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Me2212

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  1. Hi again. Just so I know what I'm talking about when i complain, are there any grounds under which he could "be within his rights "to change the locks? I really can't see how they came to that conclusion and want to be precise when i complain. Just to clarify, he had served a sec 21 notice to quit 27/8,it was served prior to deposit being return so wasn't valid as he didn't protect deposit for 2 months. My tenancy was 6 months ast due to expire 27/8. He did not have a court order. I had agreed i would leave the property IF he returned my deposit and on the proviso i had removed my belongings and had confirmation that my mail was being redirected. He changed the locks the day the deposit was returned to my bank account and sent me an email "confirming " the tenancy ended the day my deposit was returned. Does he have a get out of jail free card if i had agreed to leave (but not on the day he changed the locks ) and does arrears have any bearing on the protection from eviction act ? Thanks for your time.
  2. I thanks for this reply. I had a free 30 minutes with Solciitor who said I probably wouldn't be able to get Legal Aid but that yes, he had illegally evicted me. I was advised to wait the outcome of the Police complaint as that would be a free way of obtaining a resulty against the landlord. What happened since is stated below.
  3. So, as promised here is an update and hopefully someone can point me in the direction I need to go next. I made the complaint to the Poliuce on Agust 14th 2015. Thorughtout the hour and a biut it took, the Officer taking the statement was yawning continually and the statement was also interrupted by his mobile phone ringing to the tune of "I'm sexy and I know it". Professional ! (not) He stated he felt it was a grey area but did look up the Protection from Eviction Act and it clearly stated that changing the locks during a valid tenancy was an offence under that act. By the beginning of Sept I had heard nothing, so called 101 and was advised the PC dealing with my complaint was not back on duty until 9/9/15. I request that the PC contact me on her return. Jump forward to 23rd September and I had still heard nothingso yet again called 101 and was advised that the PC who should have been dealing with it had had a lot of time off work and another PC was named on the log. I advised it was my second attempt to have someone call me as I had no idea what was going on and was conecrned that the delay could mean that the landlord had disposed of my belongings. I was advised by the call handler that he would put a call in to whoever was dealing with my complaint, or to a Sgt if he could not get the persona dealing with it. I was advised it may be a little while, ie it may be evening time before someone called me back. Skip forward to this morning and I have just received a call from the POlice (not the persona dealing) who advised he had been asked to pass on a message to me to advise that having checcked with Emergnecy housing the Police state I have no complaint and the landlord was perfectly within his rights to change the locks. I stated I was not happy with that decision as the Protection from Eviction Axxt clearly states it is an offence to change the locks durinf a valid tenancy. I was told not to shoot the messenger that he had not been dealing with the complaint and was simply delivering the message. He stated that the PC dealing has said she had tried to contact me on more than one occassion. I advised I had not received a single message from the POlice regarding this complaint despite having answerphones on my mobile and the landline. Again, I was told not to shoot the messenger. The PC stated that as there were arrears it was a civil matter not a crime. I advised that arrears were a civil matter and still did not give the landlord the right to change the locks. I asked about my belingings, he said he did not know anything about them. So, 6 weeks after making the complaint that is the only response I have had from the Police. |Any advise about what I do next? I can't afford a Solciitor and the stress of all this has had me off work sick for two months so I am now on SSP. Is there really a get out clause that states if there were arrears the landlord can legally change the locks ? The arrears were less than I would have been awarded as compensation for landlord not protecting my deposit so that's the reason why he didn't want to go to Court. That and the fact he did not have lenders permission to rent the property. Anyone any advise ? I'm at a loss as to how he can get away with this and absolutely appalled at the way in which the police have dealt with my complaint. Hope someone can point me in the right direction.
  4. That's brilliant. Just used that and it states I might be eligible for legal aid. What will solicitors do that Police can't ? Excuse my ignorance. The basics are easy to look up online, when it gets to this stage, I am not so well informed......
  5. Do you know what irks me most ? Because I was resourceful and found another property, no one sees any issues.......CAB actually said to me, "so if you now have a home, what are you actually searching/asking/hoping for...? Cut your losses and accept it" I found another home because the LL evicted me....why can people not see the illegal act for what it was ? If no one is willing to do anything about landlords breaking the law, what is the point of their existence ? Guess that is what I will be asking my MP if the Police will not prosecute him.
  6. I have an appointment with a solicitor next Tuesday for a free first half hour, after that, if I don't qualify for legal aid I would have to go it alone. Not afraid to do that, just need to know how !
