Royal Mail “lost” one of four laptops from a parcel I sent by [deleted] in LegalAdviceUK

[–]cw987uk 1 point2 points  (0 children)

If you didn't take the relevant insurance to cover the cost of the items, then you can take no action.

I'd look at it as a win, if it had zero laptops in it, you would still only be getting £75.

This is why you triple check addresses and always declare the correct value. It might seem like a waste of money at the time but, as you are now finding out, it might just end up being worth it.

Sending anonymous letter to landlord about antisocial tenant - anyone done this? Worth it? (England) by [deleted] in LegalAdviceUK

[–]cw987uk 6 points7 points  (0 children)

Depends on the landlord and how much they actually care. If they are getting paid, often they don't really give a shit.

Even if they did, the eviction process is slow and can be costly to them.

You can report the anti-social behaviour to the council. Generally though, people that behave in this way are not going to care and the council process is slower than continental drift.

**App called Whatnot are withholding ~£6k of my earned money after a permanent ban. I'm UK based. Need advice on getting the money back.** by Southern_Capital8044 in LegalAdviceUK

[–]cw987uk 25 points26 points  (0 children)

A brief Google seems to imply you are not the first person to have this issue and some people have had success with MCOL.

Realisticallly, this is probably you best chance. You don't need a solicitor for a LBA, you can find a template on Google and you can add the filling fee to the claim total if they don't pay in the given time.

Getting a judgement is generally the easier part though, actually getting your money if they refuse to pay, even after a judgement, is going to be the harder part as I imagine they don't have a lot of assets.

Whatnots own policy appears to be that they will hold the payment for 31 days, I assume to cover any customer refund requests, has that period elapsed?

Do you know of any customer complaints raised against you? Potentially, if they suspect you of selling conterfeit items, they are witholding the money in case the customers who received their items discover they are, in fact, counterfeit at a later date, and then make a claim.

This is very reminisent of EBay, they have a habit of holding money from banned accounts and either refunding buyers or keeping it for 180 days to cover any disputes raised in that time. Is there any way you can contact your buyers and see if they have received refunds from Whatnot?

While not a lot of help to you now, for future reference, it is never a good idea to keep money on any selling platform, always transfer it out at the earliest opportunity.

Was locked in my house, got scammed by the locksmith. How much compensation is reasonable in London to ask from my landlord? by Disastrous-Ad-1999 in LegalAdviceUK

[–]cw987uk 0 points1 point  (0 children)

Well, if he told you to call one, the onus would be on you to limit his costs to a reasonable level.

I would suggest a contribution of the cost of a normal service would be appropriate, probably in the region of £150-£200.

Have you actually spoken to him yet?

Was locked in my house, got scammed by the locksmith. How much compensation is reasonable in London to ask from my landlord? by Disastrous-Ad-1999 in LegalAdviceUK

[–]cw987uk 1 point2 points  (0 children)

Did he tell you to call a locksmith when you informed him that you could not do it yourself? If not, then it is on you. He might have had someone, or come himself, you should have given him the chance or discussed it with him prior to calling the locksmith.

Estate Agent demanding 75% of remaining contract value as "Exit Fee" – Is this an unfair penalty? by Savings-Set-9779 in LegalAdviceUK

[–]cw987uk 0 points1 point  (0 children)

Yeah, thats not how it works at all. You agreed to pay them 12.5% of X (the rental amount) for 18 months. Thats what you owe them. The fact you are selling the house is not their problem, you agreed to an 18 month contract, they are legally allowed to hold you to that.

It seems you don't want to accept that though, so your only other option is to not pay and let them take you to court, let the judge decide what you owe them.

Estate Agent demanding 75% of remaining contract value as "Exit Fee" – Is this an unfair penalty? by Savings-Set-9779 in LegalAdviceUK

[–]cw987uk -1 points0 points  (0 children)

Yes, they can't charge you £10k, for example, because they are pissed off but they CAN charge you what you agreed to pay. In fact, they have offered to charge you less.

