Jump to content

Showing results for tags 'dispute'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hello, I am having problems with a dispute with a training provider. The dispute has been ongoing for nearly a year. I hope there can be help with this unhappy issue. I studied a "foundation degree" a while back and am unhappy with the way they (the college) have treated my complaint. I want my money back because I strongly believe the service was of exceptionally poor administration and not value for money. The administration of the course was extremely poor, the teaching was lacking and the vocational learning non-existent. In addition the lead lecturer clearly did not know the subject. There were no areas of work based learning offered and little material substantial to the area. In response to complaints of lack of expertise or lecturer handling of the subject, we were offered third party courses. These were available from one computer at set college times. The college has later denied a complaint took place and that the case was that the course was not for me. The college has refused to discuss the intricacies of my complaint (professional practice; relevant technology; conduct of staff) and thoroughly insisted that this is a personal student experience. In addition, the complaint is not to be upheld due to positive anonymous student comments and verification by an external verifier. And finally, they have openly aserted that I am a drop out. I was student representative of this course and heard many complaints regarding the course from other students. I was laughed at openly by the said course leader several times. The Skills Funding Agency have also insisted that as a corporate entity, the college is allowed to answer complaints as it sees fit. As such I am not eager to let the matter drop as it was very degrading. I am wondering if it is worth it to continue a complaint with the ombudsman as they have shredded me every step of the way, and I only know that I 'received' a final decision from correspondence with the SFA. I have demanded all records of my involvement at the college published under the FOIA, but of course this is a DP issue. It has been months and the college have yet to acknowledge my request anyway. I really appreciate any feedback whether positive or negative. **Long story short, went to a college, did a University course, got very bad value for money and have had exhausted their complaints procedure.
  2. hi all.... not sure if im in the rite forum but here goes... had an egg credit card 10 years or so ago for one reason or another it never got paid ect ect... no payments have been paid on this since 2009 and ive just ignored it hoping it would kind of go away. until 3 weeks ago i got a letter from WRIGHT HASSALL stating they was filing for bankruptcy if i didnt clear or start to clear the debt.. so armed with the letter asking to see my signed cca with my pound postal order i went swanning off to the post office... to which i got a reply a few days later with a printed statement saying that sending the pound postal order and even though the last payment i made was in 2009 this was acceptance to the debt. i didnt reply to this then a week or so later i get another letter with a "reconstituted" copy of the original terms and conditions and a copy of the current terms and conditions???? followed by a paragraph. We now look forward to receiving your proposals for repayment in 14 days blah blah blah..... ...... on none of this was my original signed dated copy..... .. im a litted lost as to what to send back to them. any help ideas or input would be greatly appreciated cheers
  3. We are in private rented property and have told the landlord to use the deposit as the final months' rent (she gave us notice having said she was going to sell the house). We have had flooding, the gas fire is condemned, one of the chimneys is in a dangerous condition, mould grows in the house, the Stanley gas cooker/boiler is antiquated and regularly breaks down. The landlord has threatened to tell everyone in the town what dreadful people we are, as well as my employer and to post it on the Landlords Association forum. She has told us that she is going to issue a summons and get a ccj against us and we will have to meet all of her costs. we have never been late with the rent, all bills are fully paid up and the house will be left in immaculate condition. Any helpful thoughts would be most appreciated.
