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qbal

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Everything posted by qbal

  1. Are the trainees that are being taken on going to do the same job as he has been doing? If he has been made redundant so that the employer can take on younger, cheaper labour then it is unfair dismissal on the grounds of discrimination. The employer cannot do this, and you should speak to someone at your local CAB regarding the issue, and taking the employer to an Employment Tribunal.
  2. Most Landlords use the Deposit Protection Service as it is free to use, but the LL has to send the deposit in to them to have it protected, and they will hold the deposit and pay it back to the tenant on both parties agreeing as to who gets what. They have their own Dispute Resolution Service, which you should have had details of when the deposit was protected. If you don't agree with the amounts the LL wants to deduct then dispute them with the DPS and ask for a dispute resolution as you don't agree with the LL's deduction amounts and reasons. If you don't know which scheme your deposit is with you should ask your landlord, or get in touch with all three and ask them if your property is protected under their scheme. To me it sounds like betterment in the case of the door, £220 being an excessive amount for a plain wooden door. And it does seem an excessive amount for cleaning of just two rooms. For £300 you could have had the whole house professionally done. As for the freezer door(I take it you mean the compartment doors inside) although £40 may seem excessive, they may be discontinued, so check availability of the item before you dispute it.
  3. Watch out for him protecting the deposit prior to the court date once he has been served with the claim details. If it is protected prior to going to court then you don't get the 3X compensation. But from what you say he seems pretty sure that he doesn't have to secure your deposit so you could be onto a winner here.
  4. What address do you have on your agreement for the serving of notices? The law calls for the name and address of the landlord to be issued to the tenant for the purposes of serving notice by the tenant. The tenant must have an address in England and Wales for the landlord where they can serve notices. For the purposes of Section 47 and 48 of The Landlord and Tenant Act 1987 the name and address of the landlord should be included in the tenancy agreement and it should be stated that this is in line with the relevant act. If it does not give this in your agreement then the agent needs to give you an address for service and, as Mr Shed says above, the agent's address would be adequate for this.
  5. Just go into your local Jobcentre and tell them you urgently need a letter for the court as they require a "Proof of benefit" letter with today's date on it. They may make you an appointment to see someone to get it typed, but you will get it that day. Have done this on a few occassions and they are usually pretty good if you tell them it is needed urgently.
  6. This probably has to do with the fact that some people actually like McDonald's food. If they didn't the company would go out of business. What I don't understand is why scaniaman seems unable to accept that people have different tastes and opinions, and they should be accepted, not derided.
  7. Good advice using CAB to help do your forms for DLA. As both disabled and an Adviser, I know how hard they make it to fill in properly. Not sure about your statement that we "claim to do too many things" though. Would you care to elaborate on that one? All advisers are highly trained in generalist advice, and have a wealth of knowledge at our fingertips. It's not about knowing everything, but about knowing where to find the information a client needs. And if it is too complicated for the adviser involved we also have a host of experts in each field who can give more expert advice, as well as a database of solicitors who give up their own time to give free advice at our bureaux.
  8. S.213(6)(a) can't incorporate (b) just because it says "and" at the end. That's why the time limit is in a separate subsection. strictly because that subsection is not included anywhere in section 214. The LL has to give the information, AND has to do it within 14 days. But if he doesnt do that within the time given, and the tenant gets it on day 19 then by your logic they would be able to take the LL to court and get 3 times their deposit back even though their deposit had been protected, albeit the info received a few days late. I think you may find that this is the reason that S. 214 doesn't state "&(b)" in it. But feel free to try it in court if you think it would work. Personally, I wouldn't waste time with it.
  9. Has anyone ever tried sending them a notice under CPR when they start to threaten "imminent court action" in their letters? It would be fun to see what they actually intend to rely on in court, and if they then proceed and use anything not previously supplied under CPR, how the judge would react to them. Sorry, just my bored mind doing a little thinking out loud.
