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_Mark_

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_Mark_ last won the day on January 28 2015

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  1. Costco give 5 year free warranty on all TV's I will read up on SOGA but would it not be best to first try to argue that the fix should last more than 7 months? Mark.
  2. Hi, I have a problem with my tv where it displayed pink vertical lines down the middle of the screen. I phoned costco about a month before the 5 year warranty run out they got a repair company to look at the tv. The repair company turn up and looked at the tv and saw the problem and took photos of the problem and said they would need to take it back to their workshop to fix. Once they got it to the workshop they said they could not replicate the problem but cleaned the inside of the tv and returned it to me. When I got the tv back the problem had gone until now 7 months later when my warranty has now run out. I want to phone costco to see what they say but before I do I would like to know my rights are in this situation. Mark. Sorry i have put this is the wrong subforum can someone move this for me
  3. The fixed term tenancy expired on the 14th november 2014 I left the Apartment on the 12th November 2014 The council tried to charge me council tax until the 30th of november they told me because a new tenent had registerd from that date. So I am assuming this is when they got a new tenent.
  4. I did not start the adjudication process until the 4th december so they knew when the process started but I don't think they told the adjudicator they had re let the property on the 30th.
  5. Hi Today I have found out that they re let the property on the 30th of November as I have been changed for rent from the 30th to the 5th decmeber is there anything I can do? Or will they say it is a penalty not and extension of the tenancy.
  6. I did not put this before but I did actually write a notice letter to them but did not deliver it because they sent me the following letter. I then took this as they had accepted my notice by telephone. We write to confirm that you have recently informed us that you will be vacating your apartment. Your checkout appointment needs to be confirmed for on or around the 14/11/14 and a time arranged. Please be aware you do need to be present and we do not conduct checkouts on a weekend. To avoid any deductions from your deposit please ensure all blown light bulbs have been replaced and electrical appliances are in full working order. All accessible windows, including balconied (if applicable) should be cleaned prior to the check out as should the apartment as a whole. Your apartment was professionally cleaned prior to your occupancy and we will expect the same standard on vacation. This includes all white goods and kitchen appliances, freezers should also be defrosted. We will request meter readings on the day of vacation from the concierge team and write to the utility companies on your behalf, please do not contact them before check out. Please inform us of the supplier you currently use and forwarding address. To process your bond return quickly it would be useful if you could notify us of any missing inventory items as soon as possible. We will need bank details of where to return your bond to at the checkout appointment. We would also like to make you aware that any rent paid to us in error after your last rental payment, will incur an admin fee of #30 to return this back to you. If you would like any further information relating to your check out please contact us at King regard
  7. The special clauses section was initials separate from the signature. I have attached an image of the special section. Would it be worth reporting the unfair terms to FCA see what they say and then go to court if they say the terms are unfair even if they are in special clauses?
  8. I sent to mydeposits adjudication and have lost here are the details. Dispute, evidence and findings: 1. The Landlord is claiming: i. Rent in lieu of notice £440.00 . 2. The Tenant asserts that: i. Called the Landlord on the 15th October 2014 to let them know she would be vacating the Property at the end of the Fixed Term which was acknowledged; ii. Although she accepts she was advised to put it in writing she never did. General conditions 3. Both parties are conversant with the facts of this case and the issues in dispute. The parties should be reassured that all the documents and points made have been considered in reaching this decision but the Decision itself only refers to the relevant evidence and not necessarily all the information provided. 4. It is for the Landlord to establish by evidence that, on the balance of probabilities, the Tenant was in breach of their obligations under the Tenancy Agreement, and that any expenditure claimed is reasonable and proportionate. Unless the Landlord can establish an entitlement to a payment from the Deposit it belongs to the Tenant. 5. The decisions and comments in this Adjudication only relate to the Deposit Dispute. If any comments are made on any other matters aside from the Deposit Dispute, they are not intended to have any authority and will not have any judicial or binding sanction. 6. Where the dispute relates to the ‘condition’ of the Property, it is appropriate to consider fair wear and tear when making any award. Fair wear and tear is defined by the Home Letting Service as ‘damage that has taken place over time through normal use’ and by the House of Lords as ‘reasonable use of the premises by the Tenant and the ordinary operation of natural forces’. 7. Where the issue in dispute relates to a provision in the contract, the Office of Fair Trading Guidance on Unfair Terms in Tenancy Agreements is very clear on the subject of unfair standard terms. A term will not necessarily be fair just because it appears in the3 Agreement and can be found to be unfair and unenforceable if it fails to meet the tests of transparency and fairness. 8. I have had submitted in evidence the Tenancy Agreement and letter/email correspondence. For the purposes of this dispute I refer to paragraph 8.1 of the Tenancy Agreement. Having considered the evidence, my understanding is as follows: 9. The Tenant asserts that did not have to give notice if the tenancy was going to end on the Fixed Term end date. 10. The Office of Trading Guidance does indeed stipulate that a Tenant is not obliged to give notice to terminate the tenancy at the end of the Fixed Term; however this Guidance only applies to standard clauses in a contract. Special Clauses fall outside the Guidance and it may have been prudent of the Landlord/Agent to explain this to the Tenant when enquiring of her intentions in various letters. 11. However I am satisfied by the Special Clause 8.1 in the Tenancy Agreement, signed and agreed to by the Tenant, that the Tenant was obliged to provide the requisite notice and she therefore is liable for rent in lieu of notice from 14th November to 5 th December 2014 calculated as follows: £600 x12/365 = £19.73 per day x22 days = £433.97
