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Rent pressure zones READ MORE HERE: https://beta.gov.scot/policies/private-renting/rent-pressure-zones/ Please note this only affects 'Private Residential Tenancies' in Scotland Only Rent Pressure Zone Checker: https://www.mygov.scot/rent-pressure-zone-checker/ -
New Private Residential Tenancy - Scotland Only https://beta.gov.scot/publications/scottish-government-model-private-residential-tenancy-agreement/ This come into force on 1st December 2017 and affects Tenancy Agreements from that date onwards only and will replace the Assured and Short Assured Tenancy Agreements for all new Tenancies. Changes will include: -- Longer notice periods, with tenants who have been in a property for more than six months receiving at least 84 day notice to leave, unless they are at fault -- Simpler notices, with a simpler notice to leave process -- The introduction of a model tenancy agreement which can be used by landlords to set up a tenancy -- No more fixed terms - private residential tenancies are open ended, meaning your landlord can't ask you to leave just because you've been in the property for 6 months as they can with a short assured tenancy. -- Rent increases - your rent can only be increased once every 12 months (with 3 months notice) and if you think the proposed increase is unfair you can refer it to a rent officer. These are just some of the new changes. If you had an Assured or Short Assured Tenancy Agreement before the 1st December 2017 then these Tenancy Agreements will continue until your landlord ends that tenancy agreement (using the correct procedure). (note if your Assured/Short Assured Tenancy is for renewal after the 1st December 2017 then you landlord will have to offer the new Private Residential Tenancy). Links of Interest: Scottish Government - Private Renting https://beta.gov.scot/policies/private-renting/private-tenancy-reform/ The Scottish Government Model Private Residential Tenancy Agreement http://www.gov.scot/Publications/2017/10/3669/2 Shelter Scotland - The New Private Residential Tenancy https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/the_private_residential_tenancy Housing and Property Chamber First-Tier Tribunal for Scotland https://www.housingandpropertychamber.scot/news/new-private-residential-tenancy
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Hi, I received an Ordinary cause Claim a few weeks ago. I've been to court to hand in my Notice of Intention to Defend. I've now got to put my Defence in . Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes. Any help or advice would be appreciated. Who Is The Claimant: Cabot Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Ordinary What is the claim for: 1. Jurisdiction 2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand. 3.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 4.The defender failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC. The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 01/08/2012 and the pursuers have advised the defender of same. 5.The last payment was made to account on 21/08/2012. The said sum of £6000 is the sum sued for. 6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so. Claim Received:- 31/07/2017 Notice of Intention to Defend:- 21/08/17 Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17 What Documents are listed in Box E2: Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Notice of Assignment but I received letters from Cabot asking for payment. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was your last payment:- 20/06/2012 Why did you cease payments:- Financial difficulty Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB -
Hi I'm looking for some advice. I have received a solicitor's letter saying that I am in arrears on my mortgage and if no agreement can be reached then the house may be repossessed. I am querying the arrears as it includes a multitude of charges etc., When I first became unemployed I requested that the arrears be added to the end of the mortgage...capitalisation...but Platform refused..because this was something that they didn't do. I also asked if I could buy myself out of the high interest rate to a lower interest rate...and they refused. My original mortgage was for £93,000 interest only. I opted for interest only because I was stuck in a really high interest rate and planned on going onto capital and interest after the initial 3 year fixed term. Remember that I asked if I could capitalise these arrears and was refused. I just discovered today that my current mortgage payment is including the arrears amount ie the £93,000 plus arrears plus charges! My mortgage payment is £288.50 per month. I pay £290. As I am already paying a higher mortgage to pay interest on the arrears and the charges...I have said that they have effectively capitalised the mortgage by adding the arrears to my mortgage balance and increasing my mortgage payment to cover the interest on this. I have asked for complete breakdown of all charges, arrears, mortgage payments and, they added insurance to my payments too at an extra £22 per month despite giving me no option to look at different quotes. The insurance is with their own insurance company and despite paying £22 every month, plus interest on my mortgage, the insurance doesnt cover me if anything happens to my home. If Platform capitalised the arrears I would be paying no more than I am paying already....effectively paying the interest on the arrears. I have had mortgage arrears before with other mortgage lenders and they did not add the mortgage arrears onto the mortgage. They were completely separate and were paid off when the mortgage was paid off. The way I see it Platform are not treating me fairly...they are receiving the interest payments for the arrears but have refused to capitalise. Is this common practice? Any help would be great! I need some advice on how to deal with this. Gemspan xxx Can somebody give me some help please? Is there anybody around that can advise? Thank you Gemspan
