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lodgers dad trying to recover rent

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  • #16
    Re: lodgers dad trying to recover rent

    Originally posted by seduraed View Post
    The father claims to have a written authority to act .
    Then you will require him to produce it. Needless to say, the son would be also required to attend court and to testify in person that the 'authority' was genuine, and that there had been no duress.

    Comment


    • #17
      Re: lodgers dad trying to recover rent

      Originally posted by seduraed View Post
      In answer to the questions posed . There was a thrity day cancellation clause and I recieved the notice in writing . The advance payment I always take has been refunded and the check cashed . The son moved out on the friday defore his teanacy expired on the saturday night and I re-let the room on the saturday afternoon with the tenant moving in that evening . (hasving previously viewed it ). The father claims to have a written authority to act . I am advised that under the courts act 2006 to issue a money claim the claimnt either needs to be a solicitor or hold a power of attorney . The father claims to have an authority to act but I have never seen this . The lodger was definitely ill he was admitted to hospitasl from my house by ambulance two days after moving in and required emergency surgery for appendicitis.
      My contact has said the the son is now fully recovered and will be returnnig to unversity in th autumn.


      If the advance payment has bee refunded, the tenancy terminated in writing as per the 30 day cancellation clause and the teancy has expired, exactly how much is the father trying to claim back and for what reason?

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      • #18
        Re: lodgers dad trying to recover rent

        iI am attaching all the corrrespondence recieved so far . Any comments on what to do next would be appreciated .
        Attached Files

        Comment


        • #19
          Re: lodgers dad trying to recover rent

          I can't read the letter when I click on the thumbnail; it's too small and blurry.

          When I download the .TIF file I just get the final two and a half paragraphs.
          None of my posts constitute any kind of legal advice. I do not accept any liability whatsoever resulting from anyone reading and/or acting upon the contents of any of my posts. Always seek the advice of a qualified and insured lawyer.

          I have a first-class LLB (Hons) (law) degree and I continue to research the law for my own pleasure. This does not make me an expert in the law. I make mistakes, just as we all do. My posts are made in good faith, but anyone relying upon the accuracy of my posts does so purely and entirely at their own risk. I do not accept any responsibility whatsoever, for any detriment of whatever type or nature, resulting from any person(s) acting upon the contents of my posts.

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          • #20
            Re: lodgers dad trying to recover rent

            Originally posted by seduraed View Post
            iI am attaching all the corrrespondence recieved so far . Any comments on what to do next would be appreciated .
            From what I can see on the second page of that letter he says he intends to claim on his (son's) insurance for his perceived loss. In which case he doesn't need to take you to court does he :doh: If the insurance company wishes to subrogate its loss by chasing you for the money it pays out to him it can write to you direct and you will happily provide them with the contract as evidence.

            Maybe the insurance company has rejected his (son's) claim and he's trying it on with you. I'd call his bluff
            Last edited by PlanB; 28th February 2013, 21:12:PM. Reason: clarified son's insurance not his

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            • #21
              Re: lodgers dad trying to recover rent

              Or is he saying that he has his own legal expenses insurance to cover the cost of any legal fees he incurs as a result of taking you to court to get back the rent (which he owed!), in which case he hasn't understood the concept of legal expenses cover. Normally if you claim under those policies the insurer takes over the claim and the insured steps back.

              Also since he's talking of suing you for £600 the proceedings would be in the Small Claims Track so the court wouldn't order you to pay his legal costs even if he won. His insurance company will know that.

              I still think his insurer has turned him down and he's having a go at bullying you into paying
              Last edited by PlanB; 28th February 2013, 21:13:PM. Reason: clarified Dad's insurance is different from son's

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              • #22
                Re: lodgers dad trying to recover rent

                thanks guys I am having terriblr difficulty in attachuing files from the scans and cant cut and paste them . when i go the advanced tab select the file and press the opload button the window goes completely whitte . ans suggestions as to the problem ? .

                Comment


                • #23
                  Re: lodgers dad trying to recover rent

                  It's a b****r isn't it? Hope someone does know how to overcome this because you aren't the only one!

                  Comment


                  • #24
                    Re: lodgers dad trying to recover rent

                    so glad about that I thought it must be my machine .

                    Comment


                    • #25
                      Re: lodgers dad trying to recover rent

                      Where's a TURBOMAN when you need him?

                      Comment


                      • #26
                        Re: lodgers dad trying to recover rent

                        Originally posted by seduraed View Post
                        thanks guys I am having terriblr difficulty in attachuing files from the scans and cant cut and paste them . when i go the advanced tab select the file and press the opload button the window goes completely whitte . ans suggestions as to the problem ? .
                        It may be the wrong format - check that first - let's just hope a real sheepdog comes along

                        Comment


                        • #27
                          Re: lodgers dad trying to recover rent

                          Originally posted by MissFM View Post
                          It may be the wrong format - check that first - let's just hope a real sheepdog comes along
                          What's the problem?

                          If you want to post a thumbnail, you'll probably need to attach a JPG or JPEG
                          Attached Files

                          Comment


                          • #28
                            Re: lodgers dad trying to recover rent

                            The claim being made is as follows
                            1. Interest on Deposit (it's stated in the contract that no interest is payeble in the advance contract ) £418
                            2. one months rent from 25th of october when the father claims we breached the contract by allowing someone else to use the room .Not true and I have witness to that effect. Although I did put some packing boxes in the room for a day or two. The bed got stripped , I suspect by a small child who was visiting that weekend She has learning difficulties and copes with stress by throwing her bedding around. I spoke to the child's mother who confirmed that the girl had been in the room .
                            3. interest again £4.62
                            4. Postage (all the letters have been sent signed for £156.70
                            5. Laundry of a pillow case that had fallen out of one of the packing cases . ) £10
                            6. Loss of sleeping bag ,not there when goods were collected. £42.

                            My own view is thT HE'S TRYING IT ON . tHERE,S BEEN NO mORE TALK ABOUOT HIM CLAIMING ON LEGAL EXPENSES ,
                            Last edited by seduraed; 3rd March 2013, 18:58:PM.

                            Comment


                            • #29
                              Re: lodgers dad trying to recover rent

                              How many letters had he sent you?

                              Comment


                              • #30
                                Re: lodgers dad trying to recover rent

                                5 by post one additinally to my wife and one by hand

                                Comment

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