  9. Ok I have now checkout of the property and there was no problems with anything. Do they have a right to take the £50 checkout fee? I will be disputing the £440 Here are details on how to dispute the reduction of the deposit. http://www.mydeposits.co.uk/sites/default/files/mydeposits%20Conditions%20for%20Deposit%20Disputes%20nm.pdf Do you think I should go through ADR or go through the court system. I know I will win virtually 100% of the time going through the court system but what about going the ADR route. Can anyone tell me the best way to proceed. This is an email I have just received. Hi Susan Following a check out of Apartment with your son today, please see below list of charges from your protected bond of £830.00: £50 Check Out Fee as stipulated on the final page of the Assured Short hold Tenancy. £440 Rental period 14th November to 5th December 2014. Payment due as failed to provide 30days written notice as stipulated on final page of Assured Short hold Tenancy. We received written notice from you on the 5/11/14 after sending a number of reminder letters, emails and notes to you. (£600 rent / 30days in month = £20per day. 14/11/14-5/12/14 = 22days. £20per day x 22days notice = £440.00). Therefore a bond return of £340 is due. Could I please request bank details for the return payment and also a forwarding address for yourself? Should you not agree with the above charges please inform us in writing that you intend to dispute through the My Deposits dispute process. Please see attached guidance notes on how to dispute a claim. Should you have any queries please do not hesitate to contact us. Your Deposit Protection Certificate can be found in your Check In pack, from when you first moved into the apartment. (Certificate Number XXXXXXXXXXX) Kind Regards
  10. Thank you for replies. The contact says it is a ASSURED SHORTHOLD TENANCY AGREEMENT. 1.9 Initial TERM of the tenancy in months will be : 6 COMMENCEMENT date from and including : 14 May 2014 EXPIRY date; to and including : 14 November 2014. Also just looking at the contract again sections 8 says The following are SPECIAL or ADDITIONAL CLAUSES negotiated between the parties. Then it has the 8.1 statement above. This was not negotiated and is just in the contract.
  11. Hello, I am moving out of a flat on the 14th November and am I currently on a 6 month fixed term tenancy. I phoned the LL on the 16th october just to let them know we would not be renewing the contract this time they did ask to do this in writing but this was not done as we received a letter from the LL accepting we would not be renewing. Two days ago they put a note in the letter box Following a telephone conversation regarding ending your contract with us, please be aware we have received no written notice. Therefore you will be liable for rental payments covering your 30 days notice period even if you vacate. This is an email conversation after receiving the message. Hi, I have received a note from you yesterday trying to say we have not given you 30 days notice to vacate apartment. I think you are getting a little confused as I am on a fixed term tenancy and not a periodic tenancy. NO notice need to be given to end a fixed term tenancy (as this is what fixed term means). I did phone you to let you know I was leaving as a gesture of good will. I have also got a letter from yourself accepting that I will be leaving. As I told you on the phone I will be leaving on or before the 14th on November. If you need more info on this maybe I can point you to what the OFT has to say about notice periods on Fixed term Tenancy Agreements please see bellow. Susan https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf Notice not required for fixed term agreements 3.78 A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term. This could allow the landlord to impose a substantial financial penalty on tenants who do not realise that notice is not required, by requiring them to pay rent for a period after the end of the fixed term. Terms such as this are not necessary to protect landlords from the possibility that their property will be left empty, as the law allows landlords to recover possession at the end of the fixed term by serving at least two months' notice, and they could do so where their current tenant fails to indicate when asked whether they intend to stay on. The landlord and tenant could of course still agree to a renewal of the tenancy even after such notice was served. Their reply. Can I draw your attention to the points in your signed agreement: 8.1. In order to terminate this tenancy at the expiry of the fixed term, the tenant(s) named in clause 1.5 must give at least one months' written notice to the landlord prior to the contractual date of this tenancy agreement. If the rental is extended beyond its fixed term and becomes a periodic tenancy, the tenant(s) will be required to provide one months' written notice prior to the contractual date in order to bring the periodic tenancy to an end. I do agree you called and spoke to me that your intentions were to vacate, however I informed you that we must receive this notice in writing, which you have failed to provide. I can take this email as your notice to leave but you will be liable to make rental payments up to 5th December. (30days from this notice). My Reply. Hi Thank you for your email. Again I will tell you that I will be leaving the apartment on or before the 14th of November as good will gesture. The contract term you have given is unfair and unenforceable. If you pursue this matter any further then I will have no alternative to report this to the Office of Fair Trading. Any attempt to take any money will be defended using the UK court system. I advise you to seek legal advise before you reply to this email. Susan. Their Reply. Today at 11:43 AM Once again as per the contractual agreement you have signed with us you must provide WRITTEN notice to vacate. We have sent you a number of letters and emails which we can provide as evidence to show you have failed to provide the written notice. Should you fail to make the notice period rental payment we will retain from your bond. The amount for your records will be - £440.00 (£600 rent / 30days in month = £20per day. £20 x 22days (14/11/14-5/12/14) = £440). I have also enclosed your contract which is signed, and all the letters and emails sent to you regarding written notice. For all we knew you could have changed your circumstances and wished to stay in the apartment. Should you disagree you will have to dispute the matter with the company where your bond is held (My Deposits) this will have to be done following a check out appointment. Can anyone advise on how I should now proceed with this.
