request for judgment and maybe a little list of your communication with dg and their response - nada!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...