From what i can glean from the act, even if the s21 were valid, which it appears not be given that the £1500 deposit and advance rent were not placed into a TDS, then any overpayment or advance payment of rent, as in colecting rent every 4 weeks instead of monthly and at £25 a time over the prescribed rent in the AST, then this must also be returned to the tenant. Apolgies Andy if i posted in the wrong section, i thought general legal was correct for this.

Sadly they are a young family and when the LL has turned up and demamded money, so she can stay in the property, she has blindly oaid as he tends to do this around november, she simply panics that she will be kicked out just before xmas and finds it from anywhere she can. She has basically sat back not knowing what to do or how to deal with it until now when it could all be too late for me to help her. Im trying to buy her and her partner some time at least to get some cash together to rent another property from a respectable agency.

I hope for her sake she has bank statements to prove all the payments she made

A good family friend has found herself in a very awkward situation through no real fault of her own other than naive ignorance. I’ll try to keep this short and to the point. She is in private rented accom and has been since Oct 11 on an initial 12 mth AST. Terms of tenancy were £575, 30th every month. Paid a £1500 cash deposit and initial rental advance but this was never placed into a TDS scheme and the AST reads no deposit paid so an additional £57 per week to be paid until 1 months rent was held in advance. Also written into AST is that all rent payments to be paid through her mothers account and a/c details noted. LL has always however called every 4 weeks to collect rent of £600 and naively without questioning it the tenant has paid. She is the mother if 6 young children and pregnant with no7, her partner is a hard working bloke who provides for all of them. The rent has never been in arrears and always paid on time when landlord has called. This landlord has also called each year to demand sums if upto £1500 to “let them stay there”, again naively, she paid, fearful that she would be evicted if she didnt. This year same thing, landlord calls for his annual lump sum but is told no this time, not getting it. Earlier in the year, around march, he issued them with a s21 to quit the property which expired on 31/5/2017, despite this he has still happily called every 4 weeks instead of every month for his £600 rent which has duly been paid on request. On 7th december, there was a possession order granted giving her until 21/12/2017 to vacate the property and she is now terrified that bailiffs will call to kick her and her family out before xmas. In a bid to gain her some time i have suggested that a set aside application should be immediately filed on the grounds that the LL has received over the years, far in excess of what the actual rent due should have been and as a consequence the rent is now well in advance, by thousands i should imagine but at this time i haven't done any kind if spreadsheet to give an exact figure. It is fair to say that the LL will eventually have his way and hav her remived to wherever but if there is anything i can do to help slow down the process then i will. I dont know enough about s21 atm to know whether it would be valid given that everything was upto date etc and since its expiry, the LL has been happy to carry on collecting rent on a 4 week instead of monthly basis and will read what i can find to gen up but any advice here on a pretty urgent basis would be most welcome. It is hoped that any bailiff involvement and eviction can at least be put off for a few months to allow them to gather enough cash to rent elsewhere. Thanks in advance for any help offered and if i can I’ll answer any queries or find out from her.

No worries Johnhn, once its allocated a hearing date that should be the latest date its all settled and done with, but no promises tho, stranger things have happened.

Hardship would refer to say, did this cause you to be unable to provide food, heat, light etc

Not biased no, the concern here would be the access your son had to your account, which they may find is solely down to your lack of diligence. They may see something different as did the judge in the cochran case but the FoS have no legal requirement to apply that ruling as a standard, thats reserved for the courts. I have seen cases where FoS have been inconsistent even in their own findings, upholding one case and not upholding another where the circumstances are the same. Alot depends on the adjudicator.

Hopefully Experian will remove it after the 14days has expired. The ICO may take some time to deal with your letter.

£15m between 250000 customers averages around £60 per customer, cant yet see how loans will be written off or large amounts refunded with these figures but then i havent delved very deep yet.

https://www.unison.org.uk/news/article/2017/07/tribunal-fees-victory/ If you have paid tribunal fees since 2013 you should be claiming them back now.

https://www.unison.org.uk/news/article/2017/07/tribunal-fees-victory/ If you have paid tribunal fees since 2013 you should be claiming them back now.

