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Maketa79

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Everything posted by Maketa79

  1. I thank you for all the responses, everyone who took the time and trouble to read and respond to my post. Please be reassured that I have done all that has been suggested here including detailing a clear chronology of events, even providing a copy of the 'discontinuance' form and the cover letter. What seems clear now s Andyorch has spotted a point which I was totally unaware of, namely that hearing fee refunds were scrapped. That, I suppose, is why the Court has been unresponsive. That is also what makes this Forum truly amazing, the depth of knowledge that Members have is unfathomable. Thank you so very much all.
  2. With respect, Bedtime123 & BazzaS, what you're going on about is now history because stu007 laid it all out explicitly, and no uncertain terms - his logic was clear and I did exactly as he suggested. So i do not see any value in you taking a retrogressive stance other than to cause confusion and most probably satisfy your own ego, or may be you have got too much time at your hands - idle minds etc. What exactly are your expectations? You did not contribute to this trail so what is it that is bothering you exactly other than the pervasion that you are clearly manifesting. I am adopting this tone of language which at the back of your comments which are unwelcome, uncalled for and unnecessary. Once again - stu007 has addressed all the issues so stop patronising me. Since you consider yourselves as experts, use your time positively and constructively by helping others in a progressive way. I will not be bullied by cyberbullies!
  3. Thank you for all your replies which I have carefully noted. I comment as follows: 1. My track record on this Forum will show that I'm always grateful for the advice I receive from Members and I always come back to both acknowledge the advice as well as express my gratitude. 2. Because I am less knowledgeable on tenant/landlord issues than the veterans on this Forum does no make me a subject for being patronised. For example, I have asked the question - what value was to be gained by delving into the past history which had been the subject posts. The matter upon which I was seeking advice was a specific and discrete matter with NO dependences or implications on previous, events. Hence the advice received from stu007 proved my point. 3. For those Members who felt the matter was too complicated, they could have easily moved on to other areas of the Forum where I'm certain there other contributors seeking help, just like I was. There is nothing to be gained by telling me that my issue is complicated and yet at the same time blaming for not having sign-posted you to previous posts linked to the property in question. 4. Unclebulgaria67 asks the question "...am I grateful to stu007..." - he clearly hasn't read my post, which is the very post he is criticising - I have thanked stu007 profusely. 5. I accept and embrace constructive feedback - but I do not tolerate feedback based on assumptions, where did it say that I only want to read responses that say what I want to hear? That is so NOT true- the path unclebulgaria67 was going down, enquiring about historical events was clearly unproductive and added no value to a possible solution to the problem. 6. I'm sorry I have not provided an update partly because I felt this was just taking Members' time reading yet another post - I did everything stu007 recommended I do, including inspection of the premises at the tenant's expense. I have done everything stu007 advised that is why I have come back after 2-months to thank him. So I'm not sure what kind of 'gratitude' unclebulgatia67 is referring to - it feels as though his attitude is patronise and belittle, which as far as I am concerned is of no consequence - it is his time to waste venting whatever is under his bonnet! 7. As for Stu007 - I am thanking you genuinely and I am not having a go at your colleagues. We live in a democracy so if your colleagues express an opinion which is out of line, I will soon respond to them in a robust way - they are not the font of all knowledge!!! But taking 'offence' to sincere and honest comments is something that I will not dwell on as I am very weary of emotive language. I prefer logically presented and factual statements. 8. As for BazzaS's comments and use of the word 'simpering' gratitude - there seems to be the manifestation of a 'bully' seeking for attention; I would go so far as to say there seems to be a trace of perversion in how he has twisted the situation. Make yourself useful and go to a post where you can help someone in need, As for my attitude, what aspects are you referring to? Based on what? Have you thought about your attitude? Are you an authority on 'attitude'? How are you defining it in this context?
  4. Can I make a claim against the Court? In November 2021 - I filed a complaint, demanding the £335 hearing fees which I had paid earlier. I did not receive a response to date. I have not heard from the Court. I have called the Court on the phone on innumerable occasions, the line always goes to an answering machine but no one calls me back. The case in question was originally filed by me in January 2020. Can I make a claim against the Court for failure to return my hearing fees? I would be grateful for Members' advice and steer. With thanks.
  5. Hello - unclebulgaria67 (&honeybee13), with respect please see how stu007 has dealt with my enquiry. I hope you will see that historical events which you are highlighting are and remain insignificant in this instance. The circumstances might be very unusual, but I thought that is why members come on to this Forum for, to seek help on sometimes 'unusual' circumstances. In my experience, with the exception of the times I have come across responses such as yours, I find that Forum Members deliver. Stu007's advice and guidance was an education for me - he did not brag about it, neither was he patronising. That is how it should be. There was nothing to be gained by delving into the history except to ferment confusion for those trying to help. So I'm mystified by your boastful assertions and asking the question - 2Do you think any online forum could provide any useful advice when the position you have outlined is so complicated?". Clearly if you had no contribution to my query, you could have elected to help others with less complicated circumstances. As it is, Stu007 most definitely resolved my situation and even added extra cautionary notes to his advice. Great stuff> Thank you Stu007 - your humility and ability to analyse my situation was second to none!!!
