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MartinPC

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  1. Hi, Travel agent Agoda owe me circa GBP500 and repeated attempts to have them remove their heads from their butts have failed. I've learned that they have a registered office in London, would anyone be able to provide me with the address of that office so that I may do a 'Money Claim Online' on them? Thanks
  2. Well there are two problems: I am a self-employed hotelier and listed on eBay (UK) was a hotel booking engine from a seller in India, eBay guarantee one their money back if they pay via PayPal so I bought it for GBP119.00. To cut a long story short it transpired to be a stolen/pirated copy of a resort booking engine from an American English speaking country, in India where the seller was located they speak Queens English, it wasn't new, it was already built for that resort and the seller didn't have an instruction manual for it, the seller didn't have anything for it and as soon as I raised my dispute the listing suddenly disappeared from eBay. I made my dispute with eBay who redirected me to PayPal, first one opens dialogue with the seller before it may be my prerogative to escalate my dispute to a claim, at which point I would have the opportunity to make my statement of claim, I mean that I should have been in the driving seat, but the Indian seller pulled a fast one and they took my dispute away from me, they escalated it immediately to a claim, they were the ones that got to make a statement in which they claimed that I had a poor knowledge of software, they lied that my business website had been removed from the web thus I no longer had a need for the booking engine etc., and PayPal fell for this making their final decision in favour of the seller and in an email that couldn't be replied to, I was gobsmacked! The other problem is: I am a frequent shopper on eBay, I live in a remote location on a Pacific island, the overpriced stuff in the shops here, if we can buy it here, is from China so I may as well buy it cheaper direct from China via eBay, not just China but from Australia, USA, UK, Malaysia, Singapore etc. and I only buy items that are listed for delivery by post as only the post office deliver here, there are no international couriers serving this island. But there are always some smart sellers who try to save money shipping via a cheap and nasty courier rather than the PO and what with the unreliabilty of China in general there were a number of items that I didn't receive and overnight, with no prior warning, eBay withdrew my buyer protection whilst I still had a number or orders on the way to me, two of which I didn't receive. At the time I purchased and paid my monies for those items I had eBay buyer protection, that I was protected in the event of non-receipt, but try and explain that to the monkeys in one of eBay's call centres around the globe, they had withdrawn my buyer protection after those purchases were made so I'm going after them for my money back.
  3. hI, What I need is the current registered address for eBay (UK) Limited, I tried taking them thru MoneyClaimOnline a couple of years back but they never responded to the court papers served upon them, I'm presuming that I provided the wrong address, now I have two cases to serve upon them so if someone can confirm their current registered address. So far, from Google, I have four different addresses: eBay (UK) Ltd, Carmelite, 50 Victoria Embankment, Blackfriars, London EC4Y 0DX Whittaker House, 2 Whittaker Avenue, Richmond, Surrey TW9 1EH Ebay (UK) Ltd, Hotham House, 1 Heron Square, Richmond, SurreyTW9 1EJ 5 New Street Square, London, EC4A 3TW
  4. The email address is most useful and noted with thanks. What I need is the current registered address for eBay (UK) Limited, I tried taking them thru MoneyClaimOnline a couple of years back but they never responded to the court papers served upon them, I'm presuming that I provided the wrong address, now I have two cases to serve upon them so if someone can confirm their current registered address. So far, from Google, I have four different addresses: eBay (UK) Ltd, Carmelite, 50 Victoria Embankment, Blackfriars, London EC4Y 0DX Whittaker House, 2 Whittaker Avenue, Richmond, Surrey TW9 1EH Ebay (UK) Ltd, Hotham House, 1 Heron Square, Richmond, SurreyTW9 1EJ 5 New Street Square, London, EC4A 3TW