  4. Hi all, We moved out of our property about a month ago. Within the 10 days the landlord requested 200 pounds worth of deductions, and we've been given the rest back by the agent. We've repeatedly asked him for what these deductions are, and so far he's only mentioned some supposed damage to a sofa which he says will cost 60 pounds to clean, then if that can't be done, more may have to be spent on repairing it. We wish to dispute this, as we absolutely did not cause this damage, and will do so with the mydeposits dispute service. However, we still don't know what else this 200 pounds is supposed to cover. We've asked for a list a number of times and all we get is the mention of the sofa. I guess he's just hedging his bets in case it costs more. I want to dispute this, but my concern is this - we need to submit evidence with our dispute, so how can we do that if we don't know what the majority of the claim is for? If we only submit evidence about the sofa, he could then change his counter claim to add in 140 quid's worth of other issues, which we'll have no chance to submit evidence about. What's our best move here? Should we demand a finalised list before we dispute, or would the fact he hasn't given us one yet count against him in a dispute? Or will we be given a chance to counter with evidence if he brings up stuff we haven't been notified of yet? Thanks in advance for any help with this. Louis
  5. I've had a disagreement with my landlord over penetrative damp coming through a plug socket. Other than this issue there is little else I'm too bothered about with my tenancy. Please take a look at the below images. (If a mod couldn't edit the link to work after checking it that'd be great) hxxp://imgur.com/a/LAma8 I notified my landlord of this after discovering it in my new tenancy (who had already been notified by other tenants previously). I explained I felt it was a serious electrocution hazard and probably a fire hazard. My landlord put it in writing that due to good weather he was busy doing repairs on other houses that had broken fences/gutters. I disagreed with this and felt that despite this being ignored for sometime the presence of a young child meant this should be an emergency repair. Broken fences and gutters can't electrocute people, his priorities are wrong here right? Anyway, after 3 weeks of dilly dallying I eventually put my foot down and said if it were not addressed I would be calling the council. Someone came the next day but I was out (common area in shared house, allowed access without warning I think). All that has occurred is the faceplate being replaced with a flat one without plugs. My landlord tells me the electrician has stated that this is now safe and is ignoring my communication. I have a feeling he's telling me porkies and that this is in fact still dangerous and/or a fire hazard. What should I be doing in this situation? He has told me as a result of the back and forth of me trying to get him to do SOMETHING (prior to the council threat) that I am the worst tenant he has had of 100s in his 17 years as a landlord. I feel like I've been pretty reasonable and just wanted action on a dangerous hazard. I still feel like it's a fire hazard and further action should occur. What should I do here? What are my options? What do the experienced here think? If opinion is against me then fair enough, I'll put my hands up and admit fault and lack of reasonableness. I however feel like this should have been resolved in the kind of timescale that an owner-occupier would have prioritised it, and with a small child regularly in the house I feel like that's a hazard worthy of immediate repair. Yes? No? Right? Wrong? Thoughts. Thank you very much all.
  6. Hi, Im new to these forums but I hope this is in the right place. I am renting a room off a landlord that has incredible ventilation issues. The room has a door from the kitchen and double glass doors onto the garden, however these doors do not open. I have contacted the landlord several times and he refuses to fix the door for no apparent reason but he said he may put a passive vent in the door (noway near acceptable for me). He has kindly left me a hammer to smash the windows in an emergency however as the doors are double glazed it will be hard work I imagine! The issue I have is even when it was cold I had to have a fan on constantly to get any aeration. Now the weather is heating up the room is becoming almost sauna like and all a fan does is blow hot air around the room. I have also contacted the previous tenant whose contract I took over as I assumed the doors would open when I saw the room. He said that the landlord said he would send a locksmith round several times to no avail. He didn't tell me about the doors as he knew no-one would take the room if they knew the truth. I ask anyone who has any knowledge on these things if it is a legal requirement that there is an open window in a rented room. I have found a Northern Ireland website which states this but the rules may be different in England. It looks like I may be able to get early termination anyway as my landlord has not protected my deposit after nearly two months so I am looking at this avenue, however the more options I have the better as I am determined not to let him walk all over me. Any information would be greatly appreciated. Stephan