  6. Hello stu007 - thank you so much for the timely guidance, steer and the above link which I appreciate very much. I have taken on board all the cautions you have provided which I have to admit, hadn't occurred to me. So, the approach I've decided to take is to try and work with the tenant by having an initial meeting with him - how he engages with the conversation and reactions will determine how then I take things forward. I intend to point out the risks and issues, and ultimately my intention, mainly that my personal circumstances have changed and I now need to return home. I have some views on how he will react and there are issues around active listening which might bring some barriers to the conversation, but I thought I should give it a try if I am to get an amicable result. Once again, thank you very much stu007. Please do not hesitate to add any more comments should anything else cross your mind.
  7. Hello Mantis Shrimp and thank you for reading my post and subsequent responses from Members who are trying to help me. Your summary is correct. The only other thing I would seek to clarify is the current allowable period of Notice to quit - I am reading variously that this is still 4 - months and 2 - months for assured shorthold tenancy? I would be grateful if you could please explain what you mean by 'government sanctions'. Thank you.
  8. Hello stu007 - thank you and thank you for your objective analysis and subsequent questions. I'm genuinely grateful to you for taking the trouble / time to read my post. 1. Yes - I was seeking some steer / pointers on how I might terminate the tenancy amicably. The cottage or shed - would be something I need to look into in terms of definition but the construction is pretty solid and professionally done, the gentleman is clearly talented and he has built an admirable structure, complete with an outdoor jacuzzi. 2. Yes, you're right - I do not expect Members to know the tenant who I know to think the worst of any situation and needs to be approached with some sensitivity - he is the type that will not entertain an opposing viewpoint. But he is a first class citizen and tenant. I hope that is not too much of a contradiction but I'm alluding to sensitivities. 3. Yes, there is electrics and plumbing in the cottage / shed (it's constructed of wooden panels). 4. Yes - I can see the legal implications and potential for costs incurred if the structure is demolished etc. 5. Yes - I'm aware of planning permission though I have not yet checked to see if the size of the structure falls within the required criteria, I need to check this - thank you. 6. The tenancy started in December 2018. 7. It's an Assured shorthold tenancy Agreement which is now on a periodic basis. 8. I wanted to serve Notice to quit based on a non-contentious route; I genuinely need to move back to my house. 9. Deposit is paid and secured through a regulated agency As a final point, I have always strived to have a healthy working relationship with the tenants. I hope the above clarifies the points you have raised. Thank you once again.
  9. Thank you both honeybee13 and unclebulgaria67. To clarify, I comment as follows: (i) this is the same property as in a previous thread. However, in my opinion, the fact that it is the same property is immaterial and irrelevant in the context of the present query. To what extent does the 'property' play a part in the issues that I have highlighted? My objective is to de-escalate the situation and achieve an amicable termination of the tenancy agreement. (ii) I am not dealing with the same tenants and no where have I confirmed this. So merging threads of two unrelated issues seems to me rather illogical and would likely confuse a Member who might be trying to provide some advice or steer. (iii) no where have I suggested or implied that Members are picking on me, the thought never crossed my mind. After all, it is me who is seeking help and I am grateful that a Member has taken the time and trouble to read my post, and it is a bonus if they take the time and trouble to reply and offer some advice. So where am I getting bogged down, honeybee13? (iv) in my opinion, it would be illogical and confusing to bring in to play a historical and irrelevant query which has no bearing on the present circumstances. Why would I provide a history and add to an event which is no longer of relevance? I would be grateful if you could please reconsider your line of thinking and some of the assumptions you made. I agree the issues are complicated, that is why I've resorted to seeking advice from Members with a view to finding a way or an approach to de-escalate the situation as well as achieve an amicable solution.
  10. Hello Consumer Action Group Administration Team I thank you for this Forum and for facilitating connections with Members who provided invaluable advice without which I would have not made the progress I have made with the management of of my tenancy agreement. I have also learnt a great deal from my interactions with Members on this Forum. I might have had the odd disagreement with one or two members but that is because I felt I was being censored. My present query concerns the merging of my thread with a previous thread which is unrelated to my current query as the two situations are different and involve different tenants. I am concerned that by bringing the two threads together, this might create the impression that the previous query has remained unresolved and as such the situation becomes rather confusing to the reader, and I might not get the help that I am seeking from Members.