  5. Hi People, I've read the "Unfair Deposit Deductions" thread, in particular that if there is no initial inventory then the landlord has no grounds for deducting from deposit for condition of property, but I'm seeking, before responding to the agent/landlord, clarification if this makes such a deduction illegal and/or if the TDS will agree regarding no inititial inventory etc. Here is my scenario: My 6 months tenancy came to an end during April, whilst the landlord had appointed an agent to find tenant(s), and my deposit was paid to, and held by, the agent the landlord thereafter managed the property and thereafter my rent payments were paid directly to the landlord. Upon vacating the property the landlord & wife and myself all did a walk round inspection of the property, all was sound and indeed the landlord thanked me for taking good care of the property, the landlord asked for, and I provided, my thereafter contact information and indeed we subsequently exchanged emails just clarifying the utility providers, I mention this as there can be no subsequent excuse why he should not contact me relating to other matters. Since vacating the property I have been mega busy doing other things, and unfamiliar with TDS procedures regarding the return of the deposit, and 3 weeks after vacating the property I emailed the agent to enquire regarding why my deposit has not yet been returned. The agent, one afternoon, informed me of the TDS procedure but the following morning, obviously having then been in contact with the landlord, then informed me that a deduction from the deposit will be made for a dirty carpet, there was no dirty carpet at the time I vacated the property and they are only informing me of this 3 weeks after the event and only, now, because I have requested the return of my deposit! I'm seeking advice before I respond to the agent, or landlord. Before even getting down to the nitty gritty there was no initial inventory made and/or I certainly didn't sign any inventory, is this sufficient to win the argument that I am about to raise, will the TDS back me merely on the fact that there was no inventory or do I need to go further regarding the departure inspection being passed with only compliment and I not being informed of a supposed dirty carpet until long after departure and only when I ask for the return of my deposit? Thanks
  6. nottslad, Who pays standard tariff? I shop around and for recently signing up with Scottish Power I receive, just for signing up, £130 cashback, now you tell me a PPM that gives out £130? But, I'm selling this house and I want, as most potential purchasers would want, a standard meter. The rental property is now, no longer rental, my home address, this is what the whole fiasco is about, they demand that I pay £50 to remove a bad debtor's PPM and they refuse to ask nor allow that bad debtor to have the meter removed even though that bad debtor is no longer resident in the property!
  7. Pelham, Thanks but one point I believe I am correct in saying is that any terms & conditions of a tenancy agreement between a landlord and tenant have got diddly squat to do with any utility provider and such a provider, as much as they like to involve themselves, should mind their own business. My point is that those two parties entered in to a contract/agreement regarding a prepay meter, I have read E-On's T&C's and because that meter was installed due to a debt then they were never going to remove it whilst that customer remained the customer thus it was always, by E-On's T&C's, going to involve a third party, and at cost to that third party, to have it removed. The meter was installed during 2005 and surely, if it was then known that this would involve three parties, then that contract/agreement should have been agreed by all three parties yet that would have not been feasible because, back in 2005, it couldn't be predicted who the next occupier of the property would be. Now, 5 years later, I find myself implicated in a contract/agreement of 5 years ago! And, my ex tenant and I both requested the removal of this meter some weeks before I occupied this property, at that time I was not using E-On's services thus I was not their customer and since using their services it has been under protest having previously demanded the shifting of their meter.
  8. Hi Handy, The supplier in question is E-On. I prefer not to involve myself regarding if my tenant remained in arrears with E-On or not because my stance is that it has nothing to do with me, i.e. at the time my tenant was vacating then E-On had a responsibilty, as per the customer's request, to remove that meter. OK I am the property landlord/owner but I could be a new tenant, one who has always paid bills on time and with an excellect credit reference, one who has never signed nor agreed to any contract with E-On, so why the hell should I be financially penalised £50 for another's poor payment of bills? I'm just reading E-On's terms & conditions, pertinent to this situation, that they have forwarded to me, already I think I have the b@stards because it starts off, under definitions: You/Your - the person or people who have entered into the contract with us. Well anything written thereafter isn't applicable to me because I hadn't entered in to contract with them at the time they insisted I pay them £50 and whilst they remain the current supplier to this property, for another few weeks, I haven't agreed nor signed any contract with them. Am I correct?
