Hamish McBloggs

Registered with Property118.com
Tuesday 22nd March 2016


Latest Comments

Total Number of Property118 Comments: 116

Hamish McBloggs

20:08 PM, 4th August 2018
About 2 months ago

I know where the tenant has gone, can I use the info?

Reply to the comment left by Hamish McBloggs at 04/08/2018 - 19:59
Oh yes, and er.

McGuigan Estate Chardonnay is still £5/bottle @ Sainsbury.

Obviously they got a job lot

I'm not on commission it's an ok wine and just nice chilled on these balmy evenings.

Hic... Read More

Hamish McBloggs

19:59 PM, 4th August 2018
About 2 months ago

I know where the tenant has gone, can I use the info?

Well, I promised to report back.

This shouldn't be celebrated. The whole system stinks.

I didn't bother with a tracing agent in the end and took 'a flyer' regarding the address. Could have been an expensive mistake but 1 day before the expiration time for a response, the claim was defended. I had therefore got the address right.

The defence was not coherent or truthful (my view) and included accusations which I read as positioning for a counterclaim to attempt to set aside some of the debt.

I declined the opportunity for mediation as I had previously, (before initiating the legal process), been told various things in no uncertain terms (emails in block caps). I had also asked directly on several occasions the tenant propose a trusted friend of theirs as a go-between. Offers declined with either silence or more capitals. So mediation would have been pointless even after time to think since departure. I was not contacted to say that mediation was being sought.

I paid the hearing fee and created a detailed witness statement to support my claim. I responded to every point in the defence statement with evidence. I always keep very detailed records. I provided every single email, facebook post, text and sought records from the mobile service provider, rent statements, agreements, letters, receipt .... nothing could be taken out of context.

I submitted the documents to both court and ex-tenant with at least 14 days to the hearing.

I heard nothing further from the ex-tenant.

I called the court the day before to confirm all is going ahead. In the past, evidence from the other side has only been sent to the court and not me. I have turned up to court to find letters have been sent to the court to state that there would be a no-show as there was absolutely no possibility of a defence against the evidence. More spectacularly, a landlord friend had letters sent 'from the landlord's solicitor' once changing the date for something more urgent and later another terminating the claim.

At the hearing I was on my own. A no-show and no further evidence to support the defence.

I didn't want 'my day in court'. I wanted the Judge to chair an exchange of evidence and challenge both parties then come to the right decision. I wanted errors to be corrected and instruction to be given ... to both of us if necessary.

So where are we now?

An ex tenant who can appeal or counterclaim. I won't settle.

if there is nothing further then it's a CCJ and a more difficult future.

With a CCJ I could make further attempts at recovering some money; perhaps by an attachment of earnings. If they attempt to disappear again I could trace them and attempt to bankrupt them; something which may be intolerable to an employer and therefore leverage.

I can add the cost of any further tracing etc. I can charge interest.

Is this the result I wanted?

Pragmatically, I lay significant blame at my own feet. I was too trusting. My investigations uncovered a debt laden wake. It is not for me to judge the whys or wherefores of this information which is not directly relevant to my specific case in anyway other than it set the initial conditions for this tenancy. Initial conditions that were kept from me. It would seem previously others opted for the cheaper (personally and financially) shrug of shoulders and move on method of dealing with the loss as there were no recorded judgements at previous addresses. A clean record.

However, when I combine my newer knowledge with the increasingly appalling attitude of the person toward me and their treatment of me I bristle. I was effectively given a defiant middle finger and told to suck it up. Apparently I can afford it.

Therefore I hope that my taking an (expensive) stand where others could have before me I will provide a searchable record of debt and begin to bring to a halt to any methodology whether intentional or accidental. Whatever is going on must be stopped.

Sadly there are consequences for future tenants too; 99% of whom are probably really nice people. All phone conversations are now recorded. I am contemplating a body camera like those used by Councils to defend against false accusations. There is zero latitude when looking at the referencing results. Deposits in full, no incremental schemes. If there is a single hint of any objection to any requirement then all bets are off. They will write to me before making any changes. If there is a hint of self entitlement then all bets are off. If I don't feel I can get on with the person then its no go.

All humanity is removed and I will always begin from a position of zero trust from now on.

There are no winners.

Hamish... Read More

Hamish McBloggs

20:08 PM, 24th July 2018
About 2 months ago

I don't think I need to be concerned about GDPR

Reply to the comment left by Ian Narbeth at 24/07/2018 - 11:15
Ian,

I completely understand the quid quo pro.

And am familiar with that blog.

'The operation of the register is not impacted by the introduction of the GDPR. As the registrar is required by the Companies Act 2006 to make information on registered companies available to the public, she is entitled to rely on the following exemption to GDPR which is contained in paragraph 5 of Schedule 2, Part 1 of the Data Protection Act 2018'.

There's no 'consent' required.

I guess that until until someone important has a couple of masked men knock on the door late at night things won't change.

I will continue my argument with CHS by gathering the personal information of CHS people using CHS resources and writing to them to point out the issue.

Until then, every time someone opens another phone account or bank account in my name I will have to waste the time of Action Fraud. You our tax.

Oh yes, documents before 1 Jan 2003 can't be amended.

Hamish... Read More

Hamish McBloggs

10:01 AM, 24th July 2018
About 2 months ago

I don't think I need to be concerned about GDPR

Reply to the comment left by Mike at 23/07/2018 - 18:17The response Companies House stated that if I believe that I am at personal risk then I can apply to have personal information removed. If the application is successful then it's £55 per document.
'Only documents registered with us on or after 1 January 2003 can be amended'
I was a victim if ID fraud 2 years ago. Transcription errors made by Companies House themselves meant I had the wrong DOB. This is how I know the data dame from CHS. I haven't corrected their mistake.
So, let's play 'Hunt the signature'. Double points for a personal address. A game that can be played from any internet café in any country outside UK law.
'I am sorry to send a disappointing reply, but hope I have clarified the registrar's position and the legal framework within which we must operate'
I call it controlled flight into terrain.
Hamish... Read More

Hamish McBloggs

12:15 PM, 23rd July 2018
About 2 months ago

I don't think I need to be concerned about GDPR

Reply to the comment left by Mike at 23/07/2018 - 11:44
I sent this ...

Dear Sirs,

I have 1 request and 1 question.

REQUEST

My personal data is available for ID theft.

Please make my data unavailable.

Please withhold my data from casual theft. I do not consent to its public availability.

QUESTION

Companies House publish my data.

I was not consulted when changes were made by Companies House to make data free for casual browsing.

I do not consent to my personal data and non-redacted signature being freely available for ID theft.

To illustrate my point I attach Sir Peter Osborne's signature.

Why are Companies House exempt and fall outside GDPR the rules I now abide by?

Love and kisses

Hamish... Read More