  7. Desperate for advice This is somewhat complex but THANK YOU IN ADVANCE FOR READING. Please advise as this making me so unwell. I rent a flat which is owned privately, it is managed on behalf of the owner by an agent. The flat is 2 bed and is in a multi complex unit managed by a temporary debt recovery firm. My tenancy commenced 2009. I was advised and have proof that I was going to be linked by the agent, to all utility companies. This was successful with Gas and Electricity but I soon learned that water was indeed privatised and known as resale. I did not agree to this and my concern was supported when bills were finally issued. I took dispute with the billing procedure as it had no consistency – often 8-10 months between invoices and they were not itemised in terms of meter readings or unit costs or how the breakdown in costs were achieved. I have a water metre which is located outside of the flat, the key to which I was told only last year is my front door key. I contacted the previous management of the complex and there began my ongoing dispute. I will make clear that until 2012 I paid all bills for which I have receipts. In June 2012 the new management company took over due to the bankruptcy of the previous owner and through my diligence in pursuing lawful billing, I became aware that the previous company left owing SW water £10,000.00 in debt. I later learnt that the bank to which I paid my bills was the private account of the then owner. I accept that this does not affect me in that the debt was written off by SW Water but I stated in an email to the new company that I wanted, as I had been mid dispute, to have all future bills detail when readings were taken, how the charges are met, unit costs/any administration costs etc. I have emails evidencing all the above. On January 25th 2013 an invoice was finally sent to the owner of the property, this was sent then to the letting agent who finally forwarded it to me in March. I must make clear at this point that bill is in the name of the flat’s owner but of course under tenancy agreement I am responsible. The invoice was dated for the period of 19/06/2012 – 28/12/2012. The balance due as stated on the invoice was for £346.88p. No meter readings as requested, no breakdown in costs, nothing but a sum total. I paid the management company of the complex as the bill was issued by them and it was them with whom I had raised my concerns, as providers. I set up an arrangement to pay instalments of £65 per month as of April and paid x 3 instalments plus 1 ad hoc payment of £35.96p in total £577.84p. Meanwhile I pursued with my request – itemised bills. The management company of the complex clearly became frustrated with this as they contacted me end of July 2013 to say that they were returning the full payment and that they would not correspond with me further as I am not the owner of the property. They emailed this with written confirmation that until this date my bill was £577.84 they refunded the amount in full. I contacted the letting agent who until that time remained uninterested and obstructive – ‘You’re the tenant just pay’. I advised them that I could not make payment to the complex and that I would pay the letting agent which was agreed but I maintained that I wanted lawful billing asking – would you pay any sum placed before you not knowing how that sum was achieved? Many emails exchanged which have been incredibly stressful, I am currently on S/L due to depression and it has taken me a week or more to face this next stage. I’m exhausted. The letting agency were finally in receipt of breakdown in costs, in January 2014 I receive my first itemised bill £1449.49 the breakdown in costs runs into difficulty when the reading for the period of 19/06/2012 – 18/12/2012 (some 10 days difference to original) £97.28p more? Interesting though to note that they go on to state in emails between the letting agent and the management of the complex (email I believe linked to me in error) that my overall bill for Water and Sewerage would have been £2,403.87 since 2009 how do they reach this figure without record of accounts (which they say in email they do not hold) and if it is for the period of the commencement of tenancy, that would mean an average yearly bill of £480.6p which falls in line with the average yearly bill for South West Water and Sewerage usage based on a household that is metered as quoted by OFWAT and the water consumer counsel. I would accept this. So how do they suggest that since June 2012 - June 2013 I owe £1074.61 twice above the average yearly use? I believe my bills to be excessive – they average £95 per month? I ask this but the representative at the letting agency sits in as judge and jury and vets my concerns asking ‘more proof more evidence’ He bullies and belittles me, he sends emails that frustrate me as I am unable to communicate with any other person – It appears he has made this personal now asking that I pay £140 to credit check my daughter who has been living at the property since the start of tenancy – they knew this. I have 14 days to comply. The current situation is I am stating to my letting agent that as I have evidence that until July 2013 my bill was paid in total, I will await an invoice from that period to present day. ‘NO’. I stated that I had met my contractual obligation and cannot be responsible for the management complex now saying that they made a ‘clerical error’ and that I am to pay the sum in total with immediate effect. I have paid the £577.68 and am currently told by the letting agency agent that he will not forward my concerns. The letting agent states that I do not have a case, he is the manager of finance and in my opinion not in a position to judge what is communicated or not to the providers. I understand this is a bit complex and I have tried my best to explain it but as I said I am currently unwell and this only serves to cause me great distress – I have a folder of emails proving the inconsistency of figures. Finally, I have been to CAB they advise civil case, I had an appointment with a solicitor who advised that it may not be cost effective to have legal advice due to costs. I am a single parent, working but lone responsibility for all outgoings. Many thanks for your time if you have read this, feels somewhat reassuring as I already feel less alone.