  9. Hi People, I was around here last year regarding a different matter, my tenant has now vacated my property and I have moved in to renovate, tart it up, to sell. During her tenancy my tenant fell in to arrears with her electricity and the utility company installed a prepay electric meter, as my tenant's tenancy was coming to an end I instructed her to arrange for the meter to be removed upon the end of her tenancy. She got back to me that the utility company would not remove it upon her behest, clearly because they have a standard policy that once such a meter has been installed they cannot trust to individual to pay other than by prepay, and they required that I contact them to have it removed, this I did and was told that I needed to pay £50 for it's removal, I argued, getting nowhere and subsequently proceeded with a county court claim against the company for the cost of it's removal, I am changing to an alternative utility company who charge £125 to remove it. Now I don't want to get in to what was in my tenant's TA whereas she may have to meet such a cost, my tenant vacated with rent arrears, she's fallen on hard times but having been my tenant for 11 years we're sorting that out amicably, my argument is that the installation of that meter was an arrangement between that person and the company, it had nothing to do with me, and if payment is required to remove it then it is between those two parties to deal with it directly and not to involve and third party(s), me! The utility company claim it is standard policy that the person entering a property where such a meter is installed is the one financially responsible for having it removed, to me this sounds ludicrous because had they removed it on her final day of tenancy she would only have had the opportunity to 'steal' perhaps 50p of electricity! They are defending my county court claim quoting their terms & conditions, can anyone please advise if they believe I am in the right, or not, to continue with the county court action, to the effect, that their terms & conditions are between them and my ex tenant and are nothing to do with me ..... or? Thanks
  10. Hi People, I was around here last year regarding a different matter, my tenant has now vacated my property and I have moved in to renovate, tart it up, to sell. During her tenancy my tenant fell in to arrears with her electricity and the utility company installed a prepay electric meter, as my tenant's tenancy was coming to an end I instructed her to arrange for the meter to be removed upon the end of her tenancy. She got back to me that the utility company would not remove it upon her behest, clearly because they have a standard policy that once such a meter has been installed they cannot trust to individual to pay other than by prepay, and they required that I contact them to have it removed, this I did and was told that I needed to pay £50 for it's removal, I argued, getting nowhere and subsequently proceeded with a county court claim against the company for the cost of it's removal, I am changing to an alternative utility company who charge £125 to remove it. Now I don't want to get in to what was in my tenant's TA whereas she may have to meet such a cost, my tenant vacated with rent arrears, she's fallen on hard times but having been my tenant for 11 years we're sorting that out amicably, my argument is that the installation of that meter was an arrangement between that person and the company, it had nothing to do with me, and if payment is required to remove it then it is between those two parties to deal with it directly and not to involve and third party(s), me! The utility company claim it is standard policy that the person entering a property where such a meter is installed is the one financially responsible for having it removed, to me this sounds ludicrous because had they removed it on her final day of tenancy she would only have had the opportunity to 'steal' perhaps 50p of electricity! They are defending my county court claim quoting their terms & conditions, can anyone please advise if they believe I am in the right, or not, to continue with the county court action, to the effect, that their terms & conditions are between them and my ex tenant and are nothing to do with me ..... or? Thanks
  11. Snorkerz, Once I thought about the CT earlier, that is was for her children, then it occurred to me regarding them getting such benefits. But ..... in the days when I was young, yes I can still remember , and I was on the rock'n'roll I recall an attitude that if I was living with my parents then all I received was basic unemployment benefit (JSA), it was my parents responsible to support, provide for, me and if my parents couldn't afford to do so then they needed to apply for benefits which, in this scenario, puts us (my tenant) back to square one whereas DHSS have cut her benefits. I would imagine my tenant has, if still applicable, been through the motions of this however I'm definitely going to point her in the direction of this thread, already there is so much information here and perhaps some information, suggestions, that may not have occurred to her. Thanks
  12. Thanks Planner, So an S21 to evict at the end of the tenancy or, once 2 months in arrears, an S8 at any time and providing 2 months notice, yes?