BrightHouse to pay back £14.8m to customers - what you need to know http://www.manchestereveningnews.co.uk/news/greater-manchester-news/brighthouse-refunds-compensation-customers-consumer-13803134#ICID=ios_MENNewsApp_AppShare_Click_Other Another link to this here Will be getting my pen n paper back out for this.

Alternatively tho, providing the info asked for could show that you were in no financial postion to be able to afford the loan and as such should never have been approved for it, this would then show irresponsible lending on the part of P2P.

Hi Rimarj, While i am no expert in this area i can offer the following: Small claims court should be your last resort and not the first step. In any case you would have to issue the landlord with a request fir the amount you intend to claim followed by a letter before action and then issue a claim form to comply with pre action protocol, the courts do not like when people just jump straight into claiming without first trying some sort of resolution process. Next you must consider this, is your tenancy between you and the landlord or the agent? You will no doubt be on a short term agreement if maybe 6 or 12 months. If you were to issue a claim then your landlord is highly unlikely to agree to let you stay beyond this and you and your 2 very young children will soon be house hunting again with agency fees and deposits to find etc and also possibly an ongoing court case, so think hard about the bigger picture. Push the agent for organising the works to be done as quickly as possible and hooefully all of the firmer will not be necessary, you should even be able to negotiate the first few days rent as a discount of next months rent. Tread carefully and dont just jump in two feet first!!

So its been a long and stressful week with the demise of Monarch but i am very happy to tell you that the full refund was received in my CC account yesterday. Spent all yesterday and today searching and searching fir another holiday for half term but the profiteering vultures have outpriced most people from booking anything atm. I have however found a fantastic 5* All Inclusive holiday for the family in Marmaris for easter for just a little more than i got refunded so everyone is happy again, albeit the holiday will be 6 months later than planned.

Been offered full refunds on both Andy, if that doesnt materialise then s75 will apply, both were paid with credit cards. To be fair to the agents, they have said we will be refunded for the whole holidays under ATOL rules as no alternative can be found. The prices for replacement flights have skyrocketed to between £450 and £650 per passenger and there are 6 of us. All 6 flights were only just over £600 in total. On a plus note, although the kids are devastated, we will now rebook a longer holiday for easter.

Had 2 holidays booked with monarch flights, 1st was to depart on 24th oct, kids gonna be devastated, it would have been their first holiday abroad. 2nd was a short break for me n the mrs next april, both now been cancelled.

UC does take 6/7 weeks but you can also arrange an advance on it before then assuming you would qualify for it in the first place. Note: Your last 5 posts are a bit out of order! This site is run by volunteers who give their time freely to help people like you. It was 1:00am in the morning and you began spitting your dummy out because there wasnt a response after a few mins. You certainly chise the correct user name! Good luck.

They will continue to report adverse data until its removed from your CRA fike. They will also try telling you that it cant be removed! Its all rubbish, they’ll remove it eventually but you MUST include it in your PoC.

Ring sussex court and ask what its about and where the claimform was sent to

I would personally call the court first, the letter should have the court case reference number on it, find out what the fine is all about.

Get working on your WS and don't not leave it to the last minute, the more prepared you are the better your standing and understanding of the case and procedure. Never leave something as important as this too late, even if you never actually need it, it prepares you with dealing with any possible future issues.

Watch out for Hoist re registering the Default. Hoist will no doubt write to you with a notice of assignment stating that now they are the legal owners. Hoist use Robinson Way as their collection agents. As soon as you get any letter from Hoist/Robbers way, send a s78 CCA request ( which you already know they cant comply with via BC) and ignore anything else until you actually receive an agreement. Unless of course they are dumb enough to issue a claimform.

You can still reclaim the insurances that they force you to take out with every agreement. If you have the statements from them fir each one(they now send them ince a year) then you should complete a spreadsheet for each agreement. If you dont have all the info to hand then its a good start to send a SAR to get the info first.

Link ok