  7. I certainly won't give up now, was ready to, because everyone said the same thing," yes the law exists, but no one will prosecute him" It is a sad state of affairs that on paper there is a law preventing someone from doing illegal things, but no one wants to take the responsibility of punishing those that do. Was ready to give up and accept there was nothing I could do, then thought I would ask here and what do you know ? in One hour I had the advice I needed to move forward. I will keep everyone posted as I feel my experience might help someone else in the future. It's good to see how things start, where the best advice is and what outcomes you can hope for. I would say the same thing to anyone reading this. If you know you have been wronged, act on it, don't give up. If the Police won't take action against him I'll be back to ask what next ?. Thanks all
  8. Thank you, hopefully the Police will now deal with him accordingly, but if not I will pursue this. Out of everyone I have spoke to, my local council were the least interested. Told me point blank they would not intervene and did not have a specific department dealing with evictions. At least to their credit Shelter and CAB showed some empathy, even if they could not help. The council not at all helpful and no empathy to my situation at all. Does make me wonder what the eck I am voting for ! Thank you for the links, I will follow it through if the Police decide not to prosecute him.
  9. 9 Days after he changed the locks and evicted me, several telephone calls and emails later,several agencies, Councils, etc spoken to...... this is the only good advice I have been given. Thank you so much, finally the Police are listening to me.
  10. Hi yes, Shelter directed me to the Council, who directed me to CAB, who directed me to Civil Legal Helpline.......but, finally the police are listening to me, thanks to quoting Protection From Eviction Act 1977 ! Have an appointment to go and give a statement tomorrow. Hopefully the documentary evidence I have will speak for itself and they will show this person that my rights count for something. Thanks to all here, really appreciate this site, it gives you the strength to continue when you think no one is listening to you. Will keep you posted on the outcome of tomorrow and what action, if any, they decide to take against him.
  11. Hi again I have just spoken to Police again on 101 and they brought up the original cad ref. As instructed, I quoted Protection From Eviction Act 1977 and the guy I spoke to has gone to seek out further information and will call me back. If the answer is the same, ie, they will not take the complaint further, I will ask for the address for complaints. It is my conception that by (police) offering to call him (LL) to secure a time to collect my belongings, they are technically assisting him in the eviction, but don't want to insinuate anything and get myself into trouble, but certainly feel like no one is assisting me. they have now returned my call ans state it is something they can look into ........whatever that means.........
  12. According to the Police they can't take action. They offered to call the landlord for me to get him to allow me to collect my belongings, that's it. He has told them I agreed to move out. I have all correspondence which clearly states I would consider moving only AFTER my deposit was returned, and I had been able to remove all my belongings and redirect my mail. I never got a chance to do either as he changed the locks the same day as the deposit was returned. The Police seem to be under the impression that because I had stated I would consider leaving, that I gave up the tenancy willingly. According to CAB, the Police would not prosecute him. I have the Tenancy agreement and all correspondence but they simply stated it was not a matter for them to get involved in. Even the civil legal helpline said the same, that it was a civil not a Police matter. If it is an offence, what proof do I need and does the fact I had stated I would consider moving out change anything ? Thanks for taking the time to reply.
  13. Need pointing in the right direction please. I have an assured short hold tenancy agreement which started 27 February 2015, ends 27 August 2015. On 4 th August my landlord changed the locks to the property and will only let me back in to collect my belongings. I called the Police, they state they can't help it's too much of a grey area. Local Council won't get involved. Shelter pointed me to Local Council, local council pointed me to CAB. Cab stated I should just accept it as no one was going to prosecute the landlord. They did point me to Civil legal helpline, who stated they can't help because I have now secured another property. What are my options ? A little back ground, my landlord did not protect my deposit until late April and offered no explanation as to why. I did not receive the prescribed information until 8th May. On 9th May I received a hand delivered letter stating that the landlord /tenant relationship had broken down and therefore the landlord was evicting me as of 1 st Aug. I replied and stated there were no legal ground for eviction and his letter was not valid. In May I received a further letter advising me that he was evicting me under section 21 of the housing act on Aug 27th. Late July I received a letter asking what it would take for me to leave the property. I replied and stated I wanted the return of my deposit before I would consider leaving. I further stated that I would not hand back the keys to the property until all my belongings were removed and I had confirmation from Royal Mail that my mail redirection was in place. On 4th aug, the deposit was repaid. Later that day I went home and found the locks changed. I emailed the landlord seeking confirmation he had done this and pointed out it was illegal, his response was that the legal owner of property was the person paying the mortgage and my tenancy had ended when my deposit was returned. Everyone who I have spoken agrees the landlord acted illegally by changing the locks, but no one can help and I have been told in no uncertain terms no one is going to do anything about it. What can I do myself ? My belongings are still in the property. He states I can collect them and he is perfectly entitled to remove them 4 weeks after the tenancy ended, but to my understanding, the tenancy has never been legally ended as the only section 21 notice