IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Gladstones court letter please help
Options
Comments
-
https://ibb.co/b6jMg8
That sign is poor.
1) the £100 fee is not prominent.
2) charging an extra £5 if paying by credit card is not allowed.
3) an 0845 telephone number for 'post contract enquiries' is not allowed.0 -
dependent on the outcome of this case (and the others) you will be taking the estate agent to court to recover your costs
the estate agent should be called as a witness in your case
if he states in court that parking was provided , you walk , if he states that no parking is provided , you sue the %^&* off him in court at a later date0 -
Thank you Keith
Can you please direct me to a place with a template to use for the defence, then I will post it here? Also when I mention the points you gave, do I need any evidence or law to quote from? Or can I just state the same way you did that they cannot charge the £5 nor use an 0845 number.
Other points if you could guide me, do you think they're valid?
a) The claimant’s notices attempt to make a forbidding offer, which isn’t an offer at all, therefore no contract exists.0 -
The problem is none of his guarantees that we will have parking were in writing, he said it on the phone 3-4 times and confirmed. Now that guy has left the company too.0
-
-
Yes unfortunately ...
Can someone guide us to a template for our defence please?0 -
The template will depend on not what was said but what was written down, Is there anything in print or a letter or an email that indicates parking was included. If so the defence is "estoppel"0
-
Unfortunately we don't have anything at all written about parking, it was said in person and on the phone when we had viewed the flat.
Do we have a case just by mentioning how the parking sign is unclear, and could someone guide us on which template to use for that please?0 -
Unfortunately we don't have anything at all written about parking,
You can still claim "estoppel" but it is more difficult to prove and will come down to the credibility of the parties. Put it in as 'you were led to believe verbally (estoppel)' and then explain what happened when you found out the promise was not true. That then splits the problem between tickets you had when you thought you had parking, and tickets you got when it was made clear (by the tickets) you didn't.
You might also want to build on the above using a "stop-loss" approach and admit to x number (after you were made aware) but refute the others that were issued when you thought you had parking. This then reduces your exposure to the total sum and gives you room to challenge costs / mitigate the total to be paid.
It's not a common approach here and it tends to be all or nothing using a template which may or may not work.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards