SECTION 75 (Only) Protection when buying Goods using a Credit Card - Section 75 Claim By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. PROTEC~1.PDF

If you buy an item costing £31,300 and pay a deposit of £1000 using a credit card, are you still covered by section 75 for up to £30,000?

SECTION 75 (Only) Protection when buying Goods using a Credit Card** - Section 75 Claim (** or any method of Finance covered by the Consumer Credit Act) By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through. This is due to a little-known loophole that means section 75 claims can be reversed. Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims. The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation. Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't. Your refund rights under section 75 Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone. Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation. When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth. But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute. There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years. However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy. So if there is no response then it is best to raise the issue as a complaint to try to force a response. Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised. Section 75 Rules Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant. Purchases must be between £100 and £30,000 Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards The amount of credit provided to the consumer towards the purchase must not exceed £25,000 There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts Added rules around section 75 The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform. Protection when buying Goods.pdf

Could anyone give information on what happens at a set aside hearing i am the judgement creditor lip ccj against active ltd thanks

I rent a house from a private landlord and have done so for 3 years or so. We did have a good relationship until recently when she informed me she wants to sell the property. She asked me if the rent was up to date and I said it was as far as I was aware. I have now been issued with a section 8 notice out of the blue, stating rent arrears as the reason, but the arrears are from January and March this year and it is the first I knew of this. Additionally, there was no tenancy agreement in place for that period. I had an AST for the first year, when that expired a new one was not put in place (we had a relaxed landlord/tenant relationship) until a couple of months ago when a new one was issued. My questions are, should I have been formally advised of the arrears before a section 8 was issued? Does it make any difference that no tenancy agreement was in place for the period when the arrears have occurred? Thank you for your help.

hi folks, can someone please direct me to the info on section 75, have had a look through the forum and am either missing it, or just can't find it. Am looking at tying to make a claim against credit company thanks folks

Long story short. Around April last year I bought a guest bed for the spare room. The bed has only been used about 10 times as it's a guest bed, however the frame has broken and is fairly unusable as a bed. I've contacted Halifax to raise a S75 claim, however they are saying as I do not have the receipt to prove I purchased the bed, I am unable to make the claim, even though I have provided them with a statement showing the purchase. The bed cost £199. The store I bought the bed from went out of business late last year, so I have been unable to contact them. Do I need the original receipt to make a claim?

If you are issued a section 21 notice, and there is no hearing, there is no way to contest costs. The judge has discretion to award costs or not. I was issued a section 21 because I would not accept a rent increase. No other issues with the tenancy. Costs were awarded. Whether a section 21 is issued or not is completely at the landlords discretion. Then forcing a tenant who is otherwise not in breach of the tenancy to bear that cost seems to be a violation of the consumer contracts act, 2015. I want to take that to small claims. Do I have a case? As I understand it, small claims will be loath to overturn costs orders, but section 21 is an "administrative procedure". Perhaps the costs are "administrative" also, and not strictly awarded court costs?

http://www.telegraph.co.uk/news/2016/12/29/sexism-storm-engulfs-royal-britishlegion-16k-quit-womens-section/ I guess the men will have to start baking the cookies then? Apparently half the female members have left.

I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?

Good Afternoon CAG Firstly i would like to thank the people that helped me in my first two issues that are now resolved you know who you are much appreciated. I have another issue that involves opos limited in 2012 i was being contacted constantly bu this company they were even harassing my employers switchboard trying to contact me. in July 2012 I was asked to attend a HR meeting with my employer to discuss informally the nuisance calls that there switchboard was receiving from Opos Limited asking for me and being very aggressive with staff, I was asked for this to stop as company switchboard was not my personal secretaries and if it continued we would be coming back for a more formal discussion. Immediately i contacted the ICO who advised me to send them a section 10 notice for them to remove my details and i did state they should correspond with me in writing, I also sent an email as well stating the same thing Everything stopped for 3yrs 5mths, Then December 2015 i received an email at work from Opos followed by harassing calls to my mobile, I once again asked them to remove my details and they were in breach of the section 10 notice sent to them in July 2012, They once again removed by details and said they would only correspond via Letter as requested. You would think this was the end sadly not Roll on March 2016 once again start ringing me sending emails to my work wouldn't stop, I contacted Opos which i am very lucky to have a call recorded on my phone which records all out and inbound calls and has been very handy in the past, I wanted to make a complaint which i was told i couldn't and they wouldn't take one , Spoke to a manager who also refused to take the complaint same time also refusing to remove my details stating they sent me a letter to an old address saying that if i do not reply to them via letter they would re-instate my details and start contacting all over again, I sent an email to Opos expressing my dissatisfaction on what was happening they responded via letter to say they would investigate my complaint and would supply me with a final response, Many weeks had past and approaching the 8 week deadline, I called them to be told it was sent out on the 27th March and still in the post, I asked if they could sent a copy to my email. Next day they started harassing me once again two calls 8.00am & 8.01am Yesterday morning i answered second time the agent from Opos was so aggressive and rude i asked to make a complaint and be put through to her manager, I explained to her manager very clearly i wished to make a second complaint in relation to the agent i had just spoken to, They once again like the first time refused to take the complaint stating they had already sent a final response and i should take it up with financial ombudsman, I explained that this second complaint is nothing do do with the first complaint and is in relation to whats happened on the call today, Once again manager refused to take complaint and hung up on me, I email Opos complaints team after this, They responded saying the manager may have be confused by what i want to do and want me to send them the complaint again, I will be refusing i have made it very clear twice on that call in great detail of my complaint so should have to do it all over again they have already sacked somebody over this the first time as you will see from final response. Now there repeating the same thing all over again Here is Opos Limited's Final Response --- I have removed identifiable contact numbers and email addresses Further to your recent communications with our office, I am concerned to hear that you have been dissatisfied with the service that has been provided. At Opos Limited we always welcome customer comments as it helps us to review our processes and where necessary put things right for you. Please note that this debt was purchased in December 2014 by Kapama Limited and as a result is now being managed by Opos Limited. My understanding of your complaint is that: 1. You were contacted by email to an employee email address which you had previously requested was removed from our systems 2. You were unhappy that a complaint had not been logged on the first occassion that you expressed you were dissatisfied In reference to the contact information we held for you, the email address of @bri was supplied during the application process for this loan, along with a second email of @live.co.uk. On the 10th July 2012 we sent an email to both of these email addresses requesting that you contact us to resolve the above balance. At this point we were acting on behalf of Mini Credit and both of these emails were supplied as a contact method for yourself. Following this, we received an email from you requesting that the contact emails were removed and that we contact you only by post. At this point we did remove all other forms of contact, which included both email and telephone numbers. We did send information to you by post as requested on three separate occasions; 19th July 2012, 24th July 2012 and 9th September 2012. This account was then passed back to Mini Credit in 2012 as we were unable to contact you. In December 2014 this debt was purchased by Kapama Limited, and the account was then reopened with Opos Limited on 16th October 2015. We again attempted to contact you by post, however had no response. As a result of this we reinstated the contact telephone number of 07 and the email addresses we had on the system, as we had no other way to contact you to discuss your outstanding balance. We spoke with you on 7th December 2015 and again you stated only to contact you by post. Our agent advised you at this time that if we had no response via post then we would reinstate other contact methods, as we had an outstanding balance to resolve with you. Again, we had no response from you by post and no payments were made towards your outstanding balance. As advised, the contact information we held for you was reinstated as we had an outstanding balance to discuss and had been unsuccessful using the contact method you had stated you would respond to. In terms of the annual account statement, this is a document we send out in line with the regulatory oblilgations set out by the Financial Conduct Authority. These were all set out by email and it was appropriate to send this to you as we had no contact from you to resolve this balance. I understand that you called in on 15th March 2016 as you were unhappy you had recieved this. Our agent did advise why this was the case and explained why the contact information had been reinstated, but at that point you advised her that you wanted to make a formal complaint. Although you did end the call, this complaint should still have been logged and I can only apologise that this was not done at that time. This was down to the human error of the particular agent who dealt with you. It is unfortunate that in this instance we have not achieved the high standards we set ourselves and can confirm that the right level of feedback has been given to the individual concerned. In addition, further steps have been taken to ensure that this cannot happen again and the individual concerned is no longer employed by Opos Limited. Feedback has also been given to the collections team using your case as an example of how human error can negatively impact our customers’ journey. For the record i did not hang up i was transferred to a manager who also started stating i could not raise a complaint backing up here colleague, So looks like they sacked the agent and not the manager even though both equally responsible, Here are some other points they make not relating to my complaint do not know why they included it since i have never acknowledged this debt and never will, The credit agreement sets out the borrower: your name and correct address, the duration of the credit facility, the amount of interest charged per day and the APR, the charges applied should you not pay back the amount in time, as well as all terms and conditions associated with this information. According to the information provided by Mini Credit at the point of sale, the default date of this accountis 5th July 2012. Unfortunately, a copy of the default notice issued to you was not included in the documentation provided but it should be noted that whilst it is good practice and should ideally be done, lenders are not required to issue default notices before recording defaults on a credit file. Because of this, I have to tell you that I am only able to partially uphold your complaint. I appreciate that this is likely to come as a disappointment to you but I hope that my explanation has been helpful in setting out clearly why I have taken this view. That said however, in an effort to put things right for you and by way of apology for any inconvenience caused, I propose to remove the debt collection fee from your outstanding balance, which will reduce Opos Limited Registered Office: 2nd Floor, 15 Meadowbank Street, Dumbarton, Dunbartonshire, G82 1JR Registered in Scotland: SC338837 Telephone: 0141 428 3990 Email: general@oposlimited.com Secure Website: www.oposlimited.com Authorised and Regulated by the Financial Conduct Authority: IP616281 Calls may be recorded for training and quality purposes your balance by £100 and leave an outstanding balance of £1,089.00. Upon repayment of this balance, this will also be reflected on your credit file. If you wish to accept my proposal as final resolution of your complaint, please complete the section on the bottom of both copies of this letter, retain a one copy for yourself and return the other to me within 30 days of the date of this letter. If you fail to respond to this offer within the given timeline my offer of resolution will not be binding and the full outstanding balance will be due. To date i am in the middle of taking my complaint to ICO as a Section 10 has no time limit and feel my data is not been processed correctly. I need somebody help me put a case together to send to the financial ombudsman, Also is what they say correct lenders are not required to issue default notices before recording defaults on a credit file Thank you for taking the time to stop by and thank you in advance for any advice you can give me as the harassment is non stop, Regards PCR