  10. Never used western union, and never would either, but in my mind, if they have failed to verify the identity of the person collecting the money then they are at fault and should refund your loss. According to their website, these are the procedures for collection: 15. How do I pick up a money transfer? You may pick up your money transfer at any Agent location. You will need to complete a "To Receive Money" form with the following information: name address amount expected sender's name sender's telephone number city and state being sent from Valid identification is also required. Some restrictions may apply. 16. What is considered valid identification to pick up a money transfer? Identification requirements are determined by your residency status and the amount of the money transfer. For UK residents, a passport or driving license with photo is valid. For non-UK residents, a passport, country issued identification or driving license with photos is valid. £600 to £1999.99: one form of primary identification verifying the full name. Where no primary ID is presented: one form of primary identification verifying the full name (Birth certificate, etc.) and one form of non-primary identification verifying the current/permanent address (utility bill, a letter from a hostel manager confirming temporary residence, etc.) For amounts from £2000 and above: one form of identification verifying the full name and one form of identification verifying the current/permanent address. The same document must not be used to verify both name and address. Can you verify how you sent the money and whether you have any evidence that they didn't get the proper verification from the collector? If you can get enough evidence of fault together then you can take them to civil court for it. If they did not follow their procedure for verifying the collector then they have breached the contract they have with you. As far as I know the police have no jurisdiction as there has been no crime committed unless someone can prove internal fraud (ie an employee is getting a friend to collect money by giving them details). Any more info you can provide would help.
  11. You arent the only one Mossy. I've been trying to get a ticket at the local Tesco for 4 months, since they introduced the parking restriction, but to no avail. Reason is that Tesco got their planning permission with a clause stating that there must be no limit to parking so people could park at the retail park and walk into the town (retail park is at top of high street). However, Spen Hill, Tesco's landlord, decided to put a 2 hour limit on the parking. Keep at it, though, they'll hit you with one eventually. lol
  12. Thanks Photoman and BigBudgie. That has been what I have been thinking, and I hope that the judge does see it that way. So any comments on how a bank can charge an "Instant Overdraft Request Fee" on an account that CANNOT have an instant overdraft? Doesn't that make the charge a breach of the contract in itself? Basic account T&C's have a clause that allows them to charge an "Unpaid Item Fee" and take the customer into an unauthorised overdraft if there is not enough money to cover it, but if the charge is Specifically stated in the statements as an "Instant Overdraft Request Fee" then they have charged me for a service that is not in my contract, therefore it is a breach?
  13. Ok, you lot seem to be pretty clued up on all this with the judgement and stuff at the moment, so here's a little poser for you to think about. I have a basic bank account, which doesn't have the facility for any form of authorised overdraft. But when a direct debit got refused due to lack of funds the letter I got stated the charge was for an "Instant Overdraft Request Fee". Now, since there can be no consideration for an instant overdraft on this type of account does that mean that the charge is illegal as it has been made contrary to the terms of the account?
  14. HSBC Bank £2137.00 Account still had balance. Written off by HSBC. Approx 10% was Charges. A very long and drawn out series of letters between myself and HSBC regarding the default and it's legality. In the end they admitted that they had not got any form of agreement besides an application form and had not followed the procedure correctly regarding defaults on current account O/D's by sending the relevant paperwork to me in the prescribed period therefore it was not exempt from part V of the CCA according to the determination. Never got anyone else involved, just a lot of calls chatting to a very helpful lady at the ICO. Next is Lowell. Should be done in about a week, or less.
  15. Hi, I need to confirm how to file for an injunction against a company for harassment. I've found the form N16a from HMCS website, but I want to apply for damages as well. Does anyone know whether i can do it on this form, as it doesn't say anything about damages on the form and there are no separate notes for filling it in. The story is: My ex wife left with several hundred pounds of personal debt a long time ago, but not long enough for it to be statute barred. The creditor in question sent letters and made phone calls after she went, to which I replied with the fact that she did not live here anymore. Last November they started ringing again, but when I answered the phone it went dead. When I rang the number back I just got a recorded message saying I had been called by XXXXX and they would call again later. I called them asking them to please stop calling as she hadn't lived at my address for some years. This was ignored, so I wrote a series of letters requesting they stop calling or I would see them prosecuted Under the Protection from Harassment Act and the Communications Act, and sue them for damages. I finally received a letter stating that my number and address had been removed from all their files concerning my ex. However, two days ago the calls started again, and this time I am very annoyed. I have had six calls in two days (actually only 31 hours) and I want to be able to carry through any threat of prosecution and court action if they don't adhere to my request in the letter they will be getting on Tuesday morning. Can anyone advise on this at all?
  16. And what's wrong with the Teletubbies? I watch them every day. It's a very intellectual program!!! :D
  17. At the end of the day, whether she deliberately stole something or not, this action of fining her by the store/security company amounts to extortion (blackmail), which is a criminal offense under section 21 of the theft act 1968. 21 Blackmail (1)A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a)that he has reasonable grounds for making the demand; and (b)that the use of the menaces is a proper means of reinforcing the demand. (2)The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. (3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years. Teaching her a lesson is not on the cards here. I'd suggest going to the shop and talking to them letting them know thatwhat they are doing is illegal and you will be obliged to take it to the police. That should be enough to get them to drop everything. If it's not, go to the police. Blackmail is a much more serious crime than shoplifting, and even if she does get reported for it, she is most likely to just get a caution.