  8. Hi guys, I'm just trying to get a bit of advice for a friend of mine who's mother has recently passed away. He has lived with his mother all his life and has been her carer for the past few years. The house they live in was left in trust by his grandmother, his mother and one brother were named as trustees. The house was left for his mother to live in as long as she wanted, after this the will states that if the house is to be sold the monies are to be divided equally between all four of her children, or her children's children if their parents are deceased also. As it stands there is one surviving sibling, but both siblings that were named as trustees are now deceased. Two of the deceased siblings both had two children, my friend is the only son of the other sibling. The questions that I have are: 1, If the will was to be dealt with by the trustees are the siblings of the trustees now the ones responsible as the last remaining son was not named in the will as a trustee, only mentioned as to he should get a share of the estate. This son thinks that he should be the one to deal with it, but is this legally the case? 2, My friend is still living in the house it has been his family home for around 20 years, and he is entitled to a quarter share of the house as stated in the will. His remaining uncle is keen to force him out and sell the house. My friend wants to continue living in the house but where does he stand legally? Thanks
  9. Hi, Ive recently had a fraudulent payment from my bank account, the Halifax have said they dont see it as fraudulent and have refered it to there disputes team, as a result its cost me £110 & today they have offered a £40 compensation payment to me, can anybody help me please & also can someone advise how I should proceed. many thanks lee
  10. Hi, apologies if this question has already been asked - I've searched and haven't been able to come up with anything answering my questions. Any help would be greatly appreciated, I'm in quite a muddle! I was a lodger in a landlady's house for two months last year. I paid a deposit of £420 and signed a lodger licence agreement (relevant clauses given below). My landlady is now refusing to return my deposit for the following reasons: (1) A month's prospective rent (£420) lost because my room was in such a state that she was unable to show the room to prospective tennants and was unable to get a tennant to take my place as soon as I left. (2) A week's worth of lost earnings (£500) that she suffered due to induistrial cleaning (carried out by herself) of the property after I left it in 'an incomparable state of dirtiness and smell'. (3) An additional week's worth of prospective rent (£105) she lost out on because of the week she spent cleaning. With respect to claim 1, while my room was untidy, it wasn't unclean, and I was never notified, in person or writing, that my room was in an unacceptable state and that this was stopping her from advertising the house. She acknowledges this and alleges that it was because I was unapproachable while I was living there. Also, she made this allegation just two weeks after I left the property. With respect to claim 2, I have dated video evidence from the day that I moved out showing the house to be very clean and tidy, that counteracts the claim that it was in the state that she alleges (though I can't prove it didn't smell, I do have a signed witness statement from a tennant that left two days before me saying that the rooms didn't smell when he left). I have three questions (with some follow-ons!): Firstly, is the landlady's claim of a loss of 'prospective' rent a reasonable deduction from the deposit? Secondly, shouldn't she have said something to me, in writing or in person, if she what she's saying regarding lost rent, is true? and if so, does the fact that she didn't do this invalidate her claim? Thirdly, assuming that my video evidence shows that the room was clean (which I believe it does), is there any traction to claims of smell? and if so, would it be 'reasonable' to claim for five days of her own time spent cleaning for that? Any elucidation on any of these issues would be greatly appreciated. ------------------------------------ Pertinent clauses in licence agreement: * Deductions from the deposit can only be made to cover any reasonable costs incurred by or losses to him by any breach of the lodger's obligations under this agreement'. From what I can see in the agreement, the only clauses she can claim I breached are: (1) Keep the interior of the room in a good and clean state and condition and not damage or injure the property or any part of it. (2) Yield up the room at the end of the term in the clean state and condition it was in at the beginning of the term (3) Not do, or omit to do, anything on or at the property which may be or become a nuisance or annoyance to the Owner or any other occupiers ...