my letting agent (landlord) has issued me with a section 33 today. the reason stated on this is because i have not kept the property in a "clean and tidy" condition...i have photos that prove otherwise. There is no damage mess etc does any one know if i can do anything regarding this? i have 2 kids (5 and 7) and am worrying so much. im going to view a place tomorrow but the issue is rent in advance and deposit,the council said the DHP is unlikely to help me as they helped before with rent in advance and deposit for this place and i should get that back if my rent is up to date which it is. the issue is i have been told the landlord for my current property won't give me these until i have left the property and with the deposit she has another 30 days after the date i leave to make a claim on it. sorry for rambling but im at my wits end.

Hi can anyone help as to where I stand here please? I had a letter asking me to name the driver of my car. It was addressed to the company secretary as the the car is in my company name. My wife had opened the letter as she deals with most work post (im secretery tho). The offence was doing 40 in a 30 (dual carriage way). I keep a log of when i am in the car but generally its my wife. unfortunately I couldn't find my diary. My wife rang the police and asked for a copy of the camera photo which they sent out. The photo was very blurred and you couldn't see who was driving the vehicle. She rang the police and informed them we was unsure and that I would have to find the diary. My wife found my daughters dance dates which confirmed that she was driving. She filled out the NIP form with her details and sent them off. Unfortunately this was filled out incorrectly as it should have been me who filled out the form, but also she had put Yes to Q1 but then also filled out section B with her details. A letter was sent out to say that the form was wrong and that we would have to fill the form back out and send it off. My wife rang the police and spoke to a lady to ask why it was wrong eg, she was told that we would have have 7 days to fill the form and get it back to them, this was on Monday 15th feb. The form was filled out and emailed back the them the following Monday 22nd at midday. Around the 26th (cant remember exact date) we received another letter saying that I (well the company secretary) would be prosecuted under section 172 failing to supply information in time? My wife rang the police back and spoke to the clerk who said that we had filled late and that they had said they would only give a couple of days to get the form over, not 7 days. Can anyone shed some light as to where I stand please? Court date is next month. Kind Regards

Just a quickie...as per section 70 of the County Court Act 1984; Finality of judgments and orders. Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties. This means that you can't challenge the decision without an appeal, as far as I can make out. So if you don't like that judgement and want a better one, you can't just make an application to alter it...but you can make another application so that you have 2 judgements for the same debt? Or am I wrong? TB

After some advice and any feedback from anybody who has needed to seek a court order to have their data ceased being processed. I have issued a S. 10 notice that was delivered by hand to the director of a small company, they have so far attempted to involve a third party to put pressure on me to back off but have failed to abide by the notice. I have also sent a Subject access request which I am expecting them to ignore as well. Being a small company this could just be down to not knowing what to do etc however I am now in the position of having to decide my next steps. Has anyone pursued a S.10 notice as far as the courts ?

Hi, I'm afraid I have to go into a bit of slightly irrelevant history before I get to the point, so please bear with me! I own a freehold property that I bought in 2005 and currently rent out. I discovered two months after the property purchase completed, that although my property is freehold, there is a management company involved and a covenant in the Land Registry deeds. The management company refused to agree to the register of the title in my name, until I signed the covenant, so I had no option but to sign it. Around two years after I bought the house, the management company started to try and charge an annual maintenance fee, which I have disputed in full since they first contacted me, on two grounds - firstly that I signed the covenant under duress (although I am aware that is a case of 'caveat emptor' and it may be deemed that I should have been aware of what was in the deeds). The second ground is that the management company have not provided me with any tender documents or invoices for any work carried, despite repeated requests, and the management company's fees represent more than 50% of their annual expenditure. Despite the fact that I have disputed their invoices in writing on numerous occasions, they have passed the debt on to a third party, Property Debt Collection Ltd, who have disregarded, or failed to understand the nature of my dispute, and it is they who have now served the Notice in the thread title. They claim in the accompanying letter that they will commence possession proceedings if the amount remains unpaid; have added a £650 preparation fee to the outstanding sum (disproportionate for a two page Notice, surely?); and refer to an estate rentcharge, which I don't believe this is. They also state in the Notice that they intend to enter the property and take the income thereof. I have tried to research this Section of the Act online, but I am struggling to find out firstly whether this is even the correct Notice as the charges are estate management charges and not a rentcharge, or whether thay can take any action such as their threat to enter without a Court order? I have read of a charge being added to the mortgage under Section 123(4) but I don't want my mortgage company to pay a disputed debt. I would actually be happy to go to court as I would like the opportunity to put my defence! I should also comment that I work in residential lettings, so I am relatively familiar woth most legislation, but this is a new one on me! Any advice would be gratefully received.

My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf

I am a freeholder with a covenant to pay for the upkeep of communal facilities - which is shared with other freeholds and leasehold flats. My Transfer (TP1) does not have an annexed 'right of entry' clause. The service charges are regarded as estate rentcharges (although not explicitly stated in the transfer). I have very good grounds on disputing the service charges, for which I would actually like to the County Court to make a judgement. The management company employed a solicitor firm a few years ago to threaten me into paying all costs. I paid for costs that I thought were reasonable, which they did not accept as a settlement. I expected a county court summons - instead nothing happened for a couple of years and now the management company have employed another solicitor firm. I've asked the new solicitors to go to the county court for a judgment. Instead, they've decided to approach my mortgage company based on section 121 of the Law of Property Act 1925. I understand that under this law, the management company can take possession of my property only to recover the cost of the rentcharge. However, my dispute is that that I have not broken the covenant as the costs I'm being charged for are unreasonable. The solicitors wrote the mortgage company saying that "under section 121 of the Law of Property Act 1925, to obtain possession a County Court Judgment is not required... if payment is not made within 14 days, we will enter into possession without any further notice". My mortgage company has told them that they won't be taking any action (at least for now) and for me to contact he solicitors to sort out the issue. I'd be really grateful if someone can clarify how they can enter possession without a County Court Judgement?