  13. OK Planner, Well let's ignore the one month notice period, so I could serve an S21 to evict at the end of the tenancy or, once 2 months in arrears, serve an S8, providing 2 months notice, at any time, yes?
  14. Ni NewSAHD, Well I'm not up to speed on my tenant's precise circumstances, not that it is any business of mine anyway, but her elder child is now aged circa 21 whilst the youngest is 18. Last I heard her elder child was having difficulty finding work, had words in McDonalds, a shop, etc. whilst her younger child, I believe, is continuing in education beyond 18 y/o. It is a 3 bedroomed house and there are 3 people living in it and occupying all 3 bedrooms, mum and 2 kids. It could be, I have experiences of this myself, that they are only paying the rent equivalent to a one bedroomed abode but it's all deteriorated since the younger child passed 18, it's that factor that has caused this situation. If I recall when the elder child turned 18 council payments dropped and my tenant has been making up the deficits as and when she can, but now the younger child has turned 18 well the council are only paying circa 60% of the rent and this is simply not enough for her to make up the deficits. My tenant has also mentioned that she's getting council tax bills, sounds unusual as housing & CT benefits normally go hand in hand, wonder if this is CT for her children rather than her, I'll ask her.
  15. Thanks Book. Thanks Snork, It's not a case that I have a tenancy problem, well not yet anyway , I'm actually asking these questions, seeking advice, upon both my own behalf and on behalf of my tenant, her and I do talk to each other and we hope to sort this mess out amicably between us. Her communication to me earlier this month explained her situation and she left it to me if I wanted to evict her or not, she's been my good tenant of 11 years and, whilst business is business, I don't want to kick her out leaving her, perhaps, homeless if we can find an amicable resolve. Her situation shanged because both her children are now over 18 y/o thus she's lost benefits associated with children and, because they are 18+, I doubt the council will take her dependant children in to consideration because they are, now, legally adults. Once concern, one fear of god, you lot are putting up me is if I am to put the house up for sale and I need to go through a court order etc. then this is going to lead to complications, nobody is likely to make an offer for the house if there is a court case in progress! But thanks for all advices, I might direct my tenant to this thread so she can read all this information for herself.
  16. Hi Snorkerz, But, surely, if I serve the appropriate eviction paperwork upon her then, surely, she is lawfully required to vacate the property by no later than the appropriate date. Surely, with that eviction paperwork in hand she can then go to the council, that she is to be homeless by X date and she needs rehousing? A court order would only be required should she fail to abide what is lawfully required and, correct me if I'm wrong, a CCJ would be issued against her and 'screw' her in the future. Bookworm mentioned, previously, that if she is evicted, i.e. eviction paperwork is served upon her, then the council has a legal duty to rehouse her, surely a council cannot be seen to be encouraging her to act unlawfully by encouraging her to ignore an eviction order, to have a court order, a CCJ, issued against her, before they will do what is their legal responsibility ..... can they?