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Hi, I have never used forums before, but I really need advice. I have been a private tenant in my home for 10 years, with very little contact with my landlady, the last time being over 2 years ago! Just last week I had a letter put through my letterbox from a downstairs neighbour telling me that he had purchased the property from my landlady, and she had asked him to be the point of contact between us, and he wants us to vacate the property by 09-12-17. We have not heard officially from our landlady concerning the sale of the property, and the letter from the neighbour is not through a solicitor. I would like to know if this is legal and above board. Please, any advice will be gratefully accepted. LGHS. -
I had a joint mortgage with my ex, and was left struggling with it after she decided to leave, stopped paying anything and refused any contact. Managed to keep it going for a bit but I was put on the SVR after our 3 year deal ended which doubled the payments, and of course because she wouldn't speak to me I couldn't resign to another fixed deal and get the payments back down so ultimately the property was reposessed in Sept 2011. The property was sold for much less than we'd paid, but the lender marked it as "settled" on my credit file and I heard no more for a year or so, when I received a letter to say £28000 was outstanding as a shortfall. Since then I've had one letter pretty much every other year just restating that there is a shortfall. This year however Enact have suddenly sent me a flurry of six letters in the last month demanding to know my situation. Is there anything at all I can do about this? I'm in Scotland. No contact with my ex so I don't know where she stands on it, or if she has gone bankrupt. The sum claimed hasn't changed so she hasn't made any payments. I have a young family now and really need this put to bed, but don't want to be in a cycle of paying them for years and years for something I no longer have, nor do i have a lump sum I could give them. What is the worst they could do here?
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Today I got a message from Payment Protection Scotland about payment of PPI and to pay their invoice. I will start with how everything started. Back in March I had filled in a form about claiming PPI with them and heard nothing back. 2 weeks ago I got a call from the Bank Of Scotland's internal PPI team asking me about PPI, what credit cards I had with them, when I got them, was I miss sold it or did I know etc and the man said thanks for everything, I'll let you know in 4 weeks what decision has been made, he said if any payment of PPI is due because I only paid it for one year, he told me that over the phone I only paid PPI for one year then it would be paid into my account and if not a letter would follow explaining why not. I don't check my bank account everyday I had no idea about this payment. I called the Bank of Scotland and they confirmed that the payment was made by them into my account for the PPI I am owed but they can't comment on any agreement made between me any other party. they want me to pay over £90 in fees and I don't know what to do. I don't know if the man at the Bank of Scotland phoning me was to do with them or if it's just their own internal team making phone calls to customers. I don't know what to think or do. -
Hi Folks, I'm hoping someone could give me some advice on this matter. Today I recevied a parking charge notice for parking in the Asda carpark in Falkirk. I remember the day I was in the car park, there is no barrier present upon entry and on entry I never saw a ticket machine, likewise on the exit, no barrier or ticket machine, so I assumed it was perfectly fine to leave. On the letter it states ''We have issued a parking charge notice (PCN) ..... to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge'' it then next states that the terms and conditions are clearly set out on signs (which once again I genuinely can't recall seeing) and thusly I am now bound to these terms and conditions. Now I'm no dummy, these idiots say I've got 14 days to pay £40 before it shoots up to £70. But, they haven't stated why I am being fined and second of all, I haven't signed any documentation or verbally agreed to any contract so am I liable or this? Any fast help would be appreciated guys, Thanks, Kyle. -
Statutory intervention in Wellhouse Housing Association - June 2017 Can be downloaded here: https://www.scottishhousingregulator.gov.uk/publications/statutory-intervention-wellhouse-housing-association-june-2017
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Scottish Housing Regulator Fire Safety Advice - Letter to all social landlords can be download here: https://www.scottishhousingregulator.gov.uk/publications/fire-safety-advice-letter-all-social-landlords
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I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland. In this particular case I was definitely not the driver and that is absolutely genuine. I obviously know who the driver is but not about to divulge this information to them. The alleged incident happened on Oct 30th 2016, their PNC is dated 7th November 2016 and I received the PNC via second class post today 16th Nov 2016 some 17 days later. I thought they only had 14 days for to send this out, but I could be wrong. Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year? I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that? I also notice that they state on the reverse that - quote "Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc. what happens when their clients property is in Scotland then? One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways. Any help appreciated.
