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feedthefrog

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  1. Thanks for the reply. We never got any S13. I've asked for a copy of the tenancy agreement but they said it would cost be £150 + VAT! I'm not paying that. It says on my deposit protect certificate it was an AST, the original tenancy agreement is at the old house in a file along with all our birth certificates, passports etc. They're from the increase in rent, I've never missed a payment. When ever I went in and paid they said things like 'paying in full, thank you. We'll post your receipt'. I've already threatened court action, I sent them a notice before action letter, the reply back was 'our records show your deposit was protected on 27th August', my reply was a picture of the protection certificate, their reply was 'landlord has agreed to pay you but unfortunately, you won't be getting it until we have utility bills and a council tax bill proving your new address'. Am I right in thinking that they can't withhold it from me like this? Think I have read somewhere that once the amount of money has been agreed between me and LL then he has 10 days to pay me. Is the email from the estate agents the LL agreeing to the amount to be paid, which can be used as evidence for me? This is so stressful No I haven't informed them, I was under the impression from the estate agents that the LL informed them? Can I send them a copy of the email saying the LL has agreed to pay me the full deposit back? Will that help? Thanks so much for the help, its really appreciated. Thank you.
  2. Just after some advice please, its all a bit complicated so I apologise in advance. I have had no end of trouble with my estate agents, they have refused to give me bank details to pay rent, so when we went to their office (an hour away) and paid cash we asked for receipts, they said they can't issue them there and then and would post them, they never came. This was the first time I had rented and I didn't know any better. In July this year I emailed them about a problem with the property, sewerage was leaking under the house and the smell was awful, we had the council out numerous times but nothing was sorted. I threatened court action and was then served with a Section 21 Notice on 27th August which ended 16th November, the landlord's reason was he needed us out to sort the problem. We contested this and it then changed to because of rent arrears even though I didn't know about any. Apparently in April 2014 my rent went up by £156 a month but we weren't informed, no paper work was given to us and no one said anything when we went in to pay rent. We moved out on 13th November 2014 and were planning to return to the property on 15th November to get the rest of our things, my partner moved everything on her own as I work away, and she home schools our 3 children so we decided I'd move the sofas, cooker etc. When I went to the property with a man and a van, carpet cleaner and someone to paint the walls the locks had been changed and a notice saying 'we have reason to believe you have abandoned the property so we've changed the locks' on the door and in the window. I don't know where they got that from because rent was still being paid weekly and no one had attempted to contact me or my partner. I rang a solicitor for advice who said its a grey area because we've got a place to stay but its with family, so we're not homeless. They told me to ask for my things back so I emailed them and asked to be let in to get my stuff and tidy the place up, they said no, we've taken pictures and you're not allowed back in. I was looking at my deposit protection certificate and noticed we paid our deposit on 27th August 2012 and it was protected on 8th October 2012, 42 days after it had been paid. On the letter it says it has to be paid within 30 days. I emailed the estate agents (also attached a photo of the certificate) who said their records show it was paid to My Deposits on 27th August 2012 and I'm basically lying. They then ended the email by saying 'a residential tenancy is not as secure as a commercial one, and you don't have any legal rights as you would with a commercial tenancy'. I have no idea why he said that, but I emailed back with a notice before action letter saying I would take the landlord to court. Estate agents said I can try all I like because rent arrears and the property having things in still would make me lose the case. I emailed back asking him to forward the email to the landlord as its for him, not the estate agent. On 27th August I get an email saying the landlord has agreed to pay my deposit back to me. I sent my bank details and then had another email saying they won't give it me until I have sent them a council tax bill for my new property. I don't have one because I'm living with family at the moment. I have a feeling this is the estate agents and not the landlord. I've found out also that because of the deposit not being correctly secured that the Section 21 was void, and I need to be let back in to the property and the eviction process started again because essentially they have let themselves in to my home, changed the locks and kept my stuff. I don't want this. I just want my money. What can I do now? How do I get them to pay me? Everything I have said I can prove through emails. I have been trying since 30th August to pay the rent arrears at £140 a week but the landlord refused my offer and demanded £500 cash that same day, which I said no to because they wouldn't give me a receipt. How do I go about getting my money back? I'd prefer to not go down the court route because then I'd have to take time off work, which I really can't do. Can I go through My Deposits? Or will that fail due to the landlord not letting me pay the rent arrears and my things still in the house? I was still charged for the man and van, carpet cleaner and decorator, which I can prove. I've lost a lot of possessions but right now, I want to cut my losses and just move on from this nightmare. I have given them my mum's address but its not good enough apparently. Would just like to add, the agent we are dealing with now is not the agent we signed up with. Original agent went bust in 2013, this agent then took over. We first had a AST, and never received any paperwork when it went on to a rolling contract (not sure if this is of any importance but Shelter thinks it is). Thanks in advance, and sorry for the essay!