he issued was prior to returning the deposit. Do I have any options ? I wanted him prosecuted for this but no one is prepared to help, bit pointless having a law thats states it is an offence to illegally evict someone if no one is going to uphold that law. Any advise regarding what I can do would be greatly appreciated. I don't have the money to hire someone to remove my belongings or for solicitors, but if it is possible to issue a court claim myself then I am not afraid to do so. What would I claim for ? and which claim form ? Sorry for the long convoluted post but wanted to give as much background as possible. Oh, one final things, he has today emailed me stating that my continued emails to him are bordering on "harassment" and he will forward a complaint to the Police. He further states I am not to contact him again unless it is to confirm I will collect my belongings or through the Courts. Happy to do so through the Courts, but where do I start ? Any advice please
  14. So true......knowledge is going to ensure these lowlifes dont survive for too long ! I first came to this site after" loan centre" took money from my card and I wanted to find out more about them..i armed myself with everything I needed, sent off a few to the point emails and needless to say I got it back : ) My daughter calls me a bad ass momma.....and no one messes with my unit : ) I never take anything at face value anymore....I always come here and look up the name first....such a great site ! Here's to bringing them down one by one !
  15. Ihateeyes>>>>>>> I think they are quite possibly reading these threads lol Guess what son got back via a text after he told them in no uncertain terms were they getting £75 in fines.........oh look ....their bank details !! ha ha Payment made,screen copied, and if they dare touch my bank account i'll go to the highest partner in my firm and have him sue the ass off them ! I have no dealings with them and therefore debiting or attempting to debit my card is fraud and i will pursue their sorry ass's til the cows come home ! Im lucky in that I work in a solicitors so pick up lots of info on what can and cant be done...and I take pleasure in arguing the toss with these morons. I do feel for these people on here who worry themselves silly......thank god they have this site to refer to ! I hope someone does bring them to the attention of Watchdog.....I know lots of people are embarrassed at the mess they are in but id willingly tell my story if it meant those thieving idiots got put out of business. Another one to mum.....go me !!
  16. HI all, I looked up these morons last month after my son admitted he had taken a loan from them. As soon as I had finished reading the horror stories about them I told my son in no uncertain terms to get his account and debit card cancelled. The loan is due for repayment today and I had sent them a cheque by recorded delivery for the full amount. However, yesterday evening my son received a text message from them "confirming" his "request" to roll over the loan. He had done no such thing and emailed them this morning to advise them of this. He also told them he had issued a cheque for the full amount. All he has received in return is an email telling him they dont accept "checks" and to tell the bank to cancel it. He has since emailed again requesting their bank details to pay the money directly to them via their bank account but they have now ignored this email too, and just continue to text him telling him fees will be applied to his account if he doesnt give them new card details today. I have told him under no uncertain terms NOT to give them any card details, if they choose not to accept his repayment in full by bank credit or cheque surely that's their problem ? I work for a firm of solicitors so I know what can and cant be done and dont feel threatened by hoodlums like these. Their tactics are aimed at vulnerable people who are already under acute stress. Why are the likes of The Office of Fair not stepping in to shut them down ? I have read elsewhere that they are not FSA regulated, why are they allowed to loan money and use menaces to demand it back ? My advice to anyone currently suffering at their hands.....tell them to go forth and multiply......dont be afraid of them, their powers are pretty limited at best. I will deal with them on behalf of my son and will have fun doing so, fight fire with fire i say ! I also note a few comments that look suspiciously like a glossy advert for the morons at Capital Finance One.....if you are reading this...I hope you are ready for me...im going to have so much fun with you : )) MY son owes you £166.80 and you will not get a penny more than this so either accept the cheque OR give us your bank details OR please feel free to contact him a thousand times a day and add exorbitant "fines" (illegal to use the word fines im sure ?? sure I have seen this on Watchdog...only the COURTS can use that term) every single day if you wish....his credit is already shot so threats of Court action wont worry him...in fact we would LOVE it !! , he leaves his current job today so he cant be contacted at his new workplace (another of their harassment tactics !! ) and we will gladly speak out to whoever will listen to bring your Company the slap it needs ! Please people, dont let these clowns cause you stress and worry...let them do their "worst" cause im betting its not that much lol Take pity on them, they obviously have no social or education skills that's why they are doing this job : )) Ready or not CFO here I come : )))
  17. Hi there, In order to delay I bet they didn't bother attaching the said cancellation form (the PDF document) Once you have it, print it off, fill out and send by recorded delivery. Enclose a letter stating you want your monies returned within the 14 DAYS stated on the cancellation form. They tried to tell me 30 DAYS and I said in no uncertain terms was I waiting for 30 days when the form said 14. Idiot tried to tell me that the 14 days referred to cooling off period, I referred said idiot back to the cancellation form which clearly states refunds will be done within 14 days. You will get your money back eventually, just do keep on at them, keep the recorded delivery receipt and quote this to them once the 14 days are up. I had a letter already typed up for the FSA and told them I would post it the next day if I did not receive my cheque...cheque arrived next day : )) Good luck !