  11. Hi Lee Need your help... Your staff members are being incredibly unhelpful and i cant get an answer. The £3.50 charge for non-DD i believe is unfair and the OFT set it out that the charge can only be upto the ACTUAL cost. I have quoted this to your staff since the inception of it this year. Its started to be invoiced to my number ending 154 and i dont think its fair... Especially how much i pay. So Lee... Why are your staff being unhelpful? I want something put in place to PREVENT the charge being applied as its unjustified. Your staff seem to think that im willing to set up a DD for such a large amount of money. Ive tried to find the link to email you, but i cant see it as the contact us section has changed from when it was around.
  12. Hi All In July 2002 I could not get a mortgage and my father took out a mortgage on a property i have lived in, in his name for which I have paid ever since. A verbal agreement was made that the property was mine, however the deeds are in his name. In the last month he has decided that the property is his and is trying to sell it and keep all the equity. He is also now claiming he was a landlord for the past 12 years although he has done zero maintenance etc. I can evidence the payments for the house every month to his bank account. This puts me in a difficult postion, proving the verbal agreement, losing considerable equity in the property and also means I have lost 12 years I thought i was on the property ladder and of course potentially homeless. I could really do with some advice on my legal position here. Please no comments on how I should have got something in writing, i didnt think my own father would do this. I was thinking along the lines of "implied trust' - that we must have had an agreement for me to pay for the home, or else why would you have paid for all the the repairs, improvemensts and monthly payments etc. Also, can I withdraw implied right of access to the deed title holder? Thanks
  13. In summary my girlfriend was in a collision with another. Her passenger can vouch for the events 1. Girlfriend about to turn in to side road 2. other car came out and crashed in to side of girlfriends car 3. Other driver apologises, takes full responsibility - windows fully misted and not cleared. 4. other driver leaves scene without giving details 5. other driver difficult to get hold of, non committal to giving details. 6. details eventually given 20 hours later. 7. Girlfriend has contacted her own insurance and eventually police re other drive driver details 8. Other driver given false details! (recently retained licence after disqualification for drink driving to boot). Full details eventually given. 9. Other driver now claiming girlfriends fault Currently a dispute and girlfriend is under 25 so cannot get a hire care via insurance. She is dreading a long process and living out in the stick this is a huge upheaval for her. Anyway - can anyone advise further or maybe shed light on the other drivers history being taken into account. I guess not giving details at time and giving false details are NOT admission of guilt, and common sense probably won't prevail. Any advice/comments/experience of this from other forum users will be great. Thank you
  14. Hello all, what a great forum I have been reading through the subjects for hours but cant seem to find answers to my specific situation. Also I do hope this is in the right section. The basics : Building works quoted at £8k, Deposit paid £3k, I have refused to pay outstanding amount as work completed is not fit for purpose.Builder now completed online court claim of outstanding balance £5k. I have reports that state work needs to be demolished and rebuild and will cost £7.5k I have been advised by Citizens Advice to counter claim this amount. First question, and no doubt there will be many more to come, the Defence Form received from the court. Should I be writing a very detailed defence here and enclosing all evidence (photos, documents etc) to be returned asap or should this only have enough detail to explain the reason for disputing the claim and wait for further questions from the court to add the full detail? Hope this makes sense, all this legal wording is giving me a headache.
