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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Kettering Council, disputed Ctax and Rossendales


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Hi Guys,

 

I have a story for you, so bear with me.

 

19th Sept 2008 we left the house we rented having been in a long term and heated dispute over various issues with the landlord having lived there for over 10 years.

 

We had paid our Council Tax to KBC right up to when we left, and even sent them a letter to say we where leaving the area.

 

We where then effectively homeless for 8-9 months, we came down to Sussex so my wife could be close to her little sister who is medically in a very bad way.

 

So we stayed in a "Winter let" Until 1st Jan 2009 in a holiday caravan that was 3 feet deep in rain water, then we moved to another holiday let for 2 months in a house in Hastings. The lady who owned the caravan invited us back and said if I did some key maintenance to that and her other caravan on the holiday site, we could stay for free until she had a holiday booking.. Which we jumped at and we took great care of both her caravans, she was a really nice lady and I felt duty bound to do whatever I could for her.

 

During that time Kettering Borough Council called me and sent letters to the site (and we got into trouble for that, no mail rule on a holiday site apparently) telling me I owed them just over £200.

 

I politely told them to leave me alone and explained the situation, they said that Ctax is a priority debt, and I explained that I failed to see how I owed them the money and actually I have some rather more priority issues at the moment, and whether I owed Ctax to somewhere I used to live was rather low priority to finding a home for my family.

 

So we found a home, not what we wanted, in fact we can't stand it here, but it's better than a caravan again (I was a VERY stressed bunny in that van).

 

KBC have now sent thier Bully Boys, Rossendales, before I joined here I just made a payment of about £26 and agreed a payment of £100 over 2 months..... Which was fine then, now jobs have gone, savings have gone.

 

So Bully boys told me they are coming to collect my stuff after charging me £110 + Vat (Yeah right, I've read up on here what they can and can't do, they can stick their Vat right where it came from thankyou very much).

 

So I sent the standard "Got no money can you freeze for 6 months" to KBC via email and Recorded post. And got the following back.... I feel there MUST be room for futher negotiation, and can I REFUSE to deal with the bully boys? WE DO NOT HAVE ANYTHING WE CAN OFFER THEM, I made it clear and sent a balance sheet, so they know what I have coming in and out.

 

Not only that but we paid the Ctax right up to when we left, so I don't really see how we owe them anything.

 

Dear Mr *EDIT*

 

Thank you for your email regarding your Council Tax arrears at *EDIT*

 

Although I can sympathise with your current financial situation I am unable to hold payment on this account. Council Tax is classed as a priority debt and as such needs to be collected as non payment can ultimately result in committal to prison.This debt relates to the 2008/2009 Council Tax year and so should have been paid during that financial year.

 

As you are aware the debt is currently with Rossendales our external bailiffs. Due to your situation I have contacted them and requested that they make a more lenient arrangement with you. In order to discuss an alternative arrangement please contact Rossendales on 0845 644 4100. If you fail to contact them to make a new arrangement the current arrangement that is in place will continue and the bailiffs will seek to recover the payments for the agreed instalments of £100.

 

Due to your circumstances I would advise that you contact your local Citizens Advice Bureau or Welfare Rights office to discuss your financial situation.

 

Regards

 

*EDIT*

Billing & Recovery Officer

 

Income & Debt

Kettering Borough Council

Municipal Offices

Bowling Green Road

Kettering

Northants

NN15 7QX

 

Web: www.kettering.gov.uk

 

Please feel free to contact the *EDIT*

Edited by 42man
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I'm not bothered, I don't live there any more, and plan to be as noisy as I can about this anyway, and only have the one "set" of Bailiffs to contend with, who already know that address and my current address via Experian "Credit expert", where they paid for my address information 4 times, so it's public info anyway, so if I remove it all I can't do a name and shame.

 

I would prefer advice on how to deal with this matter properly, rather than in my usual Cavalier methods.. I'm happy to deal with my online identity myself, but thank you for your concern

Edited by Hentooth
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if you know the a/c details etc pay the council direct via internet banking and bypass the bailiffs.

they cannot refuse itthat way

 

even £10 will show willingness and p'haps placate the situation.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok sorry then you need to sar them and find out why they did not ack your leaving letter or if they ever got it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX, THANKYOU, the SAR will screw them to the floor effectively, until they have provided ALL the information they have on me and my wife (I'll add £10 for her as well) from 1994-2008, they can't do a thing... I'll bet they don't have the complaints I made back in 1996 about the light that was out at the end of the path that went thru our village LOL.

 

No, really, thankyou, this is just what I needed for what while I lived there was a real pain in the butt of a council, if I do really end up owing them this money, then at least I would have made them work for it.

 

Gary

Edited by Hentooth
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Twice you have said you had paid up until the time you had left and yet you paid them £26 and made an agreement to pay more.

 

As bailiffs are involved then they have obtained a liability order from the courts.

 

When you receive the sar as advised by dx, if it shows outstanding amounts, do you have receipts of any kind to show you did pay up until the time you left the tenancy?

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