toys19
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Everything posted by toys19
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Thanks so much for your reply and and advice. Yeah that was my feeling also. However when I have been chased spuriously I have been sent quite a few "final warnings" . My concern is that f ti goes to a hearing the judge might say I have not followed the practise directions and it might not help me. The CEO of this small company has just returned from holiday yesterday, so I figured I could dress is up as reasonable goodwill to give them 14 days, and cover my backside just in case? To me compliance in the event of a hearing is more important than "how I look"...
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Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance.
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Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
Ahh Ok sorry. -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
Interesting thread here that covers the same from an agents point of view, although the last post appears to be from a solictor who I think appears to feel the same way I do.. http://www.propertyindustryeye.com/forums/topic/solicitors-dont-you-just-love-them/#post-28610 -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
In my opinion of course... -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
Well as I said the estate agent now knows our wage, contents of bank account etc. Too much. Which the vendor can find out from their solicitor. The EA needs to know very little once solicitors details have been exchanged. -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
I have yet to have experience as a vendor, so I value yours, and will remember that in the future. However in my case as a purchaser of 6 properties I have found EA's to be a royal pain. Edit - actually I should say on my first purchase the EA was brilliant, transparent and very useful. He did work to get the best price for the client, but there was nothing untoward. -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
Thanks so much for your reply. The SRA link and your advice are very useful. I don't think I would be able to prove anything anyway, so I feel making a complaint would be pointless. I'm more interested in understanding how to ask any future conveyancing solicitor to be a bit more circumspect about what they tell the estate agent. I am not really convinced, that once the buyer and vendors solicitors are talking to each other, that the estate agent has any further valuable contribution to make. Other than being informed at the end that the process is complete and that they should hand over the keys. -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
ahh I understand now, please accept my apologies, it did seem brusque. In person I would have knotted my eyebrows and asked and I am sure it would have been much more disarming. I am not seeking remedy against the agent or solicitor. I just wondered if there was any duty of confidentiality or if there are rights to the know about the transaction for any interested party. My experience with estate agents is that they cannot be trusted, and I don't feel comfortable with them knowing my financial position. Which in this case is what happened, earnings, amount of deposit funds available etc. -
Property Purchase -Solictors communications with the Estate agent.
toys19 replied to toys19's topic in General Legal Issues
Nothing other than a perceived invasion of privacy. I don't understand your point? Why do you need to know this? I just wondered if the estate agent has any right to be involved in the process once solicitors details have been exchanged. -
A recent house purchase left me very surprised when I discovered that our conveyancing solicitor was freely giving info about the progress of the sale to the vendors estate agent, including our mortgage status etc. I wondered if any Caggers could let me know what the legal staus of this is? Does the estate agent have any right to our information? Should the solicitor be freely giving information to the agent? Shouldn't the solicitor just stick to discussing things with the vendors solicitor?
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My Sister booked a flight on 11 July to fly out on tues 28th july and return on tuesday 11th aug. She fortuitously took a picture of the booking confirmation screen that came up after she paid. But when the conf email arrived (which she did not check) it was for return on the 12th Aug Unfortunately she only discovered this at the airport on the 11th aug when she tried to check in for her return flight.. So flybe being what they are I feel that even if she had checked on the day of booking and discovered this error they would have fobbed her off anyway. The T&C's are no changes after booking. So how to sort this out. I believe she is due compensation or something, she had the screenshot saved and used it as her flight ref to check in, and to organise all her taxis transport etc. I can see why she did not feel the need to check the confirmation email.
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My friend is about to sign an ASt in england, that has a clause that as tenant if she wants to give notice to quit it must be on the rent day. Now I understand this si the case for landlords - 2 months notice on or before rent day, I thought tenants could give notice on whatever day they want (after the statuatory period). Can the LL vary the AST rules like this?
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well thanks you guys for the advice, I really appreciate it. I have one last slightly thick question: can you serve s21 and s8 at or near the same time? My reasoning is that I think the T appears aware of the law and system, and I think he will sue for the deposit breach anyway, so my mate is going to lose the deposit and some more, so he may as well repay it, serve s21 but also serve s8 grounds 8 10,11,12 to pile on the pressure and hope they naff off pronto? Also given the timings (xmas etc) a court date for s8 may not be for well into the new year , around about the same time as the s21 expires. But he may get lucky and get a court date for the s8 early... So its a kind of belt and braces apporach...