  17. Thanks Bookworm, I do have a good relationship with her and she sometimes asks me for advice on subjects similar to what we are discussing now. When she notified me of this situation, earlier this month, my initial response was that I had no intention of evicting her before the end of her tenancy which expires in August however, since then, I have spoken to my mortgage lender, my tenant's lack of payments is causing a lack of mortgage repayments, and my mortgage lender seem, politely, unwilling to wait until the autumn to catch up with mortgage arrears. But, before this situation developed, I had it in mind to sell the house and emigrate this year, I had, more or less, decided to put the house up for sale at the end of the current tenancy but all the while I keep it my mortgage arrears are accumulating and, combined with my mortgage lenders 'impatience', I feel I need to put the house up for sale in circa March, once the warmer weather arrives when more people go viewing etc. Hence my reason for coming here to ask the initial question but thanks for mentioning about the council's legal responsibilities etc. I'll email my tenant shortly giving her an update and letting her know this, that it is not to her advantage if I don't evict her etc. One question please ..... once I put the house up for sale should I 'legally' serve notice on her at that time or, not knowing how long the house may take to sell, allow her to remain in the house and serve notice once I have accepted an offer on the house? She wouldn't be 'difficult', she'll allow people to view, show them around etc. Thanks again
  18. Hi, It's an Assured Shorthold Tenancy Agreement with a one month, by either party, notice period incorporated within it. If she isn't in arrears by at least the monetary equivalent of 2 months rent yet then, by the end of this month (January), she will be in arrears by that amount. However ...... as per 'standard' rent payments are contracted as payable one month in advance but, all the time (11 years) she has been my tenant, she has been on DHSS housing benefits thus she has always been circa one month in arrears because DHSS pay in arrears rather than in advance. This said my tenant is now waving the white flag, unless she can take out a loan she simply cannot meet with rent payments but her loan applications are being refused because of her situation, no regular income etc.
  19. Hi People, My tenant and I get along extremely well, she is on DSS benefits and has been a good tenant for the past 11 years, however DSS have recently 'cut' her benefits, she is accumulating bills that she cannot pay and only circa 60% of the rent is being paid by DSS, my tenant is even thinking of declaring herself bankrupt so bad is her situation. I was only keeping the house whilst it remained profitable and, combined with other circumstances in my life, this situation convinces me to put the house up for sale and as soon as is reasonably possible. Her current tenancy agreement has circa 6 months to run, there is a one month notice clause in it, to keep things 100% legal what do I need to serve upon her to serve notice that she needs to vacate the property on a particular date? Thanks in advance.
  20. KL, Taking in to consideration that I have a sense of humour, this gets funnier and funnier, this agent are continuing to change, or make up, the rules as they go along! I've had a further 'snotgram' from the agent today informing me, amongst other things, of the following: 1. That the check-out inspection is scheduled for 2 days after my tenancy ends and it is expected that I shall return to the property to meet with their representative. 2. That I am expected to return the keys, to an office I have never heard of, by that office's close of business during my final day of tenancy. 3. A check-out fee of £109.25 inc. VAT shall be deducted from my security deposit. Well I make the following points: 1. As of 2359 hours on my final day of tenancy I am no longer under any contractual obligation to the LL/agent, I could be moving hundreds of miles away, indeed internationally, and if they think I am returning to this property, particularly at my own expense and when I should be at work, when I am under no contractual obligation to do so then they can take a hike. If they cannot schedule the inspection during my final day of tenancy then that is their problem, not mine! Furthermore the TA states that such an inspection shall take place at the end of the tenancy and not after the end of the tenancy! 2. The TA states that at the check-out inspection the representative shall take the keys from me, I am not required to return them to any address. And, as far as I'm concerned, I am contracted and paying until 2359 hours on that last day of tenancy and if they are dictating that the keys returned during office hours, of that day, then they are changing the TA whilst terminating my tenancy early! 3. A check-out fee is covered in the TA but, regarding the security deposit, the TA does not allow for such a fee to be deducted from it, the deposit is only for damages, any legal fees or any other monies outstanding at the end of the tenancy, the tenancy still has 2 months to run so they should be offering me a choice of methods of how I would like to pay this fee. I've been reading about these TDS's on this forum and I've read something about being informed within a 3 week period that the deposit has been held in a scheme. In my scenario, and at the time I was signing the TA, I was informed that the deposit would be protected in a scheme, indeed it is written in the TA, and I was just handing the deposit over at that time, and that was the last I heard on the subject. In this snotgram of today the agent seem very confident that they are going to deduct this or that from the deposit so next week I'm going to be making a phone calls to the TDS however have the agent conformed to the TDS requirements, that the informed me that the deposit would go to a TDS but I haven't had it confirmed since that the deposit is actually in, or received by, a TDS? Thanks