  15. Hi, Really hope someone can help. I'm at my wits end. Basically, I cancelled an insurance policy mid term in Nov 2011. Over a year later I started to receive solicitors letters saying I owed charges amounting to £570. I didn't understand where this had come from and asked for a breakdown of charges. They were sent in a confusing format that even my solicitor couldn't understand. Cut a long story short despite negotiations and trying to compromise they wouldn't budge. I hired a solicitor and they have ignored him. They issued a letter to me stating their intention to file with the courts. I passed this to my solicitor where it should have gone in the firs place, again he wrote to them several times to no avail. I haven't heard anything for 6 months so presumed they had let it drop. Today my solicitor informs me that bailiffs have been authorised to come and seize the amount due now £1000. How can this be right? I haven't been given the opportunity to negotiate or give my version of events. My solicitor says we can go to court but the amount owed may rise to £5000 so better to pay but why should I? Please help (
  16. Hi, I was wondering if anyone could offer me their insight into my problem. I moved into a property just over 3 years ago and have just moved out, but my landlord is withholding the deposit. As background my housemate and I paid our deposit + first month rent to a full management letting agent in cash. A DPS certificate was not obtained and I completely forgot about it (I know, i'm an idiot). The flat we moved into was messy and had a fair amount of wear and tear already (despite it being quite a new build, apparently is was a case of build them quick and low quality) and this was recorded in the inventory. Over time the agent would take longer and longer to reply to our requests for repairs, and eventually stopped replying completely. About a year later a guy knocks on our door and tells us that the agent had done a runner with 3 months of rent from several customers and so the landlord had appointed a new letting agent, which was him. We verified this was true and started paying our rent to the new agent, everything was OK. We have now moved out of the property and are trying to get our deposit back. The new agent wants nothing to do with it as the deposit was paid before they were the agent and have instructed us to contact the landlord. The landlord is now refusing to return the deposit, saying that he was ripped off by the old agent and its not his problem. He kept making out that it was the old agent's fault and tried to wash his hands of the problem, I know this is rubbish. He's also complaining about the state of the property. The place is actually tidier than when we moved in, other than some damage under the bath from a slowly leaking pipe that we didn't know about. I've told him that I will make a claim in court unless he returns the deposit, and he stopped replying to me. I've checked and the deposit was not protected with any of the DPS. There are a few problems though. There is almost no paperwork for the rental. I have the tenancy agreement and thats it, this does list the rent and the deposit amount. I have no receipts for deposit payment and no inventory, though I have bank statements showing me withdrawing hundreds of pounds in cash around that time, which is unusual activity for me - I doubt that will suffice. Also, I don't have the landlords address or phone number, only his email address. My questions: How much of a problem is the lack of paperwork likely to be in reclaiming the deposit? How much of a problem is the damage to the house likely to pose given that nobody has a copy of the inventory? Will it improve my chances of a claim because the deposit wasn't protected? The landlord should have been given a certificate to confirm the deposit had been protected, and obviously didn't check up on this so is he liable? (I know I didn't check up either) Are the new agents required to give me the landlords address so I can make a claim through the small claims court? I haven't signed a tenancy agreement with them as we moved out quite soon after they became agents. Best Regards, Forsh86
  17. I've just had the forms from NatWest for PPI on loans going back as far as 10 years. I'm a little confused as I was told (by NatWest) that there was a time limit of 6 years on making these claims. There are a number of reasons why I believe I'm eligible to reclaim the PPII was told repeatedly that not taking PPI meant I was more likely to be refused a loan My employment over that period changed between employed and self-employed, the staff who completed my loan application knew this and didn't imform me that this would mean I might not be covered by the PPI A staff member told me to always put 'employed' as my employment status even though I changed between statuses & advised during one application I would soon be changing employment status - they didn't mention any of the implications regarding self-employment I have a number of debts outstanding with NatWest that I am paying in an informal debt management arrangement as well as a number of debts with other providers. My NatWest current account has been closed in so far as I can no longer use it. However it is open in the sense that I can still use the sort code and acc number to make payments to pay off the overdraft I had when I closed it to begin paying off my debts in an arrangement. What I'd like to know is: Can NatWest force me to use the money to pay debts I have with them or can I request they pay me by cheque? (I have debts with other companies so I would be required to allocate the money equally between them if I was to use it on my debts) Am I best giving all the reasons why I think I was mis-sold or just to stick to one and keep my answers on the form brief (they're a bit of an essay currently!) Thanks in advance.