  18. Gloucestershire Family and Civil Court is often referred to as Gloucester County Court, even in their own documentation, as you will notice by the email address. enquiries@gloucester.countycourt.gsi.gov.uk This would have been where the case would have been heard in Glos. as it is the one for all civil matters. If R&R had read properly he would have noticed the by-line: "With thanks to Gloucestershire Shelter" A little research goes a long way.
  19. Just to confirm what bookie said, you can still get DLA if you are working. You may not get it all at the higher rate, but if you need any care and/or have any mobility problems you should be entitled to DLA even if you work. I worked full time for over a year before becoming unemployed and still received it. I still get it now, though I only work part time due to having kids.
  20. No I'm not part of the DE. Just an ex squaddie. I'll explain a little more why i put the JSP's above, as they can be easily mis-read. You are not responsible for notifying the HIC four months prior to discharge. That is the job of your Administrative Officer, ie, the company adjutant or company housing officer(if you still have them). It is then up to the HIC to issue notice to vacate 93 days before your intended discharge date. Having a tenancy agreement is completely irrelevant in your case. It just sets out in plain terms the standard terms of your occupation of military property. As a serving member of HM Armed Forces you are bound by the JSP's and if they change then so do your conditions of service. If the JSP's for SFA occupation change then they change for everyone whether they moved into quarters before the change or not. The only thing you've signed that is legally binding is when you first signed on the dotted line and received the Queen's Shilling. But ultimately, what the JSP's quoted above mean is that you are NOT responsible for giving 4 months notice, your Admin Unit is. And then only when circumstances allow for that amount of notice.
  21. Just a quick question. Is the ariel included in the inventory for the property? Ours was, and is therefore considered to be the responsibility of the LL if it goes wrong. So I would hazard a guess that if it isn't included in an inventory it would be the responsibility of the tenant?
  22. Are you actually in DE Ops Housing as provided by the forces or have you been allocated a "private sector" house? If it's private, (SSFA) then: 0609. Lease Agreement and Licence to Occupy. The MOD Contractor is required to enter into a Lease Agreement with the Agent/Landlord of the property. Under the terms of the Lease Agreement the occupant has no security of tenure beyond the initial 6 month period. The occupant is required to sign a Licence to Occupy which is between the occupant and the MOD Contractor - see Annex B. Occupants of SSFA will not be allowed to vacate SSFA under 6 months other than for Service reasons, or in other exceptional circumstances agreed by the Local Service Commander and the HIC Area Housing Manager. Thereafter, the Licence to Occupy may be terminated by either side on giving 40 days notice. If you are in the DE Ops Housing, as managed by MHS, then the following applies: JSP 464 part 1, Chapter III, Section V TERMINATION OF THE LICENCE FOR REASONS OTHER THAN ASSIGNMENT 0812. Discharge from the Service. When a Service occupant of SFA is due to leave the Armed Forces on discharge, whenever possible that person's Administrative Unit is to inform the HIC, 4 months before the date of discharge. The following periods of notice to vacate SFA will be issued by the HIC: a. Normal Discharge. On normal discharge and on Premature Voluntary Release (PVR), the HIC will issue 93 days notice to vacate timed to expire on the last day of service. If occupants need a longer period of notice to support applications for alternative accommodation, they should request the HIC to issue notice accordingly. You can read up on these regulations at http://www.defence-estates.mod.uk/publications/jsp/jsp464/JSP464TSARsPt1-Sep07.pdf
  23. Hi, The amount they have been taking is correct. The link to the website you gave gives the new amounts after their recent increase. The original amounts for last year would have been: Mobility £45.00 (may 05 rates = £42.30) Care £43.15 Total for four weeks is £352.60. Minus your payment of £169.20 leaves £183.40. (Your payment of £169.20 is at the rate of higher mobility from 2005/2006) Your next DLA payment should show as the revised amount due from April 08. Giving you a total payment to you of £197.20 every four weeks from 5th April 2008
  24. If you have paid rent and received keys you have an agreement as an assured shorthold tenancy so you have all the rights that someone who signed a tenancy would have. As for an inventory, if he hasn't provided one that details the state of the property then he has no proof that there was any damage caused by the tenant since he can't prove what state the property was in when you moved in. As waterbottle says, you are in a stronger position that the LL on this point. Tiglet, unless the deposit was paid after April 2007 it would not be eligible for registration with the deposit schemes. He says he moved in a few months after nov 06 so probably prior to the april 07 start date for TDS compliance.
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