Can someone please offer me some advice on ths matter please, i have some registered defaults on my credit file from credit card companies for the last 3 years, i am in a dmp with payplan with who i make a token payment to all companies as i am unemployed. I have written to all card companies asking for my cca, some have replied that they cannot find any paperwork and that the account is unenforcable, and others have said they cannot find the cca and will suspend payment to the account until the cca is found. 1, what is the position on this, do i carry on paying them or just stop until they find the paperwork,if they ever do? 2, if they dont get back to me until after the 6 year time period for the defaults has elapsed, and the defaults are removed , what then? 3,if i was to be given a cash sum to make an offer of a f+f payment to all is there any benefits to pay them off now,before the 6 years, if accepted, or just keep paying the token payments until the 6 years has passed and defaults are removed anyway, am i still liable to keep paying after the defaults are removed, until the total debt is repaid, as at this rate it would take me 25+ years to clear with the token payments, i make to them. THANK YOU FOR ANY ADVICE ON THIS MATTER

this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. .

We've been served our Section 21 notice, 4 months into a 6 month contract. The reason ... they claim we're "not happy in the property". However, we found several leaks through the roof, one through a ceiling in a bedroom and the main bedroom had mold growing on the ceiling. I informed the landlord of this, they got a professional roofer out and he told them it needs a new roof. They get 3 other quotes and get told the same thing by each of them. During a phone call, she claims the roof didn't need replacing and it was my fault! I had used a brush to brush off the moss from the roof, the previous tenant had paid to have the other side fully cleaned off, oddly both leaks were on that side of the roof! Anyway, you get the idea. My question is; our tenancy runs out on 15th July, we've found somewhere but can't move in till 21st July, 6 days. I have a feeling the landlord would be a complete [something not overly polite] and refuse us. Question is - if we pay the 6 day difference and stay anyway, can she do anything about it? Takes weeks to get it all taken to court anyway I believe. They may just be agreeable, but covering my back just in case we have to make other plans...

Hi all, is there a section where I can ask buy to let questions? I don't really see anything suitable except for maybe the banking section.

Hi The tenant has always been a poor payer. In 2013 at the end of their lease my agent served them with a section 21 notice, however they convinced me that they would improve. This they did. sort of. However mid 2015 payment became very sporadic and I found myself asking my agent to chase rent virtually every month. Eventually in October last year I had had enough and asked him to start proceedings as they had just flatly stated they were not going to pay. On reviewing the file, prior to taking it to court, i noticed that he had relied on the original notice(the one he had given them in 2013) and just given them 2 months notice just via a letter from the 17 of October 2015. I am concerned that. due to the requirement for the form of the 21 changing last year, he has made an error. In that the new type notice should have been sent in October 2015 befor I can apply for possession. Can anyone advise please.

It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA. Well section 69 certainly does not say that. Now I know people will say yes but look here The County Courts (Interest on Judgment Debts) Order 1991 This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???

Group, I’m seeking help / advice on section 35 of the DPA 1998 Act: 35. Disclosures required by law or made in connection with legal proceedings etc. (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court. (2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— (a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or (b) for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights. Could someone please advise if sub-section 1 above could be applied as follows ? If a creditor does not respond to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the information and if they continue to withhold the information then a court order could be sought to enforce the SAR which the creditor must comply with or else confirm they do not have the information ? I hope this makes sense – any help / guidance would be appreciated. Many thanks.