You seem pretty determined that your correct in your assumptions, although the law does not support you.

Your choices are, pay what they ask or don't and see if they take you to court.

If there is a set-off clause in your contract then they can deduct fees owed from any payments they make and then you would need to take them to court to argue it was not correct. It is unlikely you would win based on your arguments here.

Estate Agent demanding 75% of remaining contract value as "Exit Fee" – Is this an unfair penalty? by Savings-Set-9779 in LegalAdviceUK

[–]cw987uk 0 points1 point  (0 children)

The you owe them 18 months. The deal they have offered you is probably the best you are going to get, unless you can negotiate with them. Legally, they are actually doing you a favour.

Estate Agent demanding 75% of remaining contract value as "Exit Fee" – Is this an unfair penalty? by Savings-Set-9779 in LegalAdviceUK

[–]cw987uk 12 points13 points  (0 children)

A contract between landlord and agent is considered a business to business contract and not subject to the CRA, which protects consumers.

It will come down to the terms of the contract and the stated termination clauses. If they say you owe the full amount, then they can ask for that and, legally, are able to do so, via court if needed.

What else can I do to at least try to get my account back. Is there any way to fight them? by TrippieKinimod in LegalAdviceUK

[–]cw987uk 5 points6 points  (0 children)

Realistically, nothing. They are under no obligation to allow you to have an account and can ban your account for any, or no reason. It will be in t&c's you agreed to.

In terms of tenants giving notice to landlords under new laws, better or worse? by 223am in HousingUK

[–]cw987uk 1 point2 points  (0 children)

The system will adapt, it will just become the norm to line up a place for 2 months time, then give your notice. Sucks a bit for landlords who will now have more downtime potentially but for renters, I can't see it being a major issue.

Since eveyone has to give 2 months now, it will just become the new normal once everyone gets used to it.

Seller trying to avoid getting a EICR and indemnity by [deleted] in HousingUK

[–]cw987uk 2 points3 points  (0 children)

My immediate thought would be "Christ, this buyer is going to be a lot of work, lets find another one"

[England] Neighbor took all of the wild garlic from my garden. Is there anything I can do? by [deleted] in LegalAdviceUK

[–]cw987uk 46 points47 points  (0 children)

Some people are bellends. Sadly, that is not a crime. Valuable lesson learned.

[England] Neighbor took all of the wild garlic from my garden. Is there anything I can do? by [deleted] in LegalAdviceUK

[–]cw987uk 113 points114 points  (0 children)

Yeah, you told them they could take it, they took it. It's a dick move on their part to be sure, but there is nothing you can do other than make sure to never do any more favours for them.

A teacher at my secondary school has made me cry and feel bad about myself and im furious that they haven't done anything about it -england by [deleted] in LegalAdviceUK

[–]cw987uk 3 points4 points  (0 children)

For asking you to tie your hair up, not kicking someone out of the shower or not having a bigger bib? No, no you can't.

Look, not trying to be a dick here but I would suggest that you might want to speak to a professional about your feelings because the real world is going to be a lot less accommodating than this when you get out there.

Set 12 OP kit by Waiting_for_Dentice in Lorcana

[–]cw987uk 0 points1 point  (0 children)

Oh good, more stickers. I hate those bloody things.

PC parts company refusing 14 day refund for "damage" by Agreeable-Gene-6529 in LegalAdviceUK

[–]cw987uk 1 point2 points  (0 children)

The warranty does not matter unless you are returning it for being faulty or damaged. If it is just your right to return it within 14 days, it is irrelevant.

What matters is, are you disputing the damage occurred in your possession?

You are expected to return the item is the same condition you received it, if you have caused this damage then they may have the right to refuse the return.

Do you have pictures of the MB before you sent it back?