  18. Hi there - hoping to get some help with a slightly complex tenancy issue. I have done a reasonable amount of research on the web and have not yet found a definitive answer. For background: Assured Shorthold Tenancy in England 12m contract, with 6m break clause with 2m notice required after this period (i.e. min term 8m). We are currently 2m into this. Joint tenancy signed by the two parties living in the property Assignment clause in the tenancy stipulates: "Not to assign underlet (or) part with or share the possession of the Premises and not to permit any persons other than the person named as the Tenant or any other person approved of in writing by the Landlord to occupy or reside in the Premises. (Not to take in lodgers or paying guests) without the Landlord’s written consent which shall not be withheld unreasonably." While it's a joint tenancy, the landlords preference was for one payment to be received, so the other tenant pays me his rent and I pay the full rent to the landlord. Current situation: The other flatmate has announced he wishes to leave the flat asap due to personal issues, albeit acknowledging it will take circa a month to find a replacement tenant. I intend to stay in the flat. I have explained he has signed a legally binding contract, the fact we have a J&S guarantee etc. I have suggested an 'informal' two months notice period, on the basis that (a) the landlord is willing to accept the lease being assigned to a new party, (b) I will do my best to find someone within the two months and therefore reduce the time he needs to stay/pay and © this does not change the fact he remains liable for the next 6 months (i.e. we're currently 2m into a min term of 8m). While the other tenant has suggested he will try and get someone I like, their number 1 priority appears to be moving out asap. On this basis he has suggested it should be him advertising for a new flatmate in order to get someone in asap. I have suggested this is unacceptable to me and I should be the one advertising (obviously dont want to live with someone I dont like for 6m minimum!). So I have the following questions: My research so far suggests both myself and my landlord would have to sign an assignation document if he formally passes the lease to someone, i.e. I could refuse to sign. Is this correct? As per the point above, what right does he have to sublet his room in the event he gains landlord approval but not mine? In an extreme situation could I point blank refuse to have anyone else join the flat as a new tenant or as a subleasee of him? I'm conscious of the J&S guarantee and in theory would have the funds to cover the full rent for the minimum term and (regretfully) go down the court route to claim the monies I'm out of pocket back from him. Does my suggestion of 'informal' two months notice period with the 3 caveats seem like a fair compromise? My default position of any costs related to this should be for him to pay - I do not see why either the landlord or myself should be out of pocket. Is this reasonable / standard? Is there anything else I should be aware of legally speaking? Obviously hoping to resolve all of this amicably but need to know what I can and cannot do if he starts playing silly b*ggers! Kind regards!
  19. Currently selling my property in Scotland when engaging the estate agent/solicitor(combined firm) I was told by their rep who came to the house and followed up by email that the commission they would take for the sale of my house would be 1.75% . Now I'm in dispute with them as they say the minimum commission they take is £1750 if the of % the sale price would be less than that. Now I've checked the paper work which I have signed and it does say the above. But if I have been told the sale price is 1.75% then surely this is a binding agreement and they should honor it? Plus I feel that the level of service we have been given from them does not warrant full payment.
  20. Hi can anyone help? We viewed a property that we liked and we told the agent that we had adverse credit and an IVA. The agent said that the landlord was flexible and we COULD use a guarantor for this property. We were led to believe that if we failed the credit check (which we thought we would and were honest about) it wouldnt be a problem as we had a guarantor in place. The landlord accepted our offer for the monthly rental price and we went to the office to pay the application fee and fill in the application forms. Upon returning the forms we left the credit page blank so we could ask the agency staff member AGAIN that a guarantor was acceptable for this property. She stated our IVA and adverse credit on the application form, then proceeded to give us a guarantor form for us to fill out quicker upon a failed report coming back. We left the office after paying £180 for the application fee assured that we would be accepted for this property by way of a guarantor. The following week from the initial viewing i received a phone call stating that the report had failed and the landlord is not accepting it. i asked about the guarantor and he said no, not even with a guarantor. He offered to show us some more properties which were not in the same area and quite dismissive about the first property. My partner had gone abroad for a few days at this time and i told the agent i would get back to him. The next day after liaising with my partner i rang the office to complain that i wanted the application fee returned, as i thought the way the guarantor option had been withdrawn was unfair. this was the only reason we paid the money as we knew the credit check would fail. I said that if the landlord was not willing to accept a guarantor they should have