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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?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • 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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Marriage Breakup and refusing to Move from Council Housing


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A terrible thread title but its as good as i could do :smile:

 

Im trying to help a family member out with advice. I've told them to make an appointment to see CAB and also their Occupational Therapist but wondered if anyone on here would have any clue on the subject...

 

So they are husband and wife and live in a 3 bed council house. The wife is on numerous disability benefits mainly for a degenerative bone disease (has x amount of crumbling/broken vertebrae and numerous other related problems) and the husband doesn't work and is the carer.

 

The marriage has broken down and the husband isn't doing any of the caring. The wife wants to split and move out but the husband doesn't and they are both on the tenancy. Because he doesn't want to move or split up she cant ask the council for a move to a one bed place. husband and wife are constantly rowing and there has been violence and its also very likely to happen again.

 

It sounds a bit boring to me now seeing it written down but in reality things are really boiling over and the wife is at her wits end. She OBVIOUSLY has the option of leaving but not only would she lose her house but the council have also said they would not be able to put her anywhere else.

 

To me the best outcome would be if the council would swap the 3 bed house for 2 single flats but as im writing on behalf of the wife she is obviously more worried just about her. It seems the husbands refusal to accept a failed marriage has anchored her in a kind of limbo.

 

Any advice please?

Edited by MrSmithers
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thwere was a case in the high court similar to this and basically the answer is TOUGH. She will have to move out and then use desertion to show marriage has ended.

If she wants to make life uncomfortable for hubby then report him to DWP for not doing what he is paid to do and ask for assessment of care needs from outside.

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The marriage has broken down and the husband isn't doing any of the caring. The wife wants to split and move out but the husband doesn't and they are both on the tenancy. Because he doesn't want to move or split up she cant ask the council for a move to a one bed place. husband and wife are constantly rowing and there has been violence and its also very likely to happen again.

 

If there has been violence or emotional abuse, then contact the local police. Charges don't have to be pressed, but the report gets logged and triggers access to other services. Worst case, she could seek help from a Women's Refuge and/or Shelter.

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