  21. Thanks again KL, Yes, I appreciate that for metered water I also pay a percentage of used water as a sewerage charge ..... and I believe I pay some VAT on these, have no fear, nothing shall be missed I'll also be charging the LL for utilities used by their workmen during my tenancy, work that should have been completed before I moved in. Just as an example the patio needed the green cleaning off it, it was lethal to walk on when wet, the workman jet-washed it for 2.5 hours and reading about the jet-washers on Argos's website they use 6+ litres of water per minute and something like 1.2kw of electricity per hour! To be honest, for 2 months after moving in to this property I allowed myself to become stressed regarding it, I was neglecting my business duties, and after 2 months I found it necessary to give up hope and just make the best of a bad job, I had just lost enthusiasm to have estimates etc. for the repair of the shower, any abidance to the TA had been all one sided, it became clear that the other party(s) couldn't give a rat's backside, and I declined to become stressed any further. I think I'll play this off the cuff, it I find another place to live then this LL/agent can go to hell, if I don't find somewhere to live, so soon, then I'll play this tenancy out by the book. Thanks Again
  22. KL, If I might, please, run another scenario past you: I've mention that the shower continues to drip, the shower is in need of a new 'service pack' and the LL/agent have know this since soon after my tenancy started, and they were aware the shower was dripping before I moved in. In the TA, and under the 1985 act, the LL is obligated to repair and keep in good working order installations for the supply of water. This shower is a fixed water installation with it's own plumbed water supply and with no fitted isolator valves thus, short of turning the water supply off at the main stop cock, it continues to drip. Bearing in mind this breaches, in my belief, the 1985 act does this represent, what is legally referred to as, a fundamental breach of the TA? Thanks
  23. KL, Thanks, I am a LL also and my tenant has been in my (owned) house for 10 years, part of this is because she loves the house but the fact that I put right any problems also helps! As LL's we prefer to make as much money, revenue, as we can, that is only human nature, but we need to understand that we need to put money back in sometimes! Another problem with this house, reported on the LL/agent's inventory, is a dripping shower and 4 months down the road they still decline/refuse to have a new 'service pack' installed. This is dripping at a rate of 1.9 lites per hour, that's some 5,000 litres of water down the drain so far, and this is metered water. I'm going to calculate the cost of 1.9 litres per hour for 6 months and deduct this from the rent also
  24. Thans KL, I would have preferred a different answer but your answer is the one I had been expecting anyway. The subject of the court case was that the 2 bathrooms, due to cracked floors causing water damage to the ceilings and walls below, were unusable for the first 6 weeks of my tenancy and until the LL/agent got their fingers out of backsides to do something about it and so much of this, and other matters, has been recorded in written email communications. Another BIG problem was that the previous tenants had not so much as put a vacuum cleaner around prior to departing, the house had been empty for 2 weeks before I moved in, and the LL/agent had done diddly squat to clean or sort out the other required repairs. On the same subject I have repeatedly called that the TA needs amending to the effect that I may leave the property in the same condition to how I found it but these calls have falling on deaf ears. Now I'm reading this paperwork, accompanying the S21 notice, received and it is stating that the property needs to be cleaned throughout and, in particular, that curtains should be professionally cleaned and receipt(s) for the same provided. Now, in particular, the curtains were so 'manky' when I moved in the agent himself insisted that I wash my hands after touching them, again this is recorded in a written email, and the tenancy agreement states that such cleaning should only take place if the such "shall have been soiled". Well these curtains have been in storage thus they shall not have been soiled during my tenancy but, by this letter and in disagreement with the tenancy agreement, I am being instructed to have them professionally cleaned! I consider this to be enough of a justification to withhold rent payment(s) to the equivalent of the security deposit, I have repeated argued regarding the filthy state of this property when I moved in, that I am not prepared to deep clean it twice, upon moving in and upon moving out, one or the other but not both, and now they are telling me that if I do not clean etc. then my security deposit is 'in danger'!
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