  3. Dx, you have been an awful lot of help on 2 of my threads, thank you. I sent the letters next day recorded yesterday, so hopefully they will be read within a couple of days (excusing the bank holiday), and the extras will be off my items soon
  4. Ok, I have lost my previous thread! Bit of background; Friend has had her money stopped (DLA) while she is investigated and doesn't know when it will be sorted. She can't pay BH but won't return the items she has. She was planning just to ignore them but seeing as she hasn't paid hardly anything off her items, I think they won't go away so easily (I am guessing she still has a few grand left to pay all in all, roughly 4/5 grand by my calculation). After talking to her nearly all night, I have managed to persuade her in to at least talking to BH about what has happened. She will in no way be able to afford the charges and arrears that will be placed on her account, so she has decided to buy a second hand washer dryer, coffee table and bed as I have said I will help her pay for these (I would rather go without a few luxuries than let a life long friend get herself in to this situation). She has said when she has the second hand ones, she will gladly return these 3 items to BH, but is wanting to keep the TV and laptop and pay them every week like she originally was as she can afford these 2 if her DLA gets stopped again. Will this work? It will take a few weeks to get everything she needs as the washer dryer and bed need to be low so she can reach them and easily accessible, and I need to find the money, so she will be roughly 5-6 weeks in arrears with BH when she returns them. Can she return the 3 items to BH, and on the same day will BH allow her to do a re-write for the laptop and TV? She got the TV in Jan 2013 and laptop in Feb 2013. This is the best solution I can come up with, will it work? Oh, and I have told her to make sure that crappy DLC and OSC aren't on her new agreement!! Thanks
  5. I have sent a letter off to head office to cancel the insurances on my BH items, so should be all set soon (I'm referring to my other post.) This one, 100% has nothing to do with me. Was telling a very close friend about this site and the fact that I can get my DLC and OSC back and taken off, she asked me to post this. She won't pay them, I have told her she has signed an agreement but she is having none of it. TBH I can't believe her stupidity. She knows she won't be able to afford it for a few weeks, and defo won't be able to afford the charges when her money is sorted, but hey ho. I'm just worried as to what will happen if she doesn't pay or return the items? Can anyone give me any clue please? Just then I can inform her?
  6. Just got this off another site, is it true? 'My mate is a credit manager for perfect homes... same thing as brighthouse... if you dont pay them by law there only allowed to chase you for money for 12 weeks, anythink after that they have to wipe the debt and if they continue to make contact you can sue for harrasment, its called a high risk agreement, if they take you to court a judge would just laugh at them for signing it in the first place... its all in the small print!'
  7. I am writing this for a friend, so some info may be missing. She got a washer & dryer in Sept 2012, a TV in Jan 2013, Laptop in Feb 2013 and a coffee table last week. She was due to be paid yesterday (28/03/2013) because of the bank holiday but wasn't, she rang DLA to be told her claim has been stopped due to info that she has a partner living there. She hasn't, she is a disabled single mum to 2 children. She doesn't want to send the items back and is planning to just ignore BH when they ring on Saturday for payment, and any other times they ring as DLA have said they can't say when she will get the money started again. I worked out (thanks to this site) that she is paying over £30 a week extra in their 'insurances'! She has never had a late payment with them and they have always been nice with her. She would like to know what will happen if she doesn't pay them, and ignores the door/phone? I know their 'heavies' aren't bailiffs and can't actually do something, but will they take her to court? And if that happens, what will the court do? I have looked and can't work it out. Will they get her to return the items and pay what she can afford every week to pay off what she owes? Or can she keep the items? Also, what does the court order that BH obtain mean? Can they let themselves into the property to take the things of does she need to invite them then they can take it with or without her permission? I have seen a few comments saying people have refused to pay for quite a few weeks, then BH have offered a re-write, would they do this? Please help, I am so worried for her because I think they may get the police involved. Thanks.
  8. I think I may have got the OSC and DLC mixed up? I want to cancel the one that isn't 'insurance', as that is the one costing £18.95 a week, the other one is the one I am unsure about IYSWIM?
  9. We are currently paying BH £130 a week (TV, washer, sofa, laptop and fridge freezer), I have worked out that in OSC we are paying a whopping £18.95 a WEEK! I have read we don't need this as everything comes with a warranty, which it does as TV, washer and fridge freezer all came with them from the manufacturer. Plus the £9.08 a week for DLC. We don't have home contents insurance, and were told we need DLC because of this, also we were misled in to accepting the OSC on everything. I know we can cancel the OSC, but can we cancel the DLC as well? And can we claim back everything we have paid in regards to both? If we do cancel them (or just the OSC) and claim everything back, is it likely BH will terminate our contracts and want the items back? Any advice is really appreciated! Thanks!
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