  11. unclebulgaria67 please may I ask why these two threads have been merged when they are disparate issues involving different set of tenants and wholly different circumstances. The impact of this merge is that Members will be completely and unnecessarily confused and as a result, I will not get appropriate help. I am wondering what I said in my post that made you think that the two posts were intertwined when the opposite could not be more true. I would be grateful for your explanation and rationale please otherwise I will have no choice but to delete my post and start all over again. Maketa79
  12. I am respectfully seeking advice from Members please. I need to give tenants the required 4-months Notice so that I can move back into my house at the end of July 2022. The tenants are a family of four who have been extremely good and have looked after the property exceptionally well. (i) However, they have also erected/built a very beautiful cottage within the grounds of the property without my consent, and contrary to the terms of the tenancy agreement. (ii) In doing so, they removed top soil from the garden which taken off the property (I have photographic evidence). (iii) I would not mind buying the cottage from the tenants if they will offer it at a price I can afford. With regards to approaching the tenants on the issue of Notice to quit, I expect some back clash based purely on the work they have put in in maintaining the property and the nature of their personality. I need to be cautions and sensitive. (a) I wondered if any members have had any experience in dealing with sensitive situations where there is a risk of volatility - if so, would you kindly share a suggested approach please? (b) Also, is it still the case that 4-months Notice is mandatory as was set by Government back in 2020? I would be grateful for any guidance, steer or advice please. I am a novice and reluctant landlord so, please excuse any seemingly obvious solutions. I hope you can help and I look forward to hearing from you. With thanks. Maketa79
  13. Hello All - and thank you for taking the time & trouble to read my post - dx100uk; BazzaS; Ethel Street and Andyorch, thank you so much - reading your responses is an education for me and when I shut down this desk top later, believe me, I will be better informed than I was when I turned it on a moment ago. Given the particular circumstances which have been both catastrophic and tragic for the defendant, I have to discontinue the claim as a human being. Their counter claim had already been struck out anyway, which I suppose makes it less tricky. Thank you for guiding me, for your time and effort which I never take for granted. Best wishes.
  14. I have already paid hearing fees at the County Court for a case which has yet to be listed for hearing. The Defendant is a relative who unfortunately has had her life thrown into turmoil through a family tragedy. I feel that I can no longer press on with the claim and I just have to absorb the financial loss. How do I discontinue the claim and are there likely to be any cost implications for me? The Court had earlier made a motion of its own volition and scratched out the Defendant's counterclaim. I would be grateful for some steer or ideas please on how I might communicate this situation to the Court. I did not think that this is a case where I would need to make an application because my intention is to withdraw the claim. I hope Forum Members can help. With thanks.
  15. Honeybee has addressed this and moved on, I do not know why you are taking a retrogressive step and alluding to the suggestion that I am wasting time. I am not forcing any one to contribute to my post, am I? So how am I wasting anyone's time? On the contrary it is you who is wasting my time because I have to respond to the trash talk you're now spewing. Why should I limit my research to one platform, people have different views and perspectives. For example, I did not know that the Government issued Section 21 Guidance in June 2021, something which was brought to my attention by another landlord on a different platform. This is an extremely timely and pertinent development because as every landlord know, you miss a detail and it can be extremely costly.
  16. Thank you HB and I'm sorry for venting my frustrations in this way. But the thought of being quoted from a different site is inevitably off-putting to Members who might have put their thoughts and views on paper to me. Why though, the need to cite my content from another platform? I'm a novice and reluctant landlord and I try not to get things right. As I say, Forum Members here have given me an education over the years. Please be reassured that I am not taking things personally, but seriously. The other question I have, with regards to processing Section 21 Notice - if the rent payment date is the 1st of the month, and I have to give the tenants 4-months Notice (according to the June government guidance), does the Notice start date commence from the date of 'service' or the date the next rent is due? I have tried to read on this but I cannot find anything specific to periodic tenancy. I would be grateful for any help / steer you may be able to provide.
  17. 45002 - Before signing up to this Forum, I read and agreed to the Terms & Conditions; I did so again yesterday to refresh my mind. No where does it say I cannot ask my query on other platforms. So I do not see why you're being a tyrant and blocking other helpful Members to contribute their knowledge and experience to the question I'm posing. Why are you censoring and trolling my posts on other platforms? Why can I not get intelligence from other Members more experienced and knowledgeable than myself from this site? Why are you blocking their input by saying that I have had elsewhere when the comments you're referring to are not even conclusive? Is that what you spend your time doing? It's pathetic. What Forum Rule/s have I broken by seeking help from another platform? I'm genuinely grateful that I've had a lot of helpful from this Forum over the years. But the statistical reality is that there are always the likes of people like you who out of nothing but spite, ill-will and malicious intent, choose to undermine the very objectives this Forum was set to do, that is to help the simple people like me and I'm sure others out there, in their different environments and situations. This is an invaluable resource for intelligent conversation and help for consumers. You did not have to block Members from commenting on my query - you should be ashamed of selfishness. You don't know me and my situation - so where do you get the motivation other than pure evil!