  12. Hello All Hope you can help. I had been searching the web for a specific motherboard and asus maximus formula special edition. The special edition has extra connections for water cooling. I managed to find the following web site that had them in stock ASUSTEK COMPUTER Motherboard Maximus Formula Se 90-MBB7M5-G0EAY00Z Rather than order online I phoned the shop and spoke to the manager to order the board. I confirmed with him a few times that it was the special edition version with the water cooling connection. He told me on the phone it was the special edition version. I placed the order and received the following order email. Ref: Order ORD00080011 The following items have been dispatched for delivery via City Link for Saturday Delivery delivery: ----------------------------------------------------------- 1 x ASUS Motherboard Maximus Formula () ----------------------------------------------------------- The items will be delivered to the following address: XXXX Bolton, Bolton, XXX United Kingdom Tracking Number: Courier: City Link Direct Link: http://www.city-link.co.uk/pod/podfrm.php?JobNo= ----------------------------------------------------------- Thank you for shopping at Techstore, Techstore Customer Service info@techstore.co.uk http://www.techstore.co.uk At this point I phoned them up again to make and was told the board had already been sent. I asked the manager again was this the special edition version they where sending as it did not say in the decription and the price was a little different. I also read out the part number they had displayed on their web site. He confirmed it was correct and I was getting the special edition. Well the motherboard arrived as agreed on saturday but was not the special edition version. I have sent them emails but they are trying to say they sent the correct motherboard as this matches the part number I give them and they will not refund the postage and I will have to pay postage for it to go back. What is my next step? Thanks Mark.
  13. Hello, About 6 months ago I compalined about ppi on my loan saying I was missold the PPI. I had a meeting with the bank manager and she basically said no we are not going to do anything and no we cant take ppi of your current loan (Credit Rating too low to restructure the loan). 4 weeks ago after learning that the FSA had said no refund on PPI was unfair I sent them another letter. Yesterday I received a reply saying. In order to ensuer that this matter had not financially disadvantaged you, I propose to offer to unwind your personal load protection plan and refund all the premiums you have paid to date plus interest for the period the plan has been in force. This will put you back into the position you would have been in had the plan not been taken out. The amount of this offier is £5167.81. You should also note that this offer includes an element of gross interest amounting to £634.66 Regrettably it is not possible to just cancel the person loan protection plan. However it is possible to restructure your existing person loan onto a new loan without protection at the same interest rate and return. The last bit is the bit I am worried about. Does restructure the loan not make me out of pocket somehow. I have seen people before say dont allow them to restructure but I am not sure why. Thanks for you help. Mark.
  14. Just out of interest is there any peice of documentation I can ask for that would make the dept unenfocable. I know if had not been to court then I could have got my Mother to request a cca but is there anything you can request now that it has been to court. Also if they take my Mother to court again to increase payments will another CCJ be put in her credit file. The last CCJ has been removed a few years ago. Thanks
  15. Thanks for all your replies. My Mother always pays the payment via debit card on the 1st of the month so she does not have a direct debit. I have told her to setup a standing order of £5 for the 1st of the month. Once that has been done I told her to contract them and just let them know you will no longer be paying via debit card as a standing order has been setup for £5. The dept was with littlewood for 10 years then last year a company called moorcroft took over the dept. When they took over they said my mother would have to change her payment date from the 10th to the 1st and would also need to change the payment amount from £5 to £10. My Mother agreed with the date change but said she would not increase payments. The compay morrcroft also said over the phone that the court order no longer applies and that they can increase payments if they want. NailPost please could you give me more details on what actions that can be taken against the company and how they are in contempt. I will keep you updated on the progress. Mark.
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