Tent thread

Jowo_2

Dear Suzy and Jeremy,

Thank you for your invitation to join your web chat this bank holiday weekend, Friday 27th August at 8pm. Unfortunately I cannot attend as you believe that it isn't the quality of a legal argument that counts but how loud you shout, and therefore I shall be spending the time drinking gin and tonic.

Yours sincerely,

Jowo

RecoveringAlcoholic

Dear Suzy and Jeremy,

Many thanks for your kind invitation. We will be at your house around 7 p.m. on Friday.
I have taken the liberty of also inviting [STRIKE]75 [/STRIKE]several of my Brighton and Hove AA and NA friends. Many of them have experienced homelessness in the Brighton and Hove area and I am sure that their experiences will be of benefit to your group.

mynameisdave

Dear Suzy and Jeremy

Thank you for your invitation to join your web chat this bank holiday weekend, Friday 27th August at 8pm. Unfortunately I cannot attend as I will be watching A Place In The Sun on Channel 4. It is featuring a couple who are looking to buy in East Sussex or Ferrara and promises to to be very exciting and offering all you could even want to know about buying abroad.

Yours Sincerely

Dave

Brb

I wonder if Carmen has set up a postal redirection.

Pr1madonna

Dear Suzy,

Sorry but I won't be able to attend your webchat on Friday as I've spoken to a lawyer and I'm worried about becoming an accessory after the fact.

Cheers and good luck, you're on your own now, Jeremy

dopester

Suzy Carlita Butler As Vicky has kindly pointed out, all the questions you shout out have been answered and I'm sorry Alan and co, but my time cannot be wasted going round and round in circles!
Like I said previously...I was hoping to relocate to Spain which is... why i extended the contract to ensure it didn't terminate whilst abroard! We were launching a charity campaign out there. Hence why I didn't issue a sec 21! TBF a months arears I understood completely. on the 2nd month I realised there was an issue and got legal advise. The section 8 is the accelarted way to get your home back. My child starts school next week. That was my priority. The contract has a clause of a £15 a day late rent fee we both abgreed upon when originally signing...do the math. I am still waiting for the deposit to be returned by the deposit scheme. I had to pay on occassion for places to stay whilst paying my mortgage with no rent being paid to me. Legal fees etc have not even been included.
I believe all this has been answered many times now. Hope it's all clear and you can now move on, realise it was all above aboard and move your frustration and obvious distrust of good people elsewhere and let us focus on trying to change the law to allow primary homeowners a speedier eviction process. 2 months in arears is fair, but then waiting months and months is not. Simple. Have a great day and thanks for your comments, hope this helps and you can make time to watch ALL the media footage, read all the articles and radio reports and my statements so you can see we have been open from the start and things were followed legally. See more
31 minutes ago

Is that legal? It might be in the contract but I distantly recall such penalties, where you can charge them, are capped. Could be wrong though.

Anyway that is obviously part of how Suzy Butler has calculated extra money of what she thinks Carmen Butler owes.

tiny_tear

Dear Suzy
Please learn how to spell next time you post in this Facebook group or you risk embarrassing us even more than we already are. If it's really that hard, copy the text into Word and use a spellchecker.
Thanks
Jeremy

Brb

dopester wrote: »

Is that legal? It might be in the contract but I distantly recall such penalties, where you can charge them, are capped. Could be wrong though.

Anyway that is obviously part of how Suzy Butler has calculated extra money of what she thinks Carmen Butler owes.

Directly quoting OFT

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

3.46 We regard a requirement to pay unreasonable interest on arrears of rent, at a rate substantially above the clearing banks' base rates, as an unfair penalty. We regard the imposition of a fixed daily or monthly charge for overdue rent, and regardless of the amount due or the surrounding circumstances, as being penal rather than compensatory in nature, and unfair. Tenants would have to pay more than the cost of making up the deficit caused by their default.

Biffa

dopester wrote: »

Is that legal? It might be in the contract but I distantly recall such penalties, where you can charge them, are capped. Could be wrong though.

Anyway that is obviously part of how Suzy Butler has calculated extra money of what she thinks Carmen Butler owes.

Quite honestly, I think you can write what you want into a tenancy agreement - it doesn't make legal though.

tbs624

dopester wrote: »

Is that legal? It might be in the contract but I distantly recall such penalties, where you can charge them, are capped. Could be wrong though.

Anyway that is obviously part of how Suzy Butler has calculated extra money of what she thinks Carmen Butler owes.

See the relevant guidance from the Office of Fair Trading:

oft356 "Who decides what is an unfair term?
Only a court can decide if terms are unfair. One thing a court won't look at is a term stating the rent - provided it is written in clear language. But other terms may be unfair if:

• it makes you pay an excessive interest rate or extra penalty charges for latepayment of rent

Source : http://www.oft.gov.uk/shared_oft/consumer_leaflets/general/oft381.pdf

Group 5: Financial penalties – paragraph 1(e) of Schedule 2
Unreasonable interest and charges

Unfair terms
Interest will be charged on any outstanding arrears on the first of each month (the same to apply after as well as before any Judgment) of 3 per cent, per calendar month.

Unpaid rent will carry interest at 15% per annum...

A charge of £3.50 per day plus VAT shall be levied and fall due each day the account is in arrears. This is calculated from the next working day after the date that the funds were to be received until all arrears, including but not limited to letter charges, administrative charges, arrears management charges, interest and all fees levied in accordance with the tenancy agreement have been settled, ie: upon the clearance of funds.

Way of revising terms
To pay interest at the rate of x per centum per annum above the base minimum lending rate of [name] Bank on any rent or other money lawfully due which is in arrears for more than fourteen days after the day on which it became due.51

51 In this example, x is an interest rate that reflects a genuine pre-estimate of the reasonable costs that late payment by the tenant will cause the landlord to incur."

Source: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf


Perhaps that 15 quid per day was just a random figure that popped into Ms Butler's head?