told us at the viewing and we would not have gone ahead. She said that the landlord was willing to accept a guarantor at the time but he has now CHANGED HIS MIND and that he has a right to do that as its his property. She also explained that a credit check has three outcomes 1=pass 2=fail recommending a guarantor 3=outright fail. This was NOT explained to me on the day i paid the fee and she admitted that on the phone. She said the only way they give refunds on credit checks is if the landlord withdraws from the deal. i said he HAS by refusing a guarantor after saying that he would accept one at the start, so its his fault it hasnt gone ahead. This is stated in their terms and conditions on the back of their application form, however she didnt photocopy the form double sided so i dont have a copy of that and she didnt show me in the office either. She said that she is not able to issue refunds but she will pass the message on to the manager who will tell me exactly the same thing and refuse anyway. Is there anything i can do about this as i really think this is them twisting the terms to make quick money on a property before they get it let. thanks
  21. Hi all, I have a question relating to a fine issued for a contravention of being in a bus lane. I will detail what has occurred up to now. At the beginning of September I received a Charge Certificate for the amount of £90 from Reading Borough Council. It said I owed them this amount because they had not received the full payment of the Penalty Charge within 28 days of issuing it. I knew nothing about the Penalty Charge Notice as I had never received one in the post. On the advice of the Citizens Advice Bureau I wrote a letter to Reading Council enclosing the charge certificate. The letter stated: I am disputing the charges levied in the attached Charge Certificate because, as such, the procedure for issuing the Penalty Charge Notice was not carried out correctly as I have never received any Penalty Charge Notice. On the 30th October I received a letter back from Parking Services. The letter is pictured below. I hope you can read it. [ATTACH=CONFIG]47493[/ATTACH] I am willing to pay the £30 as I was definitely in Reading that day, at the time, and remember being lost at one point so it is possible that I did drive in a bus lane. I have tried to call the CAB for advice but had to hang up after 30 mins of waiting as my lunch break was over and I had to get back to work. I have a few queries relating to this charge. Should I just pay the £30? Do I have any basis to dispute this, and if so, does anyone know how? I was considering disputing this letter as the correct procedure still had not been followed. I have still not seen a PCN nor any evidence that I have committed any offence at all. If there are any people with similar experiences or any advice that could help that would be brilliant. Thanks in advance.
  22. Never thought I'd be writing asking for advice on fences! My neighbour (who refuses to talk to me) erected a heavy 6ft high wooden panel fence by screwing the large heavy panels to my dainty picket fence and its 3ft posts in the summer. All without my permission, I just came home one day and it was there. I was worried it would all get ripped down in heavy winds, as my fence posts weren't designed for large solid panels, and in yesterdays storms I was proved right. One of my posts has been snapped in half and so has the frame of one section. I'm looking for advice on a short letter to write to my neighbour requesting all their fencing be removed from mine to prevent further damage, but would also like to know if I can expect them to pay for the damage caused to my fence, and how I should approach that. In their mind, I'm sure they'd now love to just replace my now half broken fence with their own large one, but I'd like to keep my fence as is (once repaired) and request they make whatever arrangements for a large fence on their own property, without physically affecting mine. Is that a realistic request? Thanks!
  23. Logged a visa dispute with my bank for a holiday which was not as described. ended up flying home after 2 days. The charge back was logged and extra information provided and then i was sent a letter saying claim will be investigated and money refunded in meantime. Money never arrived so phoned to chase up to be told claim has been declined as services have been received. Have made a complaint regarding this and the outcome is that the bank say services have been received and I cannot make a claim under services not as described as there strict guidelines on what reasons a dispute can be made. Can anyone advice how i can get this dispute actioned
  24. On the 4th Oct, I went to a NATWEST atm as Nationwide was out of service. Printed balance, and then went to top up my mobile. I cancled the transaction, the NATWEST atm the did not give my card back, and went out of service. I had to go to the flat to phone nationwide to cancel my debit card (as they can take sometime to be sent out). at 9.30, I went to my bank (Nationwide) only to find that £130 had been taken... Its now been over 10 working days and noting! What shoud I do?
  25. Hello all. I am in dispute with a company that are trying to insist that I provide photographic I.D. to prove who I am, and that the ICO is allegedly backing them up in this. The company is not to be trusted, so might as well be Mickey Mouse saying that photo I.D. is required!lol Please don't ask for specifics about the company, can't give them at present, but would appreciate bullet proof arguments, case law, any relevant info so I can tell them to go **** themselves! Thanks in advance! Figgydoody.
×
×
  • Create New...