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europa16

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About europa16

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  1. Drydens sent a letter back eventually saying they would refer back to Erudio. This week Erudio have sent me a statement of account for the two statute barred loans and the yearly "you are in arrears" letters. Ignore or tell them to shove it up their bum?
  2. A museum and camping/caravanning. The wanted to also turn one of their barns into a holiday let.
  3. There were particulars on the back sheet of the sales blurb but the estate agents and solicitor never mentioned the importance of this, so we only glanced at it (in hindsight a totally naive and stupid thing to do). During the sale the council asked our intentions and we told them we needed to run a joinery business, so we have an email saying they don’t have an issue with it - thought this covered us and they wouldn’t be added. Solicitor, on the day of signing, went through the paperwork, skipped over a chunk saying we didn’t need to read it all as it was just the usual, and so we signed (again, in hindsight a stupid thing to do). We have no proof of this so it would be his word against ours. The restrictions were only noticed when the paperwork came back from the Land Registry. Been trying to get them off ever since... We never would have bought the place if we had realised that we would have to go through this, the barns were essential for our job and livelihood now and in the future.
  4. Local authority hold a restrictive covenant over our property and land. It says we can only use the land and buildings for agricultural and horticultural use, no fixing cars, no catteries or kennels, no cattle. It is an ex-farm and as far as I am concerned, due to the asbestos on the barns and the state of the house, we paid a fair market price. At the time, we didn't realise there were any restrictions but they asked what we were going to do with the place and so we got permission (email) several years ago to run our joinery business from the barn. We now want to turn one part of the barn into a holiday let (it is literally two walls and no roof as the asbestos has had to be removed. We got planning permission from the district council, but the county council who have benefit of the covenant are asking for a "consideration" of tens of thousands! This is just to relax the covenant, not remove it. We are surrounded by their agri. fields on 2 sides and a private property on the other. I have an email from the council from the time we bought the house, saying that we can run the business from the barn. Does the fact that we have planning permission and spent thousands on the planning fees, building control and all the materials to start work on the lets (no work has physically started), and that we have run our business from the property with their consent, mean we are in breach and they can take the pee with compensation? i cannot see how they have lost any value on their adjoining fields, so are they trying to use the restriction as a clawback/overage? Can they do this? We haven't got the money and can't continue the current business. Absolute headache and no clue to move sensibly forward with them. Forgot to mention, neighbours also have ex-council farm and run businesses from there. The council said to remove theirs would be a 5th of the price. Help!
  5. So I should write to them? I filed a defence which they have totally ignored and want to get a judgement against me. Wouldn't the courts need to know that they're trying to pull a fast one by ignoring my defence?
  6. The claim number on both the MCOL claim and their latest letter are the same. The amount outstanding has changed though, they have added an extra £22.00 to the letter.
  7. There is no CCJ number, just the MCOL claim number and also the account number, along with outstanding amount.
  8. Right, now I am worried! I've just received a letter from Drydens Fairfax, dated 2nd August 2019 telling me that an application has been made to enter a County Court Judgement against me!! What the hell? I entered my defence on 28th May 2019 through MCOL and have heard nothing back since. They've not uploaded anything, they've not been in touch since sending me what I already had (and after the cut off point). What do I do?
  9. Okay, so I've double checked the MCOL website and the last thing on there is my defence on 28/5/19. Drydens have not done anything on there. The paperwork I received from HMTCS stated that they would need to go back to the court with a good reason if they wanted to do anything after 28 days. So, no more hassle?
  10. I did - that’s been filed with the other paperwork but there’s been nothing more from the courts. After I posted this last update, the postman brought me the CPR paperwork from Drydens which I’d asked for weeks ago, and confirms my thoughts that the debt is SB and they have nothing but statements and a v.poor copy of the agreement.
  11. I filed my defence at the end of last month, stating it was SB. Have heard nothing from them since. How long have they got left to respond and what happens if they don’t? thanks
  12. Okay, so I did a CPR 31.14 just in case they held anything back in the PAP paperwork but nothing received so assuming they've got nothing more. Therefore, I'm going to file the following (as mentioned on a number of other threads with SB debts): 1 The Claimant's claim was issued on 3rd May 2019. 2 The Defendant contends that the Claimant's claim, so issued, is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £2900 or any other sum, or relief of any kind is denied. Is that it? Do I need to add anything more? Ta
  13. I know I shouldn't worry but when I read about court cases which went to the High Court and judges deciding Default Notices reset the clock, I am worried - Erudio did issue a default notice in May 2016 (not SLC). Not that I received it - it went to an old address! I don't want to toss things up by issuing a defence on it being Statute Barred if Drydens can then rely on the Default notice to say it's not, as I have then acknowledged the debt and will have to pay this back (despite being under the salary threshold for the majority of the 25 years). This is stressing me.
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