  18. Hello Members - I am a 'reluctant landlord' forced into the role due to losing my job and having to look for a job elsewhere, following which I had to leave my home which I have had to rent out. I am now seeking your help in the form of tips to recover my home from tenants - is it a straight case of serving a Section 21? Their deposit is protected formally and they are on a rolling monthly contract following expiration of the fixed term contract. There is an arrears of £50 in rent since 1 July 2021. The tenants are likely to view this as a surprise move but at the same time, they are not the best to engage in conversation, they have a gift of the garb! I just want the contract to end amicably, as well as avoid further accumulation of rent arrears. I would be grateful for some advice please, if possible. I hope you can help. With thanks.
  19. Thank you BankFodder for the feedback and learning; here is the chronology which encapsulates the 'story'. All parcels listed below were never delivered (for no apparent reason - the reason stated on the messages I received was that 'customer has no knowledge of purchases' ) by the courier who I'm cautious not to name in case there are legal implications for me personally. This matter is now in the Court system. I would be grateful if you could please confirm that you have seen the defence. Chronology Retailer Date goods ordered Date goods collected from retailer & promised for delivery by xxxxxx Comments / Breach of contract Holland & Barrett 23/09/2019 27/09/2019 Parcels not delivered – returned to H&B Debenhams 27/09/19 07/10/2019 Parcels not delivered - returned to Debenhams Holland & Barrett (re-order) 01/10/2019 07/10/2019 Parcels not delivered – returned to H&B Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams 29/09/2019 01/10/2019 Parcel not delivered - returned to Debenhams Debenhams (re-order) 01/10/2019 07/10/2019 Parcel not delivered - returned to Debenhams
  20. Thank you BankFodder for reading and responding to my post. (i) I'm sorry I did not mention the courier's name because I suspected there is a need to anonymise the case. (ii) With regards to the 'story' I have, hopefully concisely set the scene in the Particulars of Claim, that is the gist of the matter. The defence provided by the courier puts their case from their side. (iii) I try to seek help as a last resort in view of how busy people are I tend to fear that I might be a bother. Perhaps you might help me by pointing out where I might have missed a 'trick' please. I would be most grateful for your help.
  21. Dear Forum Members - I am seeking help with a case I have started against a national courier who systematically confiscated several parcels which were on-line purchases from high-street retailers. I argued that since the courier intentionally collected the parcels from the retailers, then sent me text and e-mail updates advising of the imminent delivery of the parcels, there was an 'implied contract' which was breached each time a parcel was not delivered. In their defence received yesterday, the courier argue that there was no such 'implied contract'. Of the 11 parcels involved, they have only managed to track two which they confirm are assumed lost. (i) I have kept a comprehensive record of the chronology of events; (ii) there is copious e-mail correspondence which corroborate my chronology including complaints which I filed; (iii) the courier failed to respond to a 'Subject Access Request'; (iv) the courier failed to respond to the 'Letter before Action'. My damages comprise time lost from taking time off to wait for the parcels in 2019 (the value of the parcels was refunded by the retailers). But for the fact that the courier promised specific delivery time slot, I would have not taken time off work to wait for the parcels and wold have saved myself leave days. This was compounded by the fact that the courier's conduct was 'systematic' and apparently 'malicious' for what ever reason. I would welcome comments, ideas, steer and any other notions which might guide me please. Attached are my 'Particulars of Claim' and the recently received defence. I look forward to hearing from you. With thanks & best wishes. Maketa Attached file: img20201031_15563304.pdf
  22. Will do Andyorch, I'm eternally grateful. I appreciate both your effort and time which I never take it for granted.
  23. Hello Andyorch I hope you're well and keeping safe. In answer to your question, no - I have not received the DQ yet. On the MCOL page, it specifically mentions that the DQ has been sent to the Defendant and there is no mention of the Claimant which I find concerning. I have tried to call the Court but the queue was at number 40 with over an hour waiting time. Thank you once again Andorch!
  24. Hello to Forum members reading this post. I'm seeking for help about a form of words used on MCOL in connection with a claim against a national courier - the comments on the MCOL web page say: Claim History A bar was put in place for "Defendant's name" on 26/10/2020 "Defendant's name" filed a defence on 26/10/2020 at 16:05:37 DQ sent to "Defendant's name" on 27/10/2020 What does "A bar was put in place for "Defendant name" I hope you can help and I'd be extremely grateful.
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