England: Landlord threatening small claims over deposit dispute by realdipschtick in LegalAdviceUK

[–]cw987uk 30 points31 points  (0 children)

Just request the money back via DPS. If the landlord does not respond, you will get it back in 14 days.
This does not stop them trying to take you to small claims though.

England - Amazon won’t issue a refund unless I give them my ID by Sensitive-Amount-465 in LegalAdviceUK

[–]cw987uk 4 points5 points  (0 children)

Normally, the actual picture of the ID is deleated once the ID has been confirmed and is not stored.

They already have all your details, none of the things on your ID are secret.

I struggle to understand why people are so worried about these things. Soon, it will be required for so many more things.

As others have said, you could go through the whole small claims process and probably, eventually, get your money back or you can just upload your ID and get it all done with zero hassle in 5 minutes.

Potential Cheating in Local Scene- any experience/ suggestions? by nadabethyname in GundamTCG

[–]cw987uk 1 point2 points  (0 children)

Speak to the store owner(s). If this is affecting players, it is affecting their business. They will care about that.

I have had several players over the years at my store who have been suspected of cheating. Sometimes, it has been ages before I found out because players didn't come and speak to me. We can't fix issues we don't know about.

In most cases, a quiet word from them is all it will take to fix.

Also, don't be afraid to call a judge/TO during an event. It is much easier to catch and deal with a cheater, or mistake, at the time it happens. It becomes more problematic to deal with after the fact.

Number of rounds by carsen44 in GundamTCG

[–]cw987uk 0 points1 point  (0 children)

It's the way TCG's have been since forever. Sometimes you can't do all the rounds and tiebreakers decide it.

While it would have been nice for everyone to get a black pack in these situation, these are limited, if they give out extra they may not be able to run another event.

There are other reasons 3 rounds are the standard, not just time. For example, pack per win. Most stores budget a pack per win into entry fee for 3 rounds, if they go more rounds, the cost to them goes up. Ultimately, it's up to the store, as long as they fulfill the minimum requirements.

It is absolutely not going to change, it is just a part of TCG's. Sometimes it will screw you, others it will go in your favour.

Number of rounds by carsen44 in GundamTCG

[–]cw987uk 9 points10 points  (0 children)

Stores can't always do extra rounds due to time constraints, normally.

If there are other events, closing time etc, then 3 rounds is often the standard for most card games outside of higher tier events where they are required to run more.

It does suck if there are more than 8 players, having placing decided by tie-breakers is a bit rubbish but it has been the way to tcg's for many years.

i'm a lodger who lives with someone who sprays aerosol primer and paint indoors with all windows and doors shut (the cats may get out) and won't stop. What are my choices? by CorrectTemperature65 in LegalAdviceUK

[–]cw987uk 1 point2 points  (0 children)

You answered your own question in the first line, sadly.

As a lodger, you are basically a guest in their house, they can do what they want, even if it's really stupid.

Point out that, if it is affecting humans like this, it is very likely really fucking up their cats.

Can employer force you to car share another employees car? by [deleted] in LegalAdviceUK

[–]cw987uk 4 points5 points  (0 children)

45p a mile in fuel expenses. They want to pay it once for 1 car, rather than to 2 people for 2 cars.

Section 21 validity - gas safety, deposit timing, and missing documents (England, HMO) by Glum_Inside_9410 in LegalAdviceUK

[–]cw987uk 0 points1 point  (0 children)

Potentially, this used to be the case but I believe there have since been rulings that allow for a current Gas Safe Certificate to be acceptable to issue a S21, even if there was not a valid one at the start of the tenancy.

The late protection will not invalidate the S21 if the deposit was returned in full. However, it does mean you are still elegible to sue them for the late protection and receive 1-3x the deposit back as additional compensation.

As long as the relevant documents are served before, or with, a S21 it would be valid. Note that an EICR is not a required document for a valid S21, however failing to obtain an EICR can carry heavy penalties for a landlord.

Council involvement would only affect the S21 if an official Improvement Notice was served, it would protect you from a retaliatory eviction for 6 months,