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Yes, my assumption is that they do know everything.
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I think they have now gone past the 2 months in arrears now, so it seems like S8 is the way to go, does he need to repay the deposit anyway? I mean it is going to turn into an issue if the tenants are knowledgeable about it..
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A mate has foolishly not protected the deposit for his tenants. AST started april 2012 Tenant is 8 weeks behind in rent, has trashed the house and so LL served what appears to be legal section 21 in july 2012 for quit end of oct 2012. I reckon seeing as he hasn't protected dep his section 21 is invalid? I think this is what he should do but I'm not sure if I am correct: 1) Protect deposit and do prescribed info. 2) Re issue valid notice. 3) Take the 3x deposit hit when tenant takes LL to court over lack of protection, but still be able to evict under section 21? Is this the best way to go about it? Can anyone advise how can he get himself back on the straight and narrow, and what the financial legal implications are for him now? Thanks toys
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have all my hosting and my clients hosting with dataflame, who I have recommended many times here and elsewhere. Anyway they recently renewed a domain on continuous renewal using card details that I gave for renewal of another domain. I phoned a few days after I noticed and they said tough, I should have unticked cont renewal on the website. Now the website changed in the last few months and I didn't know you could control this, and I don't remember agreeing to continuous renewal. So I discussed it with my bank, they agreed that it was wrong and they charged back the money. So today saturday( a couple of weeks later), with no warning or comms, they have suspended all my services.. (8 odd hosted domains and all emails on those domains) Whats most annoying is that even if I roll over and pay the 8.99, I can't do it as their offices are closed and there is no way on the website to do this. This has annoyed me somewhat as the saturday suspension seems like a deliberate ploy to really cause trouble.. So a warning, don't use dataflame. Fair enough we may disagree about something but this is underhand behaviour, they could have warned me pay or lose out, they didn't they just cut me off. I'm thinking legal action, I wondered if any of you have any advice?
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I bought some stuff from the usa, and fed ex delivered, weeks later they sent a bill wanting 8.47 tax (fine I agree with this) and a £20 fee. I am happy to pay the tax if they can prove they have paid it to the tax man, but i think the fee is extorionate. They have sent some debt collectors letters. Whats the score here should I pay or fight?
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Hi, An aquaintance has let their property on a 6month AST. They have a residential mortgage and did not let their mortgage company know (through ignorance it seems rather than wilfully). They did however purchase landlords insurance (buildings and contents). My question: is the landlords insurance invalid because they have not notified and gained the approval of the mortgage company for the letting Thanks.
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Ok So I bought a car from a dealer 200 miles away from me. Now the clutch has gone. He has been perfectly nice about it and wants me to bring the car back to him to repair, my problem is: a) do I have to can I not get it done locally? b) do I have to bear any of the cost of recovering it to him? Thanks in advance for any advice.
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Skimping isn't the issue, as soon as he realised he needed a cert he got one, he just let rooms to lodgers in his own residence. He does not need any guidance on his responsibilities now as he doesn't have lodgers any more, but the ex lodger is demanding to see a copy of the cert for the period he was there.
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You could say I cannot be made to pay with out a court order, therefoire there is no obligation to pay? That is quite frankly rubbish. If you owe the money then you are obliged to pay, but no one can force you, except a court. Equally if a valid s21 notice is served then you are obliged to leave, but you cannot be forced to do so without a court order.
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I'd say don't move out unless it's a valid s21, just because you are ignorant of the law doesn't make the law wrong. So even if a tenant cannot tell if a claimis valid it nor not, it doesn't take away the legal obligation to move out if a notice is valid. If you try to claim money from me that I do not owe, it's not even a claim its fraud. The court in either case does not decide the law, it upholds the law.
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I disagree, it does oblige the tenant to leave, if they refuse they are breaking the terms of the AST, but the landlord has to prove this in court. Otherwise why would the tenant be liable for the landlords costs? The landlord cannot force the tenant to leave btut the tenant shoudl leave if the notice is legal. Its like debt, I owe you £100, you cannot force me to pay, so you got to court to prove I owe it and then get a baliff to enforce the court order. There are moves afoot to prevent councils deeming tenants to have made themselves intenionally homeless, if they leave on a valid section 21 notice as its making work for the courts when a notice is legally valid.
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