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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11652
Experience:  Dual qualified Solicitor and Attorney
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I believe I have been the victim of direct discrimination

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Hello, I believe I have been the victim of direct discrimination based on race. I wanted to take the matter to court but was advised I should go through the company's complaints process as a judge would ask and it wouldn't look favourable if I hadn't. This incident occurred in November and I have been undergoing their complaints process since. I have been told I have 6 months to take the matter to court however since I have been engaged in their complaints process for all this time, can I still take the matter to court? Thanks
JA: Where is this? It matters because laws vary by location.
Customer: This was in Crawley, West Sussex.
JA: What steps have been taken so far?
Customer: I complained to the company, they told me that they did not make the decision and directed me to the reference company, who told me they don't make decisions they only collate information and it's the landlord or estate agents who make the decisions. I am currently on the second stage of the property ombudsman's process.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's all but I have email conversations between myself, the company and the property ombudsman.

Briefly can you explain the discrimination? This relates to a private rented home?

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Customer: replied 12 days ago.
back in November I visited a property in Crawley which I wanted to move in to. I was told that I had failed the referencing and asked for what reason. The estate agents (Martin & Co) told me they didn't fail me, it was the referencing company (Homelet). I sopke with Homelet who told me they do not pass or fail anyone. All they do is collate information and it is for the landlord or estate agent to make the decision. I then went back to Martin & Co who repeated that it was the referencing agency responsible. I made a complaint to Martin & Co and was directed to the property ombudsman and have been going through their process ever since. I am currently at their second stage as I rejected their view from the first stage.

I see so you do not know what reason you were failed?

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Customer: replied 12 days ago.
that's correct.

Hmm, I see, well you can try and bring legal action but really I would suggest waiting until the property ombudsman actually process the complaint and that will give you more information that you can then use that to try and bring a legal claim when you know if there is actually nay basis for a claim. I trust this assists

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Customer: replied 12 days ago.
Ok but I have been advised that there is a 6 month period in which to bring legal action. As I have been in their complaints process since November, will this be taken into account?

No if you have a basis for a legal claim there is not a 6 month time limit. I trust this assists

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Customer: replied 12 days ago.
Ok thank you very much for your time.

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