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    • 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 xx/xx/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 xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/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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Parents rec letter to challenge council tax band


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My parents have received a letter from company who say they can challenge their council tax band, "for a fee" of course.

 

Ive read the sticky but not sure what to advise my parents, they are quite old and wouldnt dream of dealing this by themselves and I really would be put out if some oik in an office somewhere got hold of their hard earned money.

 

Has anyone on here successfully challenged the tax band, would I be able to do it on their behalf (with their tacit agreement ofcourse)?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hi monx

 

All you need to do is look at the band of houses in the same street, as well as houses in the area to see if you need to challenge.

This is fairly straight forward for an individual to do, you don't need a company doing this for your parents.

 

http://www.voa.gov.uk/council_tax/cti_home.htm

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Right! Thats just what I thought, thanks for you help both of you.

 

Ive done the calculation and there are three other houses in the street with a lower band that are of similar shape and size. they havent modernised or added value to the house with any extensions etc and according to the calculator the house was valued at less (in 1991) than the band they have been paying.

 

If parents want to challenge it I will do it on their behalf. I just worry that by doing it they revalue it for more and this costs my parents.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Since 1987, their mortgage was for £19000.00 in Feb of that year.

 

According to the calculator it would have been valued around £27,000.00 in 1991 and as such should have been band A but they have been Band B since that date.

 

Three other houses built at the same time by the same builder and the same spec, size and shape are already listed as band A so I think we should be ok but I always worry about the fly in the ointment!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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just going through this myself

 

tes you can get it back dated

 

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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A business premises I moved into were paying what I thought were the wrong rates - too much. I appealed against them and they informed me the rates had been wrong for the last 40 years but when asking what rebate I get was told it was only for 1 year.

 

Do your parents have a corner plot or one that is slightly larger than some of the others? Also if on a side street they could be more if you are nearer the main road! They have some weird & wonderful ways of working these out & I agree you should be careful in case it goes up but think this is only likely on resale but am unsure.

 

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They do have a small piece of land in front of the house but its about ten feet square (if that), there is nothing you could put on there that would improve the house or its value.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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If the Valuation Office decide the banding has been wrong since the property was first banded then they will alter the banding back that far .

 

The refunded balance (if it is re-banded) would be at most the difference between a Band A and B charge for each year - it may be less once any transitional relief or council tax benefit is adjusted.

 

A business premises I moved into were paying what I thought were the wrong rates - too much. I appealed against them and they informed me the rates had been wrong for the last 40 years but when asking what rebate I get was told it was only for 1 year.

 

Business rates, IIRC from when I did my training, revaluations are only valid for the life of the list. The list is re-drawn every 5 years so that is the maximum that any change can be backdated (or to the start of the list if less).

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If it only if it were that simple. We have 2,3, and 4 bed houses all in same band and all in the same road, yards apart, so nothing to compare to other than it's obvious they shouldn't have all been placed in the same catagory. Our valuation should have been lower as of the date it was calculated but the previous owners appealed and lost soon after. None of the 2-3 beds would have met the valuation at that time and would have been Band A with the rest B or C.

 

I can't magic up something to compare to if there is nothing to go on but surely common sense should prevail?

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