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Letting Agents Registration and Code of Practice Comes into force 31st January 2018 ***Scotland Only*** The Housing (Scotland) Act 2014 made provisions for the mandatory letting agent registration, regulation and training requirements in Scotland. Housing (Scotland) Act 2014: http://www.legislation.gov.uk/asp/2014/14/contents/enacted Part 4 of the Housing (Scotland) Act 2014 makes provision for the registration, regulation and training requirements for letting agents in Scotland. They include a mandatory register of letting agents, a ‘fit and proper’ person test, training requirements, a code of practice to which all letting agents must adhere and enforcement through the new First-Tier Tribunal. The Letting Agent Registration (Scotland) Regulations 2016 sets out the training requirements that those applying to join the register of letting agents must meet and additional information required for registration. This was laid before the Scottish Parliament on 22nd December 2016 and comes into force 31st January 2018. The Letting Agent Registration (Scotland) Regulations 2016: http://www.legislation.gov.uk/ssi/2016/432/introduction/made Letting Agent Registration Guide: https://www.mygov.scot/letting-agent-registration/who-needs-to-register/ The Register of Letting Agents will be a list run by Scottish Ministers that will make sure every letting agent is suitable to do the job and has met minimum training requirements. --legal obligations relating to letting agency work and the rights and responsibilities of tenants and landlords --handling of tenants’ and landlords’ money --arranging and managing a tenancy --managing repairs and maintenance --customer communications --complaints handling --equality issues The Letting Agent Code of Practice (Scotland) Regulations 2016 were laid before the Scottish Parliament and will come into force on 31st January 2018. The Letting Agent Code of Practice (Scotland) Regulations 2016: http://www.legislation.gov.uk/sdsi/2016/9780111030912 Those engaged in letting agency work must also comply with the Letting Agent Code of Practice. The Code of Practice is set out in The Letting Agent Code of Practice (Scotland) Regulations 2016 and contains general duties including: --complying with relevant legislation --providing accurate information --applying procedures consistently and reasonably --dealing with complaints --ensuring compliance by employees and subcontractors --handling private information sensitively --not to unlawfully discriminate --carrying out services in a timely fashion and with due skill and care Housing and Property Chamber First-tier Tribunal for Scotland: https://www.housingandpropertychamber.scot/
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Scottish tenants who have not been notified which of the three tenancy deposit schemes has been used to protect their deposit are entitled to claim damages. The court is empowered to make a penalty award of up to three times the amount of the deposit, to be paid by the landlord to the tenant, where the landlord has failed in the duty to protect deposits in one of the three approved schemes. This is in terms of Regulation 10 of the Tenancy Deposit Scheme (Scotland) Regulations 2011. Despite this law being introduced to protect tenants, over half of tenant deposits have yet to be protected. This was covered in yesterdays "Scotland on Sunday" - google search "call for action on tenant deposits" The agency featured in the paper, O'Neill lettings in Edinburgh and Glasgow, (run by disqualified director Ralph Weir and his family) has told tenants it will not be using the scheme and you can read more about this agency by searching oneill deposits on google. -
For the full story : - http://www.bbc.co.uk/news/uk-scotland-scotland-business-40069986
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Hi there, I 'm not sure if this is the correct forum as it's a Scottish issue. My daughter is a foster carer and wants to take the child on holiday with the rest of the family. The problem is the child's parent will not give consent to any holidays in the UK or abroad nor even pass on the child's now expired passport. The parent will not agree to sign a passport form either which leaves my daughter with no option but to apply for a specific issue order in court to have the passport form signed and applied for in the child's name. Can anyone give me some pointers as to how we can go about this and any pitfalls we need to look out for. Thanks hodgsoi -
Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggling to find a definitive answer on Scottish Decrees. Ideally if I can avoid a decree/have it set aside I will offer to continue paying a token payment, or if I come back to the UK and work, increase payments and pay the debt off in full, If i never come back i guess it will get statute barred! Thanks in advance for any help!!
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My brother in law obtained POA over my son without consulting me, My son tells me he never asked for his uncle to become his POA, I cannot get access to my sons accounts (at his request) indeed my son cannot view the state of his account himself, My son wishes to cancel the POA. where do I stand in this matter
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Hi, I have been receiving letters from a debt collection agency on the back of a parking violation in braehead retail park Scotland. I have been given a last opportunity before court proceedings. I have never replied or disclosed myself as the driver. What can I write to make them go away before they raise any court action. Would appreciate latest advice and a letter template. Kind regards Followufollowme -
Received this letter in the post today, I've never had any contact with them before. There was no other information included so I dont even know which years this is apparently for! What would be my proper course of action? And how do I find out more about this 'summary warrant'. Regards
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Today I received a Claim Form for an old Bank Of Scotland Credit Card debt that had been passed on to IDEM Securities Limited. I had been sending regular monthly payments to Idem via Standing Order, last payment sent was January 2016. I had sent a signed for CCA Request on 28 December 2015 to IDEM SERVICING. The reply to my CCA request was: IDEM acknowledged they were unable to supply a copy and acknowledged until they could do so the agreement cannot be enforced. in March 2016 they wrote again saying they have now received a copy from LLOYDS BANKING GROUP and enclosed a copy. No signatures whatsoever are shown and just a print off of Repayment and Interest Charging, all looks like a generic print off. I never made any communication whatsoever with IDEM from this point. They tried phoning me daily and leaving messages on my answer machine which i never responded to. They then wrote to me in April 2016 saying they were unable to speak with me. Then they wrote in May 2016 saying they are keen to speak with me. Then on 14th July they wrote saying account transferred to Litigation. Today I received the County Court Claim Form with Issue Date 27 July 2016. I have logged into MCOL and done acknowledgement of service, and defend all. I have also a CPR 31.14 request to send signed for to Claimant in the morning. I also at this moment have a Claim Form going on with PRA-Halifax(LLoyds) which i have a thread on the forum, i have filed defence on that, and awaiting the 28 days to see if gets stayed, so i already was aware with MCOL and defend all being way to go. I thought it would still be worth while posting a new thread with this particular claim that has arrived today, just incase any different cause of action is best, both cases are very similar intruth as both have not provided a true copy of CCA. Any help/advice as always truly appreciated! Thank you -
Got a parking ticket (from police not traffic warden) for parking in Dalry Place (Edinburgh, Scotland) which is pedestrianised. As a resident I am supposed to be allowed to stop and load there for 30 mins, but the ticket says I was recorded as being there for 3 mins (14:07 to 14:10). I can request a court hearing - just wondering if these ever go in favour of the defendant or do I stand little chance of getting off? I am thinking that I feel I am in the right, but is it going to be worth the hassle versus £30 fine... -
Hi I have a mortgage with BOS I have been in arrears since 2011 and didn't pay at all for a year or so stated payments again in April till July then missed aug and sept then set up new arrangement and paid two In October and one in November the direct debit will be missed on 30th as I don't have enough but it will be in my bank on 5th jan will they retry or is it best to call and explain? My arrears are 9800 Thanks -
Good evening, I've received a reconstituted agreement for an old Bank of Scotland from Cabot who now has the debt. However at the bottom of the 'agreement' it states: "This agreement is governed by Scottish law." Out of curiosity does anyone know if this means that it can't be pursued through the English courts?? I live in England. Sorry if I have posted in the wrong place. Thanks in advance. Molly
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Hello, I've read several cases on this forum and found most of them similar to mine, except the amount of money DWF wants from me. So I'll start from beginning. A month ago I found out how to trick self-checkout I've used this "trick" 4 - 5 times tops, and only to buy necessary groceries to survive until next paycheck and totally regret my actions. The amount of money barely would reach £70. I suspect, that they have tracked me down, by noticing repetitive entries on their system Since I am employed in a restaurant which is situated inside ASDA's premises, security informed police where to find me. Police then came to my work with pictures from CCTV asking to confirm that this is me in that photo. Police also told me that I am under suspicion for shoplifting and therefore I am banned from the store. As a result of that, I've got suspended from work for an indefinite time, until this matter with ASDA is resolved. Several days ago I spoke to my managers and asked if they heard anything back from ASDA or police about the progress on the case, they said that ASDA has collected all the necessary evidence and passed to police which will probably prosecute me for fraudulence or fraud. Also, I've been told to expect police visit at my house soon, but it's been a month, since 2nd November. And I have never been interviewed neither by ASDA or police about this matter. On 25th November, I have received a letter from DWF stating that they are solicitors acting on behalf of ASDA and asking to pay an enormous amount of money for stolen goods and standard amount for security costs(£125). Of course, 7 days to pay the outstanding balance to avoid further actions. Second sheet has FAQ and the last sheet says that THEY are waiting for payment or response. I have not replied yet and I am not planning to. I am shocked! It's physically impossible to steal goods for such amount of money. I think they have a roulette with amounts of money to beg for. I suspect, it might be influenced by a poor relationship between ASDA and the restaurant I'm working for and they are trying to rip their rival's employee. My main concern is the amount of money, which is £10 000. On what grounds? And should I wait for a response from police or court before even thinking of replying to DWF? So, I assume this might be an interesting case for you, guys. Thank you in advance for any feedback. -
I thought vehicle clamping wasn't allowed in Scotland https://www.scotcourts.gov.uk/about-the-scottish-court-service/scs-news/2016/11/24/fines-dodgers-pay-up-after-cars-clamped