  18. A company called Fresh Start who I have never had any dealings with constantly calling me at work, despite me asking (and then telling) them several times to remove my details from their register. When I say I will complain they hang up. LCS (Leeds) constantly sending me POSTCARDS stating that their representative will call at my home, despite an agreement being in place and I havent deviated from it. Halifax bank who are charging my son an extortionate £5 a day interest for going over his overdraft, which incidently went over his overdraft due to their own charges ! Despite requesting the account and charges be frozen they have ignored his letters and still keep piling on the charges. If anyone can shed any light on where to go or advice on what to do about any of the above (aside the mass complaint) Id be most grateful : )
  19. I got the full amount back. It doesnt say anywhere on the Cancellation Form that they can keep ANY monies back. A full refund means just that. If anyone should be getting money for admin or whatever, it should be the poor unsuspecting souls that get duped by these scumbags ! I had to make untold phone calls to change all my banking details,direct debits etc etc and no one uses local numbers anymore so it all adds up ! Im happy to have my money back, but would still love to see them investigated ! If what they do is all legit and above board, why were they so quick to get my money back to me to avoid a complaint being made to the FSA and OFT ? They bring out the bolshy in me ! lol
  20. Tell them you are not prepared to wait 30 days ! They told me 30 days yesterday and I told them in no uncertain terms if my refund was not sent (I requested a cheque as had closed my bank account to stop them taking more money)by 1pm today I would issue a complaint to the FSA and the OFT. The cancellation form clearly states that they will process refunds within 14 days of receipt. I waited 17 days and then had my letters for the FSA and OFT all typed up ready to go...and low and behold I get my cheque today !! Amazing what knowing your rights can get you ! Lots of knowledgeable people on here, thanks guys !
  21. HI, I stumbled across this by chance and wondered if anyone could shed light on a similar problem for me ? In April I received a letter from another Council claiming a debt of £837 from the period 1999/2001 at a property I had previously lived it. I had since lived in that Council's area in 2004 to 2006 yet they never claimed I owed them money then. In 2006, after I had moved again I got a notification from a bailiff. I contacted the Council and asked them to provide me with proof that this debt existed, including orginal bills etc. I never received this and the next time I called them the woman I spoke to said they had recalled the debt from the bailiff and it had been cancelled. I heard nothing further until their letter in April Upon receving this I contacted the Debt Helpline who advised me to write to them requesting all information held about me under the subject right of access act. I duly did this and heard nothing back for about 10 weeks. When I did receive something a was merely a few pieces of apper regarding a rehousing matter and included nothing about any housing benefit claims or council tax bills or claims etc. I wrote back to the Data Protection Officer explaining my rights under the Subject Right of Access. I received another couple of bits of paper but again. still nothing relating to any CT or HB. Again I emailed, at the end of July, asking for someone "higher" to look into why I had not received what I was entitled to receive (I had lived in their area for a number of years so there must have been more). I received no reply until yesterday, when I received three other bits of paper....at the same time as I received a letter from the bailiffs again. I had asked them to provide proof this debt existed, but they simply wrote back saying the council had said I was liable and they would pursue it. Surely i am entitled to see how this debt accrued...or any liability orders granted ? They are giving me zilch and just expecting me to pay up I also know that I have not received all the information they hold. What is my next step ? Im not giving in without a fight...if I owe the debt...then prove it...also ...what are my options regarding them not providing me with all the info requested in the given timescale (or at all !! ) I have no proof that the woman at the Council said the debt had been cancelled....though some information I have received said the debt was "archived" back in 2006...why would they do this ?? Any advice would be greatly appreciated